Oklahoma Recount Laws

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 result must fall within a specified close vote margin, and the petition must be accompanied by a given number of signatures by other voters. The specifics of these requirements vary depending on the number of votes cast on the issue. If 15,000 or more votes are cast on the issue, the vote margin must be 150 or less, and 150 registered voters must sign the recount petition. If less than 15,000 votes are cast, the margin must be 1% or less and the petition must include signatures from “a number of registered voters who participated in the election equal to one percent (1%) or more of the total votes cast for and against the issue.” See Section 26-8-111, Subsections (B) and (C). The pertinent statute on this matter 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. 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. Recounts are not allowed for issues or recounts in any statewide election. See Section 26-8-111, Subsection (E). They are allowed on questions for “counties, municipalities, school districts and any other entity authorized to call elections.” See the Oklahoma Administrative Code, Rule 230:45-3-34, “Types of elections affected”: http://www.oar.state.ok.us/viewhtml/230_45-3-34.htm. 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, the Administrative Code also specifies that “All ballots, including absentee ballots and any counted provisional ballots, cast in the election in the county shall be recounted.” See Rule 230:45-3-39, “All ballots must be counted”: http://www.oar.state.ok.us/viewhtml/230_45-3-39.htm. Timing: Voters must submit their request by 5 p.m. the Friday following the election. See Rule 230:45-3-1, Subsection (a). The recount itself must begin not less than three and not more than 10 days after the recount is requested. See Section 26-8-111, Subsection (A).