Current through Vol. 42, No. 1, September 16, 2024
(a) A voter who
comes to the polling place but who cannot come inside to vote because of a
physical disability or infirmity is entitled to vote outside the polling place
assisted by two Precinct Officials. [26:7-123.1] If the voter is only visually
disabled, this procedure does not apply. [26:7-123.1]
(b) Precinct Officials use this procedure
when they learn that a physically disabled or infirm voter is outside wanting
to vote. Before going outside to help the voter, the Precinct Officials must
stop processing voters inside the polling place.
(1) The Inspector tells the Judge to stop
allowing voters to sign the Precinct Registry.
(2) After all the voters who already have
signed the Precinct Registry finish voting, the Inspector and one of the other
Precinct Officials go outside to help the voter. The Inspector and the other
Precinct Official must be registered to vote in different political
parties.
(3) The Inspector and the
other Precinct Official take these items outside with them to assist the voter.
(A) Precinct Registry
(B) Ballots
(C) Secrecy folder
(D)
Precinct Official Notebook
(E) Oklahoma Voter Registration Application
form
(F) Address Information
Requested handout
(4)
The Precinct Official who stays inside the polling place does not allow any
voters to sign the Precinct Registry or receive ballots while the Inspector and
the other Precinct Official are outside.
(c) The Inspector and the other Precinct
Official follow this procedure when they go outside to help the voter.
(1) The Inspector reads this oath to the
voter: "Do you swear or affirm that you cannot enter the polling place to cast
your ballot today because of a physical disability or infirmity? Do you further
swear or affirm that the disability or infirmity is not a visual
disability?"
(2) The other Precinct
Official finds the voter's name in the Precinct Registry, asks to see the
voter's proof of identity, and places a checkmark in the ID box beside the
voter's name. The voter signs the Precinct Registry if able to do so. If the
voter cannot sign the Precinct Registry, the other Precinct Official prints the
voter's name in the Precinct Registry and writes his own initials beside the
voter's printed name.
(3) If the
Precinct Registry contains either the "Confirm Address" or "Insufficient
Address" message, give the voter the Address Information Requested handout and
the Oklahoma Voter Registration Application form. See
230:35-5-113.1.
(4) If the voter can mark the ballot without
assistance, the Precinct Officials allow the voter to do so. The Precinct
Officials allow the voter as much privacy as possible to mark the ballot in
secret. The voter puts the ballot in the secrecy folder.
(5) If the voter cannot mark the ballot, the
voter chooses an assistant. The voter's assistant may be the other Precinct
Official or any other person the voter wants. However, the Inspector cannot be
the voter's assistant.
(6) The
Inspector reads this oath to the voter's assistant. "Do you swear or affirm
that you are not the voter's employer or an agent of the voter's employer?
[26:7-123.3] Do you swear or affirm that you are not an officer or agent of the
voter's union? [26:7-123.3] Do you swear or affirm that you will mark the
voter's ballot or help the voter mark the ballot according to the voter's
wishes?" [26:7-123.3]
(7) The
voter's assistant marks the voter's ballot as the voter instructs. The Precinct
Officials allow the voter and the voter's assistant as much privacy as possible
to mark the ballot in secret. The voter's assistant puts the ballot in the
secrecy folder.
(8) The Inspector
prints the names of the voter and the voter's assistant on the Voter Assistance
Form and puts a check mark in the "Physically Disabled Voter (Other Than
Visual) Who Cannot Enter Polling Place" column.
(9) If the voter marked his or her own
ballot, the other Precinct Official signs the Voter Assistance Form. If the
voter did not mark his or her own ballot, the voter's assistant and the other
Precinct Official shall sign the Voter Assistance Form. If the other Precinct
Official served as the voter's assistant, he or she shall sign the Voter
Assistance Form only in the column labeled "Precinct Official Who Takes Ballots
Outside Polling Place." The Inspector signs the Voter Assistance Form in the
space provided at the bottom of the form.
(10) The Precinct Officials go back inside
the polling place. The Inspector, using the secrecy folder and with the other
two Precinct Officials watching, immediately puts the ballot in the voting
device.
(11) Return to the routine
procedure.
Amended at 11 Ok Reg 315, eff 11-1-93 (emergency);
Amended at 11 Ok Reg 1587, eff 6-1-94 ; Amended at 14 Ok Reg 2631, eff 7-1-97 ;
Amended at 15 Ok Reg 2571, 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 24 Ok Reg
1497, eff 7-1-07 ; Amended at 30 Ok Reg 1672, eff
7-15-13
