Audit Laws Details

This search field shows those states that have in place laws regarding not just recounts but also post-election audits. While only two states (Hawaii and Mississippi) lack recount laws, many more states lack laws regarding post-election audits.

Candidate-Initiated Options

This search field describes a number of notable characteristics that shape the candidate-initiated recount process differently in each state. These include both limitations that a state may set (some states allow candidates to request a recount only if there is a particular close vote margin, or only if they are running for a particular office) and privileges that a state may grant (such as allowing party officials to request a recount if the candidate does not).

Challengers and Observers

 This search field describes the different ways in which states provide guidance for the public to participate as observers and challengers in the recount process. See the individual search terms for further clarifications.

Close Vote Margin

Generally, a “close vote margin” is when the margin of votes between two candidates or two answers on a ballot question is quite small, or close. What constitutes “close” varies by state, as does the actual method for calculating this margin; please see the Close Vote Margin section on each state profile for details both on the specific margin set and the method used to calculate the margin. We use the term in several places in the recount database:

  1. The Close Vote Margin search field captures the different requirements used by states to determine if the difference in votes received by competing candidates or answers on a ballot measure is small enough to warrant a recount. The search options include both percentages (in which the vote margin between candidates is divided by a given number of votes, such as the total votes cast for an office) as well as vote count differences (in which a set number of votes, rather than a percentage, is given as the requirement). Please note that the percentage options indicate the highest vote margin that will initiate a recount in a given state. See “Less than or equal to X%” for more details.
  2. Close vote margin as a search term for the Initiating Mechanisms search field is used to describe any state that has laws requiring that a recount take place if the difference in votes received by competing candidates or answers on a measure is small enough that it falls within a pre-established margin. (The actual language used by states to describe this type of recount varies greatly, but they are often referred to as “automatic” or “mandatory” recounts.)

Recounts initiated by a close vote margin differ from those recounts that are described as a candidate - or voter-initiated with a close vote margin required. For the latter, a voter or candidate must take action in order for a recount to begin, though the law limits their ability to request a recount to those times when there is a close vote margin. For the former, election officials are legally bound to begin recount proceedings regardless of the actions of candidates or voters. The term is also used more generally throughout the recount guide any time a small vote margin somehow comes into play for a recount (for instance, a state may require that a different counting method be used if the election results fall within a specified close vote margin). It is important to note that different methods are used from state to state to calculate the vote margin. Please see the Close Vote Margin section of each state profile for details.

Close Vote Margin Options

This search field captures the different requirements used by states to determine if the difference in votes received by competing candidates or by opposing positions on a ballot measure is small enough to automatically initiate a recount. The search options include both percentages (in which the vote margin between candidates is divided by a given number of votes, such as the total votes cast for an office) as well as vote count differences (in which a set number of votes, rather than a percentage, is given as the requirement). See "Less than or equal to X%" below for more details.

Cost for Candidate-Initiated Recounts

These search fields describe the various means by which states obtain funds to pay for a recount initiated by a candidate or voter(s). This search field exists only for candidate- and voter-initiated recounts, as these are the only initiating mechanisms for which states charge the cost to a private individual, rather than paying the cost from local or state public funds. See the individual search terms for further clarifications.

Cost for Voter-Initiated Recounts

These search fields describe the various means by which states obtain funds to pay for a recount initiated by a candidate or voter(s). This search field exists only for candidate- and voter-initiated recounts, as these are the only initiating mechanisms for which states charge the cost to a private individual, rather than paying the cost from local or state public funds. See the individual search terms for further clarifications.

Counting Method

This search field describes the methods by which votes are recounted. This category exists separately from Voting System Used, for while two states may both use paper ballots, one may hand count all ballots while another may feed all ballots into an automatic tabulator. Unless otherwise noted, the counting method applies to votes cast on the primary and accessible voting equipment and not to how absentee and provisional ballots are counted. See the individual search terms for further clarifications. Counting method chosen by election official – This search term, for the Counting Method search field, indicates that state law allows election officials discretion when performing a recount as to the counting method to be used. The election official responsible for choosing the counting method varies by state.

Initiating Mechanism

This search field describes both persons (candidates, voters, election officials, courts) and circumstances (close vote margins, or audit results mandating a recount) that may trigger a recount to occur after the initial counting of votes. See the individual search terms for further clarifications.

Initiating Mechanisms

This search field describes both persons (candidates, voters, election officials, courts) and circumstances (close vote margins, or audit results mandating a recount) that may trigger a recount to occur after the initial counting of votes. See the individual search terms for further clarifications.

Rules for Determining Voter Intent

This search field captures whether state law (including administrative rules and codes in addition to state statutes) provides any guidance and who has the authority to establish definitions of voter intent. While some states provide definitions and guidance for how voter intent is determined in statute, others use the statutes to delegate authority to an office such as the Secretary of State or State Election Board; other states neither delegate authority nor provide guidance (whether general or detailed) as to how voter intent should be determined. See the individual search terms for further clarifications.

Voter-Initiated Options

This search field describes the characteristics that shape the voter-initiated recount process in each state. These include both limitations a state may set (some states allow voters to request a recount only if there is a particular close vote margin) and privileges a state may grant (such as allowing voters to request recounts for offices as well as ballot measures). See the individual search terms for further clarifications.

Voting System Used

 This search field describes the various methods and equipment used by voters to cast their votes in each state. This category focuses only on the primary and accessible voting equipment used, and does not include any variations that may exist for absentee or provisional ballots. For most states, absentee ballots are hand-counted paper ballots only. See the individual search terms for further clarifications.

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.

Voting System Used

Mixed paper ballots and DREs without VVPAT

For more details, visit Verified Voting.

Counting Method

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."

Initiating Mechanisms

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).

Close Vote Margin Options

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-Initiated Options

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).

Voter-Initiated Options

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).

Cost for Candidate-Initiated Recounts

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.

Cost for Voter-Initiated Recounts

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.

Challengers and Observers

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). 

Rules for Determining Voter Intent

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.

State Has Audit Laws
No

See the Oklahoma audit law information on optional audits at Verified Voting.

Revision Notes

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.