Current through Vol. 42, No. 1, September 16, 2024
(a) The
County Election Board members shall meet on Friday next following the election
at such time as the Secretary may prescribe to open the verified provisional
ballot affidavit envelopes and to count the provisional ballots. The Board
members shall follow these steps to remove the provisional ballots from the
envelopes.
(1) The Board members shall
receive the verified provisional ballot affidavits and ballot secrecy envelopes
from the Secretary or a designated County Election Board employee.
(2) The Board members shall separate the
affidavits from the ballot secrecy envelopes. If an affidavit indicates that
the voter received two or more ballots, but that not all the ballots enclosed
are to be counted, see (c) of this Section.
(A) Set the affidavit aside.
(B) Place the ballot secrecy envelope in an
appropriate container.
(3) When all the affidavits have been
separated from the ballot secrecy envelopes , the secrecy envelopes shall be
mixed together in the container.
(4) The Board members shall open the ballot
secrecy envelopes and remove the ballots.
(A)
Set the secrecy envelope aside.
(B)
Unfold the ballot and place it in the designated
container.
(b)
When all the verified provisional ballot secrecy envelopes have been opened,
the ballots shall be counted. The following procedure shall be observed.
(1) The Secretary shall assign a County
Election Board employee to count the provisional ballots using a voting device
designated and prepared for the purpose. The members of the County Election
Board shall observe the counting process.
(2) The employee assigned to count the
ballots shall take the following steps.
(A)
Insert the ballots, one at a time, into the device.
(B) After all the provisional ballots have
been counted, close the polls on the voting device and print the Detail and
Tally Report. An additional number of Detail and Tally Reports shall be printed
as instructed by the Secretary.
(3) The employee who counted the ballots and
the members of the County Election Board each shall sign all the copies of the
Detail and Tally Report.
(4) The
employee shall remove the counted provisional ballots and place them in a
ballot transfer case. One signed copy of the Detail and Tally Report shall also
be placed in the ballot transfer case. The ballot transfer case shall be sealed
with a short turquoise State Election Board seal signed by the County Election
Board members and the employee who counted the ballots. The Secretary shall
check the "Counted Provisional Ballots" box on the seal and shall indicate the
precinct numbers included in the ballot transfer case.
(5) The sealed ballot transfer case shall be
given to the Sheriff, who shall provide security for the counted ballots until
5 p.m. on Friday following the election or until the ballots are delivered to
the district courtroom for a recount.
(6) One copy of the provisional ballots
Detail and Tally Report shall be made available for inspection in the County
Election Board office after 1 p.m. on Friday following the election.
(c) If a provisional voter was
issued two or more ballots and, upon verification of the voter's information,
it is determined that one or more of the ballots cannot be counted, the County
Election Board members shall follow these steps when opening the affidavit
envelope.
(1) Open the ballot secrecy
envelope.
(2) Write "Count (BALLOT
TYPE OR CODE) ballot only" on the secrecy envelope in red ink.
(3) Place secrecy envelope in the container
with other secrecy envelopes.
(4)
When opening the ballot secrecy envelopes, remove from the marked envelopes
only the specific ballot or ballots to be counted. Put the ballots that cannot
be counted back in the secrecy envelope and set it aside with the other
uncounted provisional ballot materials.
Added at 22 Ok Reg 1884, eff 7-1-05 ; Amended at 23 Ok
Reg 80, eff 9-1-05 (emergency); Amended at 23 Ok Reg 1290, eff 7-1-06 ;
Amended at 25 Ok Reg 351, eff 11-5-07 (emergency); Amended at 25 Ok Reg 1921,
eff 7-1-08 ; Amended at 26 Ok Reg 2533, eff 7-15-09 ; Amended at 30 Ok Reg
1672, eff 7-15-13
