Oklahoma Recount Laws
The Oklahoma Statutes (OK Stat) are available to view by Title here. Most statutes below refer to Title 26. The Oklahoma Administrative Code (OAC) for the State Election Board is available here.
Mixed paper ballots and DREs without VVPAT
For more details, visit Verified Voting.
Mix of hand count, retabulation and electronic review
Counting method chosen by initiator
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, OK Stat § 26-8-111(A)(3). “When a recount is initiated, all ballots in the precinct involved must be counted.” OK Stat § 26-8-116.1. See OK Stat § 26-8-114 for counting procedures in a recount. See also OAC 230-45-5 "Instructions for counters for manual recount," and OAC 230-45-3-53 "Instructions for electronic recount."
Close vote margin
Election official-initiated
Candidate-initiated
Voter-initiated
Election Official-Initiated Recounts:
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. OK Stat § 26-7-134.1 and OAC 230:35-3-85.1(a).
The Governor or the Attorney General may request a recount of any state question. OK Stat § 26-8-111(E)(1).
Timing: OK Stat § 26-7-134.1, OAC 230:35-3-85.1(a), and OK Stat § 26-8-111(E)(4).
Varies by election contest
Initiated automatically (subject to funding)
Subject to available funding, the Secretary of the State Election Board shall order an automatic recount of a state question if: (a) the margin of votes required for approval is one-half of one percent (1/2 of 1%) or less of the total number of votes cast for and against a state question involving a statutory issue or question, and (b) the margin of votes required for approval is one percent (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. OK Stat § 26-8-111(E)(2).
Timing: OK Stat § 26-8-111(E)(4).
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. OK Stat § 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. OK Stat § 26-8-111 (A)(1) & (A)(3).
Timing: OK Stat § 26-8-111(A)(8).
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. In addition, a petition bearing the signatures of registered voters who participated in the election is required. OK Stat § 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. OK Stat § 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. OK Stat § 26-8-111(C)(1) & (C)(2).
Recounts are not allowed for statewide issues or questions. OK Stat § 26-8-111(E). Recounts are allowed on questions for “counties, municipalities, school districts and any other entity authorized to call elections.....” OAC 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, “All ballots, including absentee ballots and any counted provisional ballots, cast in the election in the county shall be recounted.” OAC 230:45-3-39.
Timing: OK Stat § 26-8-111(D).
Initiator pays set or per jurisdiction fee
Initiator pays deposit or bond before recount
Payer of costs depends on outcome of recount
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 in the amount of Six Hundred Dollars ($600.00) for each three thousand (3,000) ballots or fraction thereof, to be recounted for each county affected." OK Stat § 26-8-111(A)(4)(a).
"If the candidate…requests that the ballots be recounted by electronic device, the petition must be accompanied by a cashier's check or certified check in the amount of Six Hundred Dollars ($600.00) for the first three thousand (3,000) ballots or fraction thereof and Three Hundred Dollars ($300.00) for each additional five thousand (5,000) ballots or fraction thereof, to be recounted for each affected county." OK Stat § 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 in the amount of Three Hundred Dollars ($300.00) in addition to the amounts required in paragraph 4 of this subsection. OK Stat § 26-8-111(A)(5).
See also the additional deposit requirements of OK Stat § 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, where the deposits are in excess of the costs of the recount, there may be a refund to the petitioner even if the outcome does not change. OK Stat § 26-8-117.
Initiator pays set or per jurisdiction fee
Initiator pays deposit or bond before recount
Payer of costs depends on outcome of recount
The cost charged to a voter initiating a recount depends on the counting method that 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 in the amount of Six Hundred Dollars ($600.00) for each three thousand (3,000) ballots or fraction thereof, to be recounted for each county affected." OK Stat § 26-8-111(A)(4)(a).
"If the…individual requests that the ballots be recounted by electronic device, the petition must be accompanied by a cashier's check or certified check in the amount of Six Hundred Dollars ($600.00) for the first three thousand (3,000) ballots or fraction thereof and Three Hundred Dollars ($300.00) for each additional five thousand (5,000) ballots or fraction thereof, to be recounted for each affected county." OK Stat § 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 in the amount of Three Hundred Dollars ($300.00) in addition to the amounts required in paragraph 4 of this subsection. OK Stat § 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 are in excess of the costs of the recount, there may be a refund to the petitioner even if the outcome does not change. OK Stat § 26-8-117.
Statutes specify that recounts must be public.
Party/candidate or initiator has statutory authority to appoint challengers
No statutory guidance for recount observers
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." OAC 230-45-3-16. OK Stat §§ 25-301 to 307.
Recount petitioners are entitled to appoint a “watcher” at each counting location during a recount. OK Stat § 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.” OK Stat § 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.” OK Stat § 26-8-114(B).
Statutory guidance provided
Secretary of State or Election Board responsible for defining intent
The statute referencing voter intent applies to both counting and recounting votes. OK Stat § 26-7-127. See also the administrative rule OAC 230:45-5-19.
See the Oklahoma audit law information on optional audits at Verified Voting.
The sections for Voting Systems, Counting Method, Initiating Mechanisms, Election Official Recounts, Close Vote Margin Options, Candidate-initiated options, Cost for Candidate Initiated Options, and Cost for Voter Initiated Options were updated 11/8/2022.
Other sections were updated 2/21/2020 using the Oklahoma Statutes (OK Stat) updated to 11/7/2019, and using the Oklahoma Administrative Code (OAC) updated to 1/15/2020.