OSCN Found Document:Authority to Declare Election Emergency
Title 26. Elections

Oklahoma Statutes Citationized
  Title 26. Elections
    Chapter A1 - Election Code
        Article Article XXII - Election Emergency
        Section 22-101 - Authority to Declare Election Emergency
Cite as: 26 O.S. § 22-101 (OSCN 2026)


A. The Secretary of the State Election Board is authorized to declare an election emergency for any area of the state in the event that one or more of the following circumstances has occurred or is imminent, and such circumstances could make substantial compliance with state and federal election laws impossible or unreasonable, or could disrupt voter registration, voting, the tabulation of votes or the certification of election results:

1. A national or local emergency, either natural or manmade;

2. Interference with election technology or election computer systems or networks;

3. A physical attack or physical threat to polling places, election offices, election officials or voters;

4. A security threat verified by federal or state security officials;

5. A criminal threat or activity verified by federal, state or local law enforcement officials; or

6. A major failure of voting hardware, software or computer systems or networks.

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 shall coordinate with the Oklahoma National Guard, the State Chief Information Officer, the Office of Emergency Management, the Oklahoma Office of Homeland Security and such other federal or state security officials the Secretary deems appropriate, to develop a contingency plan for a major election emergency.

C. The Secretary of the State Election Board may 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.

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

Historical Data


Laws 1991, SB 478, c. 321, § 41, eff. March 1, 1992; Amended by Laws 2011, SB 328, c. 139, § 18 (superseded document available); Amended by Laws 2013, SB 745, c. 114, § 1, eff. November 1, 2013 (superseded document available); Amended by Laws 2019, SB 261, c. 163, § 8, eff. November 1, 2019 (superseded document available).

Citationizer© Summary of Documents Citing This Document
Cite Name Level
Oklahoma Supreme Court Cases
 CiteNameLevel
 1994 OK 97, 879 P.2d 810, 65 OBJ 2546, In Re Initiative Petition No. 360, State Question No. 662Cited
Title 26. Elections
 CiteNameLevel
 26 O.S. 7-104, Hours For Voting - Vote at Precinct Polling PlaceCited
Citationizer: Table of Authority
Cite Name Level
None Found.