Oklahoma Administrative Code
Title 230 - State Election Board
Chapter 35 - Election Conduct
Subchapter 3 - County Election Board Responsibilities
Part 19 - VERIFYING AND COUNTING PROVISIONAL BALLOTS
Section 230:35-3-126 - Criteria for verification of provisional ballot affidavit information

Universal Citation: OK Admin Code 230:35-3-126

Current through Vol. 42, No. 1, September 16, 2024

(a) Voter not in Precinct Registry. A provisional ballot cast by a voter whose name is not in the Precinct Registry shall be considered verified and approved for counting if evidence of the voter's valid and timely voter registration is found and if:

(1) the provisional ballot was cast in the precinct of the voter's residence as indicated in the voter registration record or other evidence found; and

(2) in the case of a partisan primary election, the voter cast a provisional ballot for the same party as that of the voter's political affiliation in the voter registration record or other evidence found.

(b) Voter without proof of identity. A provisional ballot cast by a voter who is unable to provide or who refused to provide a valid form of proof of identity shall be considered verified and approved for counting if all following circumstances are met.

(1) The voter's name on the affidavit substantially conforms to the voter's name in MESA. If a voter has legally changed his or her name but has not updated the name on his or her voter registration, the voter may note this fact on the affidavit and may submit an Oklahoma Voter Registration Application form to change his or her name for voter registration purposes with the affidavit. Such a voter shall be deemed to have met this requirement.

(2) The voter's residence address on the affidavit substantially conforms to the voter's residence address in the voter registration database. A voter who has changed his or her residence address within the county, but has not updated the address on his or her voter registration may note this fact on the affidavit and also submit an Oklahoma Voter Registration Application form to change residence address within the county. Such a voter shall be deemed to have met this requirement.

(3) The voter's date of birth on the affidavit matches the date of birth recorded for the voter in MESA.

(4) The voter's Oklahoma driver license number as shown on the affidavit or the last four digits of the voter's Social Security number as shown on the affidavit match the information recorded for the voter in MESA. However, if the voter's original voter registration occurred prior to January 1, 2004, the registration predates any requirement to provide either an Oklahoma driver license number or the last four digits of the Social Security number and this requirement shall not apply.

(c) Political affiliation dispute. In the event a voter in the Primary or Runoff Primary Election casts a provisional ballot after disputing the political affiliation indicated in the Precinct Registry, the provisional ballot shall be counted only if evidence of a timely and valid change of political affiliation is found.

(d) Uniformed services voters. Uniformed services voters are those identified in Title 26 O.S., Sections 14-121 and 14-137. Provisional ballots cast by these voters shall be counted if they are cast in the correct precinct for the voter's residence address. [26:7-116.1; 26:14-121]

(e) Overseas voters. Overseas voters are those voters identified in Title 26 O.S., Sections 14-121 and 14-137. Provisional ballots cast by these voters shall be counted if they are cast in the correct precinct for the voter's residence address.

(f) School district or municipal assignment dispute. Voters listed in the Precinct Registry who disagree with their assignment to a particular school district or municipality may cast a provisional ballot for their preferred school district or municipality. Provisional ballots cast by these voters shall be counted only if evidence is found that the assignment indicated in the Precinct Registry is incorrect.

(g) Voter who disputes existing credit for absentee voting during in-person absentee voting. In-person absentee voters who have already received credit for voting by mail or on an earlier day of in-person absentee voting and who deny having voted may cast a provisional ballot. Their provisional ballot shall be counted only if evidence is found that the credit for absentee voting for this voter was recorded in error or that evidence is found indicating that the earlier absentee ballot was submitted by someone other than the voter.

Added at 22 Ok Reg 1884, eff 7-1-05 ; Amended at 23 Ok Reg 1290, eff 7-1-06 ; Amended at 28 Ok Reg 1167, eff 7-1-11 ; Amended at 30 Ok Reg 1672, eff 7-15-13

Disclaimer: These regulations may not be the most recent version. Oklahoma may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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