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


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  • A.  The Secretary of the State Election Board is authorized to declare an election emergency for any area of the state if it becomes impossible to conduct one or more elections using voting devices or in the event that a national or local emergency, either natural or manmade, makes substantial compliance with state and federal election laws impossible or unreasonable.  The declaration must be made in writing and must specify the county or counties, election or elections and dates covered by the emergency.

    B.  The Secretary of the State Election Board and the Adjutant General shall develop a contingency plan for a major election emergency.  The plan shall be developed not later than January 1, 2014, and shall be updated thereafter as deemed necessary by the Secretary and the Adjutant General.  The plan shall provide procedures for the Secretary to request the assistance of the Oklahoma National Guard in the conduct of an election during a declared election emergency, upon approval of the Governor.  Such assistance shall not be deemed to be in violation of the provisions of Section 16-113 of this title or Section 4 of Article II or Section 5 of Article III of the Oklahoma Constitution.

    C.  The Secretary of the State Election Board is authorized to promulgate rules and procedures for elections conducted under a declaration consistent with purposes of state and federal election laws.

Added by Laws 1991, c. 321, § 41, eff. March 1, 1992.  Amended by Laws 2011, c. 139, § 18; Laws 2013, c. 114, § 1, eff. Nov. 1, 2013.