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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1010 By: Jenkins
AS INTRODUCED
An Act relating to elections; creating the
Presidential Preference Primary Modernization Act of
2025; amending 26 O.S. 2021, Section 20-104, which
relates to certification of candidates and delegate
voting; directing the Secretary of the State Election
Board to calculate certain costs related to the
Presidential Preferential Primary ballot; directing
the Secretary to issue an invoice for certain costs;
requiring invoice to include detailed accounting;
requiring payment by political party; establishing
penalty; permitting appeal by the state central
committee of a political party; establishing
timeline; directing the State Election Board to
conduct necessary hearings or reviews; providing for
noncodification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the "Presidential
Preference Primary Modernization Act of 2025".
SECTION 2. AMENDATORY 26 O.S. 2021, Section 20-104, is
amended to read as follows:
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Section 20-104. A. Upon the completion of the state canvass of
the results of the Presidential Preferential Primary, the Secretary
of the State Election Board shall certify to the state chairman of
each political party which has candidates participating in the
primary:
1. the names of the party's candidates and the votes each
received, by congressional district as well as statewide; and
2. the total of the votes cast in the political party, by
congressional district as well as statewide.
B. Each candidate shall be awarded delegates by congressional
districts proportionately, by the ratio of votes they received to
the total vote cast in said congressional district; provided
however, no delegates shall be awarded to any candidate receiving
less than fifteen percent (15%) of the vote, and such votes shall be
allocated among the other candidates in proportion to their total
vote. If no candidate receives fifteen percent (15%) or more of the
vote, then the candidate receiving the highest number of votes in
that district shall be awarded all the delegates from that district.
C. The candidate receiving the largest number of votes
statewide shall be awarded all delegate votes authorized by the
National Committee of the political party which are selected as the
at-large delegates at the state convention of said party.
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D. Votes shall be allocated on a basis of not less than one-
half (1/2) delegate vote or the minimum allowed by the national
party rules.
E. Each political party shall then select, by a method to be
determined by the party, as many delegates to the national party
convention as are allotted it by the national committee of that
party.
F. No later than 5:00 p.m. on the tenth day of January, 1988,
and each year thereafter in which the President and Vice President
of the United States are to be elected, the Attorney General shall
submit to the Secretary of the State Election Board notice of the
manner in which results of the next following Presidential
Preferential Primary are to be certified and to whom said results
are to be certified. The State Election Board shall certify results
according to the manner prescribed in the notice. The Attorney
General shall be required to provide said notice in such a way as to
be consistent with the methods required by the recognized political
parties relative to selection of delegates to their national
conventions.
G. Each delegate or alternate delegate to the national
convention of his political party shall cast their vote on all
ballots for the candidate who received this state's vote. If that
candidate is for any reason no longer a candidate, the votes of the
Oklahoma delegation shall be cast for any candidate of their choice.
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H. If the political parties involved in the primary elections
will not accept the minimum threshold or other provisions of this
section, or have a different method of allocating the votes of all
candidates falling below such threshold, either as to the
congressional districts or statewide vote, then these matters may be
governed by the respective political parties involved.
I. In the event that the delegates to a political party to the
national convention cast their votes for a candidate other than the
candidate who received this state's vote, except in cases where the
candidate has become deceased or has been declared disabled under
the Twenty-Fifth Amendment to the United States Constitution, the
Secretary of the State Election Board shall calculate the total cost
incurred by the state for including that candidate on the ballot.
The Secretary shall issue an invoice to the state central committee
of the political party for the amount calculated. The invoice
issued under the provisions of this section shall include a detailed
accounting of all costs incurred by the state for including the
candidate on the Presidential Preferential Primary ballot, including
but not limited to, administrative expenses, ballot printing, and
election staffing. The political party shall remit full payment to
the State Election Board within ninety (90) days of receiving the
invoice. Failure to pay the invoiced amount within the specified
timeframe shall result in the ineligibility of that political
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party's candidates to appear on the ballot in the subsequent
Presidential Preferential Primary.
J. If the state central committee of a political party disputes
the amount of an invoice issued pursuant to Subsection I of this
act, it may file a written appeal to the State Election Board within
thirty (30) days of receiving the invoice. The appeal shall specify
the items and amounts in dispute and provide any supporting
documentation or reasoning. Upon receipt of a timely appeal, the
State Election Board shall conduct any necessary hearings or reviews
and issue a written decision and any invoice modifications within
sixty (60) days of receiving the appeal.
SECTION 3. This act shall become effective November 1, 2025.
60-1-10551 MJ 12/04/24