Current through Vol. 42, No. 1, September 16, 2024
(a) On election day at such time as the
Secretary of the County Election Board may prescribe, the County Election Board
shall meet to count absentee ballots. The following procedure shall be observed
to count ballots received by mail or private delivery service.
(1) Outer envelopes first shall be removed
and the affidavits examined as outlined in
230:30-11-2.
(2) The properly executed affidavit envelopes
shall be opened by the County Election Board, and the ballot envelopes shall be
removed as outlined in
230:30-11-3.
[26:14-125(A)(1)]
(3) The unopened
ballot envelopes shall be placed inside a ballot box. [26:14-125(A)(2)] The
ballot box shall be shaken to mix the ballot envelopes.
[26:14-125(A)(3)]
(4) The ballot
envelopes shall be removed from the box. [26:14-125(A)(3)] The ballot envelopes
shall be opened, and the ballots removed. [26:14-125(A)(3)] If an Oklahoma
Voter Registration Application form has been enclosed by an inactive voter
inside the ballot envelope, remove it and set it aside to be processed later.
Proceed to the next step.
(5) The
Secretary shall assign an employee of the County Election Board to each voting
device or high-speed scanner to be used to count the absentee ballots. The
County Election Board Chairman and Vice Chairman shall be present and shall
observe the counting process.
(6)
The person assigned to operate the voting device shall insert the absentee
ballots one at a time into the voting device until all absentee ballots
received have been counted. This procedure shall be repeated as necessary as
additional absentee ballots are received until 7 p.m. The following factors
shall be considered. Counties using high-speed scanners to count mail absentee
ballots shall follow the specific instructions provided for operation of those
machines to scan ballots and to resolve, if possible, any problems with ballots
the scanner rejects.
(A) In no event shall
fewer than 12 absentee ballots be counted at any one time, unless fewer than 12
ballots are received in total or after the first count is completed.
[26:14-125(B)]
(B) If the voting
device returns a ballot because of an over vote or other error made by the
voter when marking the ballot, accept the ballot. See
230:35-5-162.
[26:14-125(B)]
(C) In the event
that a ballot is damaged or defaced, as outlined in
230:30-19-5(a),
to the extent that it cannot be read and counted by the voting device, the
procedure described in
230:30-19-5(b)
shall be observed.
(7) In
the event that the election results storage device in a voting device used
during in-person absentee voting fails and results cannot be read into the
tabulation computer, the backup memory device in the voting device shall be
removed and read into the tabulation computer. If the backup memory device in
the voting device cannot be accessed, an election night recount of all ballots
cast on that voting device during in-person absentee voting shall be conducted
as outlined in
230:35-3-85.1. If an election
night recount of ballots cast during in-person absentee voting is required, the
Secretary shall obtain the sealed ballot transfer cases containing voted
absentee ballots from the Sheriff before beginning the recount procedure.
[26:14-115.4(B)(7)]
(8) As soon as
possible after 7 p.m. and after all absentee ballots received prior to 7 p.m.
have been processed through the voting device, the election results storage
device shall be removed from each voting device or high-speed scanner used to
count mail and nursing home absentee ballots and the election results storage
device or devices used during in-person absentee voting shall be returned by
the Sheriff.
(9) These election
results storage devices shall be given to the tabulation computer operator to
be read and tabulated as soon as possible after 7 p.m. The tabulation computer
operator shall print a Cumulative Report and a Precinct Report from Tally
immediately after reading and tabulating the election results for in-person
absentee voting and for mail and nursing home absentee ballots. One copy of
each report shall be posted on the door of the County Election Board office and
additional copies shall be made available to the news media and other
interested persons as requested.
(10) The person assigned to operate the
voting device shall open the main compartment of the ballot box, remove the
ballots, and place them inside a ballot transfer case. The ballot transfer case
shall be sealed with a long white State Election Board seal and the seal shall
be signed by the person who operated the voting device and by the County
Election Board members.
(b) Federal write-in absentee ballots
submitted by uniformed services and overseas voters, ballots issued to
uniformed services and overseas votersonline through the OMOBO system , and all
regular absentee ballots issued to these voters by mail and returned by fax
shall be counted by following the procedure described in
230:30-19-6.
Amended at 9 Ok Reg 2379, eff 7-1-92 ; Amended at 10 Ok
Reg 61, eff 10-9-92 (emergency); Amended at 10 Ok Reg 2731, eff 7-1-93 ;
Amended at 11 Ok Reg 307, eff 11-1-93 (emergency); Amended at 11 Ok Reg 1579,
eff 6-1-94 ; Amended at 14 Ok Reg 2635, eff 7-1-97 ; Amended at 15 Ok Reg 2556,
eff 7-1-98 ; Amended at 21 Ok Reg 3145, eff 7-22-04 (emergency); Amended at 22
Ok Reg 1869, eff 7-1-05 ; Amended at 30 Ok Reg 1656, eff
7-15-13