Oklahoma Administrative Code
Title 230 - State Election Board
Chapter 35 - Election Conduct
Subchapter 5 - Instructions for Precinct Officials
Part 11 - PROCESSING THE VOTER
Section 230:35-5-55 - Routine for Judge

Universal Citation: OK Admin Code 230:35-5-55

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

(a) The Judge follows these routine steps to process voters. Refer to the Judge's section of the Election Day Reference and Problem Solver in the Precinct Official Notebook for instructions in non-routine situations.

(1) Greet the voter and ask the voter's name. If this is a Primary or Runoff Primary, also ask the voter's political party.

(2) Ask to see the voter's proof of identity.
(A) The voter may present any one of the following documents as proof of identity:
(i) An Oklahoma driver license

(ii) A voter identification card issued by the County Election Board

(iii) A temporary voter identification document issued by the County Election Board

(iv) A state identification card

(v) A United States passport

(vi) A United States military identification, including retired military identifications

(vii) Any other such document issued by the state of Oklahoma, the United States government, or a federally recognized tribal government which includes the person's name, a photograph of the person, and, if the document has an expiration date, that expiration date is later than election day. A document that does not bear an expiration date, and is therefore valid indefinitely, shall be valid proof of identity.

(B) Use the voter's proof of identity document to find the voter's name in the Precinct Registry. The person's name on the proof of identity must substantially conform to the name listed in the Precinct Registry.

(C) If the voter does not provide proof of identity, the voter must be offered the opportunity to vote by provisional ballot. The provisional ballot affidavit, once verified by the County Election Board after election day, shall be valid proof of identity.

(3) If there is a message printed in the "Signature of Voter" column, follow the instructions in 230:35-5-113 or 230:35-5-113.1.

(4) Tell the voter to sign the Precinct Registry. [26:7-114; 26:7-117]

(5) Carefully check the following information in the Precinct Registry to determine the ballots the voter is eligible to receive.
(A) For a Primary Election, check the political affiliation listed in the Precinct Registry.
(i) Persons registered with a specific political party affiliation are allowed to receive only the Primary or Runoff Primary ballot for that party.

(ii) Persons registered as Independent (or "no party") voters may be eligible to choose a party ballot if the party has allowed Independent voters to vote in its primary elections. Tell Independent voters to read the Information for Independent Voters card, if applicable.

(B) If this is a school district, technology center district, or municipal election, look in the "School," "TC," and "Muni" columns. A voter is eligible to receive ballots for the entities listed in these columns.

(6) Refer to the Ballot Codes List provided by the County Election Board and write the code for each ballot the voter will receive in the "Ballots Issued" column of the Precinct Registry.

(7) Tell the Clerk which ballots the voter is eligible to receive.

(b) If the voter's name is not in the Precinct Registry, if the voter does not have or refuses to provide proof of identity, or if the voter disputes the political affiliation or district information listed in the Precinct Registry, the voter is entitled by both state and federal law to cast a provisional ballot. Refer the voter to the Inspector or to the Provisional Voting Officer. See 230:35-5-171. If a voter who is eligible to cast a provisional ballot refuses the offer of the provisional ballot and leaves the polling place without voting, record the incident on the Provisional Ballot Refusal form.

Amended at 8 Ok Reg 3635, eff 10-3-91 (emergency); Amended at 9 Ok Reg 2387, eff 7-1-92 ; Amended at 15 Ok Reg 2567, eff 7-1-98 ; Amended at 16 Ok Reg 853, eff 1-29-99 (emergency); Amended at 16 Ok Reg 2427, eff 7-1-99 ; Amended at 17 Ok Reg 2351, eff 7-1-00 ; Amended at 22 Ok Reg 1884, eff 7-1-05 ; Amended at 28 Ok Reg 1167, eff 7-1-11

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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