Oklahoma Statutes
Title 26. Elections
§26-11-107. Vacancy - Expiration of term.

If a judicial officer who was elected to a six-year term that expires the second Monday in January following the election or who was appointed to fill a vacancy that expires the second Monday in January following the election and who was retained in office by the voters at a prior General Election fails to file a Declaration of Candidacy to be retained in office to succeed himself, or files such a Declaration but is not retained in office at the election, the vacancy in office occurs on the second Monday in January following the election. If a judicial officer who was appointed to fill a vacancy but who has not yet been retained in office by the voters fails to file a Declaration of Candidacy, the vacancy in office occurs when the time to file such Declaration has expired. If such judicial officer files a Declaration of Candidacy but is not retained in office by the voters, the vacancy in office occurs when the result of the election is certified to the Secretary of State. In any of the above cases, the judicial officer may continue in office after the vacancy occurs until his successor has been appointed and has qualified for office.

Laws 1974, c. 153, § 11-107, operative Jan. 1, 1975.

Structure Oklahoma Statutes

Oklahoma Statutes

Title 26. Elections

§26-1-101. General elections.

§26-1-102. Primary elections.

§26-1-103. Runoff primary election.

§26-1-104. Closed primaries - Independent voters.

§26-1-105. Substitute candidates.

§26-1-106. Determining dates.

§26-1-107. Recognized political parties.

§26-1-108. Formation of new political parties.

§26-1-109. Party ceases to be recognized.

§26-1-110. Changes in party affiliation.

§26-2-101. State Election Board - Number of members.

§26-2-101.1. Appointment of members from certain political parties.

§26-2-101.2. Vacancy by death or resignation - Filling.

§26-2-101.3. Failure of political parties to submit nominees.

§26-2-101.4. Vacancy by failure to attend meetings - Filling.

§26-2-101.5. Chairman and Vice Chairman of State Election Board to continue as members - Appointment of third member.

§26-2-101.6. Secretary for State Election Board - Salary.

§26-2-101.7. Election of officers - Terms.

§26-2-101.9. Travel and expense.

§26-2-106. State Election Board duties – Altering or amending election procedures.

§26-2-107. Secretary's duties.

§26-2-107.1. Contracts for inspections, training and other functions.

§26-2-108. Offices of State Election Board.

§26-2-109. Maintenance of records - Records public.

§26-2-110. County election boards - Number of members.

§26-2-111. Appointment of members and alternates - Terms - Parties to submit nominations - Vacancies.

§26-2-111.1. Secretaries of county election boards - Appointment - Terms.

§26-2-111.2. Election of officers of county election boards.

§26-2-112. Secretary appointed by State Election Board.

§26-2-114. Removal of chair, vice chair, or alternate member.

§26-2-115. Compensation of chair and vice-chair.

§26-2-116. Duties of county election board.

§26-2-117. Secretary's duties - Assistant secretary - Compensation.

§26-2-118. Compensation of secretaries.

§26-2-119. Appropriations to county election boards.

§26-2-121. Offices of county election boards – Election security measures.

§26-2-122. Maintenance of records - Records public.

§26-2-123. Precinct officials.

§26-2-124. Appointment of inspector, judge and clerk - Terms.

§26-2-125. Authority to remove inspector.

§26-2-126. Inspector's duties.

§26-2-127. Duties of precinct officials.

§26-2-128. Appointment of counters - Compensation.

§26-2-128.1. Appointment of additional precinct officials.

§26-2-128.2. Additional workers.

§26-2-129. Compensation of precinct officials.

§26-2-130. Removal of precinct officials and others.

§26-2-131. Eligibility for membership on county election board or to serve as precinct official.

§26-2-132. Disqualification as board member or precinct official.

§26-2-133. Legal defense services.

§26-3-101. Elections to be on Tuesdays - Scheduling of special elections - State holidays - Filing of resolution.

§26-3-102. Forms provided by State Election Board.

§26-3-103. Registration forms provided by State Election Board.

§26-3-104. Costs - Payment from county or state funds.

§26-3-105. Costs of county elections.

§26-3-105.1. Election personnel - Compensation and benefits - Election expenses.

§26-3-105.2. Distribution of vouchers by mail.

§26-3-107. State Election Board Revolving Fund.

§26-3-107.1. State Election Board System Revolving Fund.

§26-3-107.2. State Election Board Help America Vote Act Revolving Fund.

§26-3-108. County Election Board Special Depository Account.

§26-3-108.1. Reimbursement of State Election Board for computer supplies.

§26-3-109. Training for county election board personnel.

§26-3-110. Reimbursement for training.

§26-3-111. Training program for precinct officials.

§26-3-112. Instruction materials for precinct officials.

§26-3-113. Instructions to voters.

§26-3-114. Public information.

§26-3-115. Establishment of precincts - Map of precinct required.

§26-3-116. Precinct boundaries.

§26-3-117. Precincts within municipalities.

§26-3-118. Changes in precincts - Notice - Transfer of affected voters' registration.

§26-3-119. Creation of subprecincts.

§26-3-120. Polling places - Tort liability.

§26-3-121. Voting devices - Ballot boxes.

§26-3-122. Voting booths.

§26-3-123. Board to provide polling places.

§26-3-124. Official seals.

§26-3-125. Oaths of office.

§26-3-126. Maintenance of records.

§26-3-127. Maintenance of election results.

§26-3-129. Publication of state directory and other materials.

§26-3-130. Post-election audit of election results – Report by county election board to the Secretary of State Election Board.

§26-3-131. Authority to employ security measures to protect voting process.

§26-3-301.1. Local elections - Compliance with the Let the Troops Vote Act of 2011.

§26-4-101. Persons entitled to become registered voters - Exceptions.

§26-4-102. Registration required.

§26-4-103. Persons who will become qualified electors - Time for registration.

§26-4-103.1. Procedure to register or update registration

§26-4-104. Time and place of registration.

§26-4-109. Locations.

§26-4-109.2. Voter registration agencies

§26-4-109.3. Motor vehicle licensing agencies - Voter registration.

§26-4-109.4. Electronic submission of voter registration application.

§26-4-110.1. Time for submission of voter registration applications - Notice of disposition.

§26-4-112. Registration applications

§26-4-113. Voter identification cards.

§26-4-114. Maintenance of registration information.

§26-4-115. Central registry.

§26-4-115.1. Correction of clerical or administrative errors.

§26-4-115.2. Confidentiality of residence and mailing address.

§26-4-116. Transfer of registrations.

§26-4-117. Change of name or of residence within same county.

§26-4-118. Change of residence to another county.

§26-4-118.1. National Change of Address dataset.

§26-4-119. Change of political affiliation.

§26-4-120. Cancellation of registrations.

§26-4-120.1. Voluntary cancellation of registration.

§26-4-120.2. See the following versions:

§26-4-120.2v1. Inactive voters.

§26-4-120.2v2. Inactive voters.

§26-4-120.3. Deceased persons - Cancellation of registration.

§26-4-120.4. Convicted felons - Cancellation of registration - Liability.

§26-4-120.5. Incapacitated persons - Cancellation of registration.

§26-4-120.6. Registration in another county or state - Cancellation or registration.

§26-4-120.7. Registration applications - Removal from registries - Destruction.

§26-4-120.8. Reregistration of cancelled voter.

§26-4-120.10. Voting in precinct from which registration transferred.

§26-4-120.11. Voter registration database query – Investigation of residential addresses with high number of registered voters.

§26-4-121. Multistate voter list maintenance organizations.

§26-5-101. Declarations of candidacy required.

§26-5-102. Candidates filing with Secretary of State Election Board.

§26-5-103. Candidates filing with secretary of county election board.

§26-5-104. Party must be recognized.

§26-5-105. Candidate must be registered - Exceptions.

§26-5-105a. Misdemeanor embezzlement and felony offenders barred from public office for certain time - Pardons.

§26-5-106. Candidate may file for only one office.

§26-5-107. Identical names prohibited.

§26-5-108. Adopting name of incumbent prohibited.

§26-5-109. Adopting name of person of state or national reputation prohibited.

§26-5-110. Filing period.

§26-5-111. Declaration of candidacy forms.

§26-5-111.1. Declaration of Candidacy - Signature of candidate.

§26-5-112. Petitions and filing fees.

§26-5-114. Designation of term.

§26-5-115. Withdrawals from primary.

§26-5-116. Withdrawals from runoff primary.

§26-5-116.1. Withdrawal from General Election.

§26-5-117. Declarations of Candidacy must be accepted - Exceptions.

§26-5-118. Contests of candidacy.

§26-5-119. Time for filing contest.

§26-5-120. Grounds for contest.

§26-5-121. Deposit required for contest.

§26-5-122. Date for hearing contest.

§26-5-123. Service of notice.

§26-5-124. Time for service of notice.

§26-5-125. Sheriff to serve notice - Secretary of election board made agent for constructive service.

§26-5-126. Hearing of contest.

§26-5-127. Candidacy may be stricken.

§26-5-128. Declaration may be amended.

§26-5-129. Answer to contest - Deposit required.

§26-5-130. Burden of proof on petitioner.

§26-5-131. Disposition of deposits.

§26-6-101. Appearance of candidate's name.

§26-6-102. Unopposed candidates.

§26-6-102.1. Definitions.

§26-6-103. Ballots printed by State Election Board.

§26-6-104. Ballots printed by county election board.

§26-6-104.1. Paper ballots required - Assistance.

§26-6-105. Separate ballots for general election.

§26-6-106. Manner of printing ballot cards for general election.

§26-6-107. Order of names for absentee ballots for primary.

§26-6-108. Order of names for absentee ballots for runoff primary.

§26-6-109. Order of names for Primary and Runoff Primary.

§26-6-110. Separate ballots for primary and runoff primary.

§26-6-111. Stubs for ballots.

§26-6-112. Identification of ballot as to precinct.

§26-6-113. Ballots for state questions.

§26-6-114. Ballots to be bound and designated.

§26-6-115. Number of ballots.

§26-6-116. Absentee ballots.

§26-6-117. Sample ballots.

§26-6-119. Ballots for educational purposes.

§26-6-120. Contracts for ballots - Advertising for bids.

§26-7-101. Employees to be allowed time to vote - Penalties.

§26-7-102. Supplies and ballots provided by State Election Board.

§26-7-102.1. Precinct registry - Duty to provide.

§26-7-103. Supplies and ballots distributed to precinct inspectors.

§26-7-103.2. Current list of registered voters.

§26-7-104. Hours for voting - Conformity with federal law.

§26-7-105. Delivery of supplies and ballots.

§26-7-106. Installation of voting booths.

§26-7-107. Empty ballot box - Tape verifying no counted votes.

§26-7-108. Electioneering prohibited.

§26-7-108.1. Exit poll - Notice.

§26-7-108.2. Exit poll pollster - Identification.

§26-7-108.3. Pollster restrictions - Violation deemed misdemeanor.

§26-7-108.4. Pollsters - Written polling materials - Restrictions on oral interviews and recordings.

§26-7-108.5. Exit polls - Restriction - Voluntariness.

§26-7-109. Disclosure of vote within election enclosure - Prohibition – Sharing of digital image or photograph - Admissibility as evidence.

§26-7-110. Intoxicating liquor prohibited.

§26-7-111. Voter must use ballot they were issued.

§26-7-112. Persons allowed in enclosure - News reporter or photographer.

§26-7-113. Order of entering enclosure.

§26-7-114. Procedure for determining eligibility.

§26-7-115. Absentee ballot affidavit.

§26-7-115.1. Address confirmation form – Persons required to complete.

§26-7-116.1. Provisional ballots - Persons authorized to use - Counting - Release of information - Retention.

§26-7-117. Signing precinct registry.

§26-7-118. Ballots to be marked in voting booth.

§26-7-119. Manner of voting.

§26-7-120. Secrecy folders.

§26-7-121. Time limit.

§26-7-122. Spoiled ballots.

§26-7-123.1. Physical inability to enter election enclosure - Oath - Assistance.

§26-7-123.3. Voter who requires assistance to vote.

§26-7-127. Rules governing counting.

§26-7-129.1. Ballots mutilated by electronic counting equipment to be counted.

§26-7-129.2. Substitute ballots.

§26-7-130. Watchers - Commission - Duties - Violation deemed misdemeanor.

§26-7-132. Certificate of vote - Electronic results of election results storage medium.

§26-7-132.2. Voting devices - Removal and transfer of election results storage medium.

§26-7-133. Ballot cards - Certificate of vote - Return to county election board.

§26-7-134. Retention of transfer case.

§26-7-134.1. Voting devices - Recounts.

§26-7-136. Canvassing returns.

§26-7-137. Methods of sealing.

§26-7-138. Credit for voting and record of voting method used.

§26-7-139. Short title - Prohibit the Private Funding of Elections Act – Violations - Penalties.

§26-8-101. Certifying nominees.

§26-8-102. Certificates of nomination not required.

§26-8-103. Certificates of election.

§26-8-104. Lists and certificates to be prescribed by Secretary of State Election Board.

§26-8-105. Tie votes.

§26-8-106. Time for issuing lists or certificates.

§26-8-107. Right to certificate.

§26-8-108. Lists and certificates to be issued.

§26-8-109. Time for filing contest - Contests alleging irregularities or fraud.

§26-8-110. Sheriff to provide security for ballot boxes or transfer cases.

§26-8-111. Petition for recount - Deposit required - Service of notice - Recounts of issue or question elections.

§26-8-112. Conduct of recount - Duties of presiding judge.

§26-8-113. Agents for candidates.

§26-8-114. Procedure for recount – Determination of validity of ballots – Watchers and counters.

§26-8-115. Certification of results - Ties involving candidates.

§26-8-116. Recount may cease - Rights of contestee.

§26-8-116.1. Counting of all ballots in precinct upon recount - Application of section.

§26-8-117. Expenses of recount.

§26-8-118. Election contested due to fraud or other irregularity.

§26-8-119. Petition alleging fraud - Procedure.

§26-8-120. Petition alleging irregularities - Procedure.

§26-8-121. Disqualification mandatory.

§26-8-121.1. Hearings on petitions alleging irregularities or fraud involving two or more counties.

§26-8-122. Determination of successful party impossible - Procedure - Governor to call special election.

§26-9-100. Experimental voting devices or equipment.

§26-9-115. Notice of testing of voting devices.

§26-9-118. Unlawful acts relating to voting devices.

§26-9-121. Counting or tabulating devices not to be connected to the Internet.

§26-10-101. Nomination of Presidential Electors - Certification.

§26-10-101.1. Candidates pledged to Independent candidate for President.

§26-10-102. Oath for Presidential Electors.

§26-10-103. Election of Presidential Electors.

§26-10-104. Qualifications.

§26-10-105. Ballots.

§26-10-106. Certificates of Election.

§26-10-107. Electors to meet - Duties.

§26-10-108. Vacancies.

§26-10-109. Penalty.

§26-11-101. Declaration of candidacy - Expiration of term.

§26-11-102. Declaration of candidacy after appointment.

§26-11-103. Terms of office.

§26-11-104. No filing fee.

§26-11-105. No declaration filed - Procedure.

§26-11-106. Certification.

§26-11-107. Vacancy - Expiration of term.

§26-11-108. Judicial ballots without party designation.

§26-11-109. Retention ballots.

§26-11-110. Two persons filing.

§26-11-111. More than two persons filing.

§26-11-112. No candidate receives majority - Procedure.

§26-11-113. Candidate receives majority - Procedure.

§26-11-116. Deceased candidate - Primary or general election ballots - Special election.

§26-12-101. Vacancies in Congress.

§26-12-102. Proclamation required.

§26-12-103. Dates for filing period - Elections.

§26-12-104. General laws apply.

§26-12-105. Term.

§26-12-106. Vacancies in the Legislature.

§26-12-107. Proclamation.

§26-12-108. Dates.

§26-12-109. General laws apply - Unopposed candidates.

§26-12-110. Term.

§26-12-110.1. Elections to fill seat of House or Senate member not eligible to finish term – Full term and period of service defined.

§26-12-111. Vacancies in county elective offices.

§26-12-112. Proclamation.

§26-12-113. Dates.

§26-12-114. General laws apply.

§26-12-115. Term.

§26-12-116. Special elections on state or local questions.

§26-12-117. General laws apply.

§26-12-118. Certification.

§26-12-119. Incumbents - Irrevocable letter of resignation - Special elections.

§26-13-101. County election board to conduct.

§26-13-101.1. County boards not required to conduct certain elections - Time between primary and general municipal elections.

§26-13-102. Notice of elections.

§26-13-103. Conduct of municipal elections - Partisan elections.

§26-13-104. Filing fee or petition not required.

§26-13-105. Materials and ballots.

§26-13-106. Certification.

§26-13-107. Maps to be provided.

§26-13-108. Eligible voters.

§26-13-109. Copy of charter required.

§26-13-110. Municipalities in more than one county.

§26-13-111. Expenses.

§26-13A-101. Applicability of general election laws - Precincts totally or partially contained within district - Opening and closing procedures.

§26-13A-102. Conduct of elections pursuant to this article.

§26-13A-103. Election dates - Special elections.

§26-13A-104. Certification of election in multicounty district.

§26-13A-105. Declaration of candidacy.

§26-13A-106. Eligibility to be candidate for school board - Eligibility to vote.

§26-13A-108. School district maps.

§26-13A-109. Resolution calling for election – Legal notice.

§26-13A-110. Vacancies.

§26-13A-111. Costs of elections.

§26-14-101. Absentee ballots authorized - Adjustment of filing period.

§26-14-101.1. See the following versions:

§26-14-101.1v1. Absentee ballot harvesting.

§26-14-101.1v2. Absentee ballot harvesting.

§26-14-102. Designation of absentee ballot.

§26-14-103. Deadline to receive requests for absentee ballots.

§26-14-104. Time for return of absentee ballot to secretary of county election board.

§26-14-105. Voters absent from county on election day - Application for ballot.

§26-14-106. Transmittal of ballot to voter.

§26-14-107. Materials to accompany absentee ballots - Sharing of digital image or photograph - Admissibility as evidence.

§26-14-108. Return of ballots - Witnessing of affidavit.

§26-14-108.1. Notary public - Absentee ballots and affidavits.

§26-14-110.1. Physically incapacitated persons - Absentee ballot.

§26-14-111.1. Transmittal of ballot to voter.

§26-14-112.1. Materials to accompany ballot.

§26-14-113.2. Marking and return of ballot.

§26-14-114. Elector confined to nursing facility outside county.

§26-14-115. See the following versions:

§26-14-115.1. See the following versions:

§26-14-115.1v1. Incapacitated voter unable to vote in person - Procedure.

§26-14-115.1v2. Incapacitated voter unable to vote in person - Procedure.

§26-14-115.4. In-person absentee voting.

§26-14-115.5. Absentee voting boards.

§26-14-115.6. See the following versions:

§26-14-115.6v1. Emergency absentee ballots for first responders and emergency workers.

§26-14-115.6v2. Emergency absentee ballots for first responders and emergency workers.

§26-14-115.7. Applicable procedure for properly executing an absentee ballot affidavit.

§26-14-115.12. XXX.

§26-14-115v1. Elector confined to nursing facility or veterans center within county - Procedures.

§26-14-115v2. Elector confined to nursing facility or veterans center within county - Procedures.

§26-14-118. Transmission of ballots and materials to voters.

§26-14-118.1. Failure to receive mailed ballot in time to be counted - Transmission by facsimile device.

§26-14-120. Marking, return, and processing of ballots.

§26-14-121. Discharged military personnel or personnel on officially authorized leave or spouses thereof - Authorization to vote.

§26-14-121.1. Replacement absentee ballots.

§26-14-122. Handling of returned ballots.

§26-14-123. Removal of outer envelopes - Examination of affidavits.

§26-14-124. Absentee counters – Appointment.

§26-14-125. Counting procedure.

§26-14-127. Prescribing forms.

§26-14-128. Instructions.

§26-14-129. List of absentee voters.

§26-14-130. Posting of lists.

§26-14-132. Retention of materials.

§26-14-133. Notification of rejection.

§26-14-135. Emergency procedures to facilitate voting by uniformed and overseas citizens.

§26-14-136. Short title.

§26-14-137. Definitions.

§26-14-138. Application of voting procedures.

§26-14-139. Implementation of Uniform Military and Overseas Voters Act.

§26-14-140. Assignment of overseas voters to precincts.

§26-14-141. Voting registration - Federal postcard application.

§26-14-142. Military-overseas ballot - Application methods.

§26-14-143. Ballot timeliness.

§26-14-144. Ballot distribution.

§26-14-145. Ballot validity.

§26-14-146. Federal write-in absentee ballot.

§26-14-147. Counting of ballots.

§26-14-148. Signed declaration.

§26-14-149. Electronic free-access system.

§26-14-150. Voter electronic-mail addresses.

§26-14-151. Election notice.

§26-14-152. Mistakes or omissions in voting documents.

§26-14-153. Enforcement of act.

§26-14-154. Application and construction of act.

§26-14-155. Conflict with federal law.

§26-16-101. Felony offenses.

§26-16-102. Voting illegally.

§26-16-102.1. Illegal handling of voting ballots.

§26-16-102.2. False absentee ballot application.

§26-16-103. False swearing.

§26-16-103.1. Unauthorized registration of voters.

§26-16-104. False notarization.

§26-16-104.1. Ballot harvesting - Felony.

§26-16-105. Fraud.

§26-16-106. Bribes to influence votes.

§26-16-107. Bribe for withdrawal of candidacy.

§26-16-108. Acceptance of bribe for withdrawal.

§26-16-109. Coercion prohibited.

§26-16-110. Misdemeanors.

§26-16-111. Electioneering.

§26-16-112. Intoxicating liquors.

§26-16-113. Interference with voter or conduct of election.

§26-16-114. Failure to perform duty.

§26-16-115. Disclosure by voter.

§26-16-116. Disclosure by election official.

§26-16-117. Disclosure of count.

§26-16-119. Expenditure of public funds.

§26-16-120. Illegal printing or possession of certain voting materials.

§26-16-123. Voter registration or voting crimes - Notification of district attorney - Investigation and report.

§26-16-123.1. Witnessing signature of more than certain number of affidavits of persons swearing incapacitation - Violation.

§26-16-124. Election-related unauthorized access or tampering - Penalty.

§26-16-125. Sharing of voting image to intimidate or influence – Demanding or requiring another to share voting image.

§26-16-126. Ballot harvesting - Misdemeanor.

§26-17-112. Effect of headings.

§26-20-101. Date of primary - Other elections prohibited.

§26-20-102. Filing with Secretary of the State Election Board - Qualifications - Petition - Fees - Ballots.

§26-20-103. Primary election statutes applicable.

§26-20-104. Certification of candidates - Allocation of delegates - Future primaries - Delegate voting.

§26-20-105. Delegates and alternates to file affidavits on voting.

§26-21-101. Unitary, unified, integrated system of election administration - Implementation – Procedures.

§26-21-102. Procedures to protect proprietary interest in computer programs.

§26-22-101. Declaration of election emergency - Contingency plan.

§26-22-102. Ballot printing.

§26-22-104. Method of counting.

§26-22-105. Procedures governing counting.

§26-22-106. Reason for failure to count to be noted.

§26-22-109. Certificate of vote.

§26-22-110. Ballots and materials placed in ballot transfer box - Return to county election board.