Okla. Admin. Code § 230:30-13-2

Current through Vol. 41, No. 19, June 17, 2024

Section 230:30-13-2 - Receiving and processing federal write-in absentee ballots

Upon receipt of a federal write-in absentee ballot, the Secretary shall indicate the received date on the front of the envelope and then shall place the envelope in the absentee ballot box. When the County Election Board meets to open outer envelopes and examine affidavits as described in 230:30-11-2, the Secretary also shall take the following steps.

(1) After opening the outer envelope, attach the Voter's Declaration/Affirmation form to the secrecy envelope with a paper clip.

(2) Determine whether the voter is a uniformed services voter or an overseas voter by examining the Voter's Declaration/Affirmation form.

(A) If the ballot is from an overseas voter, verify that the voter is located outside the United States by examining the information in item 4a "My Current Address (Where I live now)." This address should be located outside the United States. If this address is located within the United States and the voter is an overseas voter, the federal write-in absentee ballot cannot be counted.

(B) If the ballot is from a uniformed services voter, the ballot can be counted even if it was submitted from an address located within the United States.

(3) Examine item 3 "My Voting Residence Address" to determine the voter's correct precinct. Note the precinct number on the Voter's Declaration/Affirmation.

(4) Check the absentee information in MESA to determine whether the voter submitted an application for regular mail absentee ballots.

(A) If the voter submitted an application for regular mail absentee ballots, determine whether those ballots have been received.

(i) If the voter's regular absentee ballots have been received, the federal write-in absentee ballot shall not be counted. Note the reason the ballot cannot be counted on the Voter's Declaration/Affirmation and set it and the unopened secrecy envelope aside in a secure place.

(ii) If the voter's regular absentee ballots have not been received by 7 p.m. on election day, the federal write-in absentee ballot shall be counted.

(B) If the voter did not submit an application for regular mail absentee ballots, enter in MESA the information from the voter's affirmation as if it were a Federal Post Card Application. See 230:30-9-5. The federal write-in absentee ballot shall be counted.

(5) A covered voter may use the declaration accompanying a federal write-in absentee ballot as an application for a military-overseas ballot simultaneously with the submission of the federal write-in absentee ballot, if the declaration is received pursuant to the provisions of 26 O.S. Section 14-103. The covered voter must inform the appropriate election official that the voter is a covered voter by one of the methods set forth in 26 O.S. Section 14-142(E).

(6) In the event that a voter's federal write-in absentee ballot cannot be counted, the Secretary shall notify the voter in writing of the reason the ballot was rejected.

(7) If a federal write-in absentee ballot is counted for a voter who had previously applied for regular absentee ballots, enter the date the federal write-in absentee ballot was received in the voter's absentee information in MESA.

(8) Follow the instructions in 230:30-19-6 to count a federal write-in absentee ballot.

Okla. Admin. Code § 230:30-13-2

Amended at 10 Ok Reg 61, eff 10-9-92 (emergency); Amended at 10 Ok Reg 2731, eff 7-1-93; Amended at 13 Ok Reg 563, eff 11-22-95 (emergency); Amended at 13 Ok Reg 2479, eff 7-1-96; Amended at 25 Ok Reg 348, eff 11-5-07 (emergency); Amended at 25 Ok Reg 1918, eff 7-1-08; Amended at 27 Ok Reg 598, eff 1-1-10 (emergency); Amended at 27 Ok Reg 1133, eff 6-1-10; Amended at 28 Ok Reg 120, eff 10-12-10 (emergency); Amended at 28 Ok Reg 1154, eff 7-1-11

Amended by Oklahoma Register, Volume 40, Issue 19, July 3, 2023, eff. 8/11/2023