Okla. Stat. » Title 26 — ELECTIONS
Oklahoma Statutes

Okla. Stat. tit. 26, § 1-109 (2026)

Party ceases to be recognized

✓ current as of July 2026
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A. Any recognized political party shall continue to be a recognized political party if a candidate of that party for any

statewide elected office receives at least two and one-half percent (2.5%) of the total votes cast for the office in either of the preceding two general elections. If such a political party fails to retain recognition, the party may regain recognition only by following the procedure prescribed for formation of new political parties. The State Election Board shall proclaim the fact of a party's failure to receive a sufficient number of votes and shall order that the party cease to be recognized. B. Any recognized political party that ceases to be recognized under provisions of this section shall be designated as a political organization. Such political organization designation shall terminate four (4) years from the date that the political party ceases to be recognized or when the political organization regains recognition as a political party, whichever is earlier. Added by Laws 1974, c. 153, § 1-109, operative Jan. 1, 1975. Amended by Laws 1999, c. 88, § 1, emerg. eff. April 13, 1999; Laws 2016, c. 251, § 1, eff. Nov. 1, 2016; Laws 2018, c. 189, § 1. NOTE: The effective date stated for Laws 2018, c. 189, § 1 was purportedly retroactive to Nov. 1, 2017. For that reason, it was deleted here.

Notes of Decisions
Cited in 8 cases, 1976–2004 · leading case: McClendon v. Slater, 554 P.2d 774 (Okla. 1976).
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McClendon v. Slater, 554 P.2d 774 (Okla. 1976). · cites it 2× “The American Party ceased to be recognized when it failed to receive 10% of the total vote cast [6] under 26 O.S.Supp. 1975 § 1-109. [7] Neither did it comply with requirements of 26 O.”
Libertarian Party v. Oklahoma State Election Bd., 593 F. Supp. 118 (W.D. Okla. 1984). “26 O.S. § 1-109. The petition signature requirement for ballot access for a political party in Oklahoma is more severe than that of any other state.”
Beaver v. Clingman, 363 F.3d 1048 (10th Cir. 2004). “Okla. Stat. tit. 26, § 1-109 . If a party fails to achieve the required-ten percent, it loses its status as a party and becomes a “political organization” until it is able to regain party status through the mechanisms described in § 1-108.”
Atherton v. Ward, 22 F. Supp. 2d 1265 (W.D. Okla. 1998). · cites it 2× “As a result, the Libertarian Party ceased to be a recognized political party pursuant to Okla. Stat. tit. 26, § 1-109 . Plaintiffs’ political affiliation as registered Libertarian voters in the Oklahoma Election Management System was then changed to Independent as required by…”
Green Party of New York State v. New York State Bd. of Elections, 267 F. Supp. 2d 342 (E.D.N.Y 2003). “J-20; Okla. Stat. tit. 26 §§ 1-109(B), 4-112(A).”
Arutunoff v. Oklahoma State Election Bd., 687 F.2d 1375 (10th Cir. 1982). · cites it 2× “Okla.Stat. tit. 26, §§ 1-109, -110 (1971 & Supp.”
Rainbow Coalition v. Oklahoma State Election Bd., 685 F. Supp. 1193 (W.D. Okla. 1987). “Okla.Stat. tit. 26, § 1-109, 1-110. 13 The 5% petition signature requirement, the May 31 deadline for filing petitions, and the restriction on voter registration at Okla.”
Hunt v. Democratic Party of Oklahoma, 439 F. Supp. 788 (N.D. Okla. 1977). “«g * * * Title 26 O.S. § 1-109 sets forth the provisions by which a political party ceases to exist in the State of Oklahoma.”
Okla. Stat. tit. 26, § 1-109(B): 1 case
Green Party of New York State v. New York State Bd. of Elections, 267 F. Supp. 2d 342 (E.D.N.Y 2003). “J-20; Okla. Stat. tit. 26 §§ 1-109(B), 4-112(A).”
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