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An Act
ENROLLED HOUSE
BILL NO. 1678 By: Townley of the House
and
Burns of the Senate
An Act relating to election certifications; amending
26 O.S. 2021, Section 8-105, which relates to tie
votes; modifying procedures for selection of nominee
or electee in certain elections; providing exception
to applicability of certain procedures; updating
statutory language; and providing an effective date.
SUBJECT: Election certifications
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 26 O.S. 2021, Section 8-105, is
amended to read as follows:
Section 8-105. A. When a tie vote is certified in the
nomination or election of any candidate in any Runoff Primary,
General Election, or any Primary Election, the election board which
that is authorized by law to issue the certified list or certificate
of election shall, at a public meeting of the board and in the
presence of the candidates involved or their designee, if they or
any of them desire to be present, select the nominee or electee by
lot.
B. When a nominee or electee is to be selected by lot pursuant
to the provisions of this section, the following procedures shall be
observed:
1. The secretary of the appropriate election board shall, on or
before the tenth day following the election, notify each of the
tying candidates for which the vote was tied. The notice shall
include the time, date, and location of the selection, shall be made
ENR. H. B. NO. 1678 Page 2
in writing by registered or certified mail, and shall be postmarked
not fewer than five (5) days prior to the meeting;
2. A candidate may designate one person as a witness to attend
the meeting on the candidate’s behalf. The designation shall be
made in writing, signed by the candidate, and presented to the
secretary of the appropriate election board;
3. The secretary of the appropriate election board shall, in
full view of those present at the meeting, clearly write or print
the name of each tied candidate on separate pieces of paper
measuring approximately equal size. The names of the candidates
shall be written or printed on the same color and type of paper.
The papers shall be folded in half one time so that the written
names are not visible and shall each be placed into a separate small
opaque container of equal characteristics selected by the secretary
of the appropriate election board. The opaque containers shall then
be placed inside a larger transparent container in which the opaque
canisters shall be tumbled or shaken so that the opaque containers
change position with respect to each other;
4. The secretary shall draw, or may designate a person other
than the candidates, witnesses, or other person directly interested
in the election to draw, one paper opaque container from inside the
transparent container, and the name of the nominee or electee
appearing on the first drawn paper inside the first drawn opaque
container shall be declared the winner. The secretary secretary’s
designee shall then expose the other name or names not drawn to all
witnesses present; and
5. The meeting shall be held on a weekday, holidays excepted,
between the hours of 7:00 a.m. and 7:00 p.m.
C. When there are three (3) or more candidates and a tie for
first place occurs for the nomination of a candidate at a Primary
Election for which a Runoff Primary will be held, the names of the
tied candidates shall be placed on the Runoff Primary ballot.
D. The procedures prescribed in this section shall not apply to
elections of state officers pursuant to Section 5 of Article VI of
the Oklahoma Constitution.
SECTION 2. This act shall become effective November 1, 2025.
ENR. H. B. NO. 1678 Page 3
Passed the House of Representatives the 21st day of May, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the 1st day of May, 2025.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________