State Summary

Oklahoma’s statute provides for an automatic recount of a state question when, subject to available funding, when the margin of votes required for approval of a statutory issue or question is less than or equal to 0.5% and when the margin of votes required for approval of a constitutional issue or question is less than or equal to 1%. Any candidate whose name was printed on the ballot in an election for office may request a recount of that election. Recounts must be concluded no later than 45 days after the date of the election. Voters and candidates in Oklahoma may request recounts be conducted through either a hand count or electronic retabulation; however, if no preference is indicated, the recount will be done through electronic retabulation (see “Close Vote Margin Options” section for details).

Counting Method

Mix of hand count, retabulation and electronic review

Voters and candidates may request that ballots be recounted by hand or by electronic voting devices. If they provide no preference regarding the counting method, ballots will be retabulated. Okla. Stat. tit. 26, § 8-111(A)(8). When a recount is initiated, all ballots in the precinct involved must be counted. Okla. Stat. tit. 26, § 8-116.1. See Okla. Stat. tit. 26, § 8-114 for counting procedures in a recount; Okla. Admin. Code § 230:45-5-1 "Instructions for counters for manual recount," and Okla. Admin. Code § 230:45-3-53 "Instructions for electronic recount."

Initiating Mechanisms

Close vote margin
Candidate-initiated
Voter-initiated
Election official-initiated

Election officials may retabulate ballots on election night, but only under certain circumstances. The circumstances include a finding that the number of ballots cast does not match the number voters who voted by 2% or more, a machine malfunction that produces a blank or illegible results tape, or the failure of election workers to process emergency ballots through the precinct scanner before issuing final precinct results. In addition, a recount may be conducted in the precinct on election night if the secretary of the county election board is directed by the state election board to conduct an election night recount of all ballots cast at a precinct polling place in order to resolve an unanticipated problem. In each such case, election officials may retabulate the ballots on election night. Okla. Stat. tit. 26, § 7-134.1; Okla. Admin. Code § 230:35-3-85.1(a).

The governor or the attorney general may request a recount of any state question. Okla. Stat. tit. 26, § 8-111(E)(1).

For information on timing requirements, see Okla. Stat. tit. 26, § 7-134.1; Okla. Admin. Code § 230:35-3-85.1(a); Okla. Stat. tit. 26, § 8-111(E)(4).

Close Vote Margin Options

Varies by election contest
Initiated automatically

Subject to available funding, the secretary of the state election board shall order an automatic recount of a state question if: the margin of votes required for approval is 0.5% or less of the total number of votes cast for and against a state question involving a statutory issue or question, and the margin of votes required for approval is 1%or less of the total number of votes cast for and against a state question involving a constitutional issue or question. “Available funding” means a balance of $250,000.00 or more in the State Question Recount Revolving Fund as of the date of the election. Okla. Stat. tit. 26, § 8-111(E)(2).

For information on timing, see Okla. Stat. tit. 26, § 8-111(E)(4).

Candidate-Initiated Options

Candidate determines how many/which precincts to recount

Any candidate whose name was printed on the ballot in an election for office may request a recount of that election. Okla. Stat. tit. 26, § 8-111(A)(7). The candidate “must set forth in the petition the precincts and absentee ballots which are to be recounted” and may indicate that the candidate “desires to have the ballots recounted manually or by electronic voting devices.” If the candidate does not request a manual count, the recount will be conducted by retabulation. Okla. Stat. tit. 26, § 8-111 (A)(1)–(A)(3).

For information on timing, see Okla. Stat. tit. 26, § 8-111(A)(8).

Voter-Initiated Options

Close vote margin required
Voters determine how many/which precincts to recount
Voters may request recounts for initiatives/questions

For a voter to initiate a recount on an issue or question, the election results must fall within a specified close vote margin. petition bearing the signatures of registered voters who participated in the election is also required. Okla. Stat. tit. 26, § 8-111(B)(1) and (B)(2).

The statute also distinguishes between those issues and questions requiring a simple majority to be passed and those requiring more than a simple majority. For those requiring a simple majority, the margin is to be calculated as the difference between the votes cast for and against the issue. Okla. Stat. tit. 26, § 8-111(B)(1)–(B)(2). For those requiring more than a simple majority, the margin is to be calculated as the difference between the votes cast for the issue and the number of votes required for the issue to be approved. Okla. Stat. tit. 26, § 8-111(C)(1)–(C)(2).

Recounts are not allowed for statewide issues or questions, except that the governor may request a recount of any state question via a petition and, subject to available funding, the margin of votes required for approval of a statutory issue or question is less than or equal to 0.5% and when the margin of votes required for approval of a constitutional issue or question is less than or equal to 1%. (available funding means $250,000 or more in the State Question Recount Revolving Fund as of the date of the election). Recounts are allowed on questions for “counties, municipalities, school districts and any other entity authorized to call elections.” Okla. Admin. Code § 230:45-3-34. Voters requesting a recount may do so for all counties in which the issue is on the ballot, or they may select particular counties. However, for each county selected, “[a]ll ballots, including absentee ballots and any counted provisional ballots, cast in the election in the county shall be recounted.” Okla. Admin. Code § 230:45-3-39.

For information on timing, see: Okla. Stat. tit. 26, §8-111(D).

Cost for Candidate-Initiated Recounts

Paid entirely by initiator
Payor of costs depends on outcome

The costs to a candidate initiating a recount depends on the counting method requested.

If the candidate requests that the ballots be recounted manually, the petition must be accompanied by a cashier's check or certified check for $600 for every 3,000 ballots or fraction thereof, to be recounted for each county affected. Okla. Stat. tit. 26, § 8-111(A)(4)(a).

If the candidate requests that the ballots be recounted by “electronic device” (ballot scanner), the petition must be accompanied by a cashier's check or certified check for $600.00 for the first 3,000 ballots or fraction thereof and $300 for every additional five thousand 5,000 ballots or fraction thereof, to be recounted for each affected county. Okla. Stat. tit. 26, § 8-111(A)(4)(b).

If the petition for a recount is filed with the State Election Board, the petition must be accompanied by a cashier's check for $300 in addition to the amounts required above. Okla. Stat. tit. 26, § 8-111(A)(5).

Additional deposit requirements are listed in Okla. Stat. tit. 26, § 8-111(A)(6).

If the recount changes the outcome of the election, all fees paid are refunded to the candidate. In some cases, when the deposits exceed the costs of the recount, there may be a refund to the petitioner even if the outcome does not change. Okla. Stat. tit. 26, § 8-117.

Cost for Voter-Initiated Recounts

Paid entirely by initiator
Payor of costs depends on outcome

The cost charged to a voter initiating a recount depends on the counting method they request.

If the individual requests that the ballots be recounted manually, the petition must be accompanied by a cashier's check or certified check for $600 for every three thousand 3,000 ballots or fraction thereof, to be recounted for each county affected. Okla. Stat. tit. 26, § 8-111(A)(4)(a).

If the individual requests that the ballots be recounted by “electronic device” (ballot scanner), the petition must be accompanied by a cashier's check or certified check for $600 for the first 3,000 ballots or fraction thereof and $300.00 for every additional 5,000 ballots or fraction thereof, to be recounted for each affected county. Okla. Stat. tit. 26, § 8-111(A)(4)(b).

If the petition for a recount is filed with the State Election Board, the petition must be accompanied by a cashier's check for $300 in addition to the amounts required above. Okla. Stat. tit. 26, § 8-111(A)(5).

If the recount changes the outcome of the election, all fees paid are refunded to the petitioner. In some cases, where the deposits exceed the costs of the recount, there may be a refund to the petitioner even if the outcome does not change. Okla. Stat. tit. 26, § 8-117.

Challengers and Observers

Party/candidate/initiator may appoint challengers; no guidance on observers; recount is public

Recounts are open to the public: "Whenever the County Election Board meets to conduct a recount, that meeting is covered by the guidelines listed in the Oklahoma Open Meeting Act." Okla. Admin. Code § 230:45-3-16. See also Okla. Stat. tit. 25, § 301–207.

Recount petitioners are entitled to appoint a “watcher” at each counting location during a recount. Okla. Stat. tit. 26, § 8-114(A)– (B). In the case of recounts conducted by retabulation, the “watcher shall be limited to a challenge, in writing, of any action taken by operators of the voting devices.” Okla. Stat. tit. 26, § 8-114(A). In the case of recounts conducted manually, the “watcher shall be limited to a challenge, in writing, of any decision made by the counters with regard to counting of a ballot.” Okla. Stat. tit. 26, § 8-114(B).

Rules for Determining Voter Intent

The statute referencing voter intent applies to both counting and recounting votes. Okla. Stat. tit. 26, § 7-127. See also Okla. Admin. Code § 230:45-5-19.

Resources

Okla. Stat. tit. 26, § 7-134
Okla. Stat. tit. 26, § 7-127
Okla. Stat. tit. 26, § 8-111
Okla. Stat. tit. 26, § 8-114
Okla. Stat. tit. 26, § 8-116
Okla. Stat. tit. 26, § 8-117

Additional Resources

Oklahoma State Election Board
Oklahoma Statutes Title 26. Elections
Oklahoma Statutes Citationized