Recount laws in Oklahoma

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An election recount is a process by which votes cast in an election are re-tabulated to verify the accuracy of the original results. Recounts typically occur in the event of a close margin of victory, following accusations of election fraud, or due to the possibility of administrative errors. Recounts can either occur automatically or be requested by a candidate or voters.


Note: The content below describes recount procedures in Oklahoma. The information on this page is not intended to serve as a manual for those seeking to start or halt a recount; individuals seeking more information about specific processes and requirements should contact their state election agencies.

Summary of recount laws

The list below shows answers to common questions regarding recounts in Oklahoma.[1]

  • Does state law require automatic recounts?
    • No.
  • When must an automatic recount be completed?
    • There are no automatic recounts in this state.
  • Can a recount be requested?
    • Yes, the recount can be requested by 5:00 p.m. on the Friday after the election. There is no margin required for a candidate-requested recount. Requirements for voter-requested recounts of non-statewide ballot measures vary and can be found below. The is no deadline for completion.
  • Who pays for a requested recount?
    • The requester.
  • Is a refund available for requested recount costs?
    • Yes. Costs paid by the requester are refunded if the recount changes the election outcome. A requester might receive a refund if the amount paid was greater than the actual cost of the recount.
  • Can a partial recount be requested?
    • Yes.

Oklahoma recount procedures

Automatic recount procedures

Oklahoma does not require automatic recounts.

Requested recount procedures

Any candidate whose name appeared on the ballot may request a recount of that election regardless of the margin.[1]

A voter may request a recount of any non-statewide ballot measure election. The request can only be made under the following circumstances:[1]

  • For measures requiring a simple majority vote:
    • More than 14,999 votes cast: the margin between votes for and against the measure must be less than or equal to 150.
    • Fewer than 15,000 votes cast: the margin between votes for and against the measure must be less than or equal to 1% of the total votes cast.
  • For measures requiring more than a simple majority vote:
    • More than 14,999 votes cast: the margin between votes for the measure and the number required for approval must be less than or equal to 150.
    • Fewer than 15,000 votes cast: the margin between votes for the measure and the number required for approval must be less than or equal to 1% of the total votes cast.

When making the request, the voter must submit a petition signed by 150 registered voters who participated in the election, when the total number of votes cast on the measure is greater than 14,999. When the total number is fewer than 15,000, the petition must be signed by a number of registered voters who participated in the election equal to 1% of the total votes cast on the measure.

The deadline to request a recount is no later than 5:00 p.m. on the Friday following the election.[2] For both candidates and voters, the requester is responsible for costs associated with the recount unless the recount changes the election outcome, in which case the costs are refunded. If the recount does not change the election outcome, the requester may receive a refund if the costs paid were greater than the cost of the recount.[1] State law does not specify a deadline for the completion of such requested recounts.[1]

Election officials may also conduct a recount on Election Night if certain issues are detected such as malfunctioning voting equipment or a gap between ballots cast and voters who voted greater than or equal to 2%. The State Election Board may also direct counties to conduct Election Night recounts in the event of unanticipated issues.[3]

For more information regarding recount procedures in Oklahoma, click here.[4]

Oklahoma voting equipment

See also: Voting methods and equipment by state

Oklahoma uses paper ballot systems for its elections.[5][6]

50-state overview of recount laws

The table below summarizes where state laws allow for automatic and requested recounts. Click "show" to view the table.


50-state overview of requested recounts

The table below summarizes how requested recounts are paid for and whether it is possible for candidates to request a partial recount. Click "show" to view the table.


See also

Footnotes

  1. ↑ 1.0 1.1 1.2 1.3 1.4 Oklahoma State Statutes, "26-8-109 to117," accessed October 16, 2020
  2. ↑ Justia, "26 OK Stat § 26-8-109 (2019)," accessed Oct. 20, 2020
  3. ↑ Oklahoma Administrative Rules, "230:35-3-85.1. Election night recounts," accessed Oct. 20, 2020
  4. ↑ Specifically, 26-8-111 to 26-8-117.
  5. ↑ Verified Voting, "The Verifier - Polling Place Equipment - Current," accessed August 1, 2018
  6. ↑ ProCon.org, "What Is a Voter Verified Paper Audit Trail (VVPAT)?" accessed December 2, 2016
  7. ↑ Citizens for Election Integrity Minnesota, "Arizona Recount Laws," accessed Nov. 16, 2020
  8. ↑ A court may order a recount under Arizona law.
  9. ↑ This category encompasses instances where the state government pays for recounts and those states where counties pay.
  10. ↑ A recount alone cannot change the election results, but can be used to contest the election. At the end of that process, the court may choose not to levy costs against the prevailing party.
  11. ↑ Recounts occur as part of a contested election. A requester may be required to cover costs before the start of such an event. The court may choose to require the unsuccessful party in a contested election to cover the costs, which could involve a refund to the requester if he or she is the successful party.
  12. ↑ In the case of a court-ordered recount, candidates must pay, but will be refunded if the outcome changes. Regarding non-court-ordered recounts, state law does not mention whether the candidate is refunded in such a case.
  13. ↑ The state covers requested recounts of statewide constitutional amendments. The requester covers all other recounts.
  14. ↑ For local and county ballot measure elections, state law does not mention the possibility of a refund. For all other recounts, costs paid by the requester are refunded if the recount changes the election outcome.
  15. ↑ No mention in state law.
  16. ↑ No mention in state law.
  17. ↑ The state pays for candidate-requested recounts. The requester pays for voter-requested recounts.
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