Okla. Admin. Code § 230:30-13-3

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

Section 230:30-13-3 - Rules for counting federal write-in absentee ballots

Federal write-in absentee ballots shall be counted as outlined in 230:30-19-6. The following rules also shall apply:

(1) Before a federal write-in absentee ballot is counted, the Secretary of the County Election Board shall verify that regular absentee ballots have not been received from the voter. See 230:30-13-2(4).

(2) A federal write-in absentee ballot may be counted only for statewide and federal offices in Primary, Runoff Primary, Presidential Preferential Primary, and General Elections. The following are the statewide offices that may appear on the federal write-in absentee ballot: Governor; Lieutenant Governor; State Auditor and Inspector; Attorney General; State Treasurer; State Superintendent of Public Instruction; Commissioner of Labor; Insurance Commissioner; Corporation Commissioner. The following are the federal offices that may appear on the federal write-in absentee ballot: President, Vice President, United States Senator and United States Representatives.

(3) On a federal write-in absentee ballot submitted for the Primary, Runoff Primary, or Presidential Preferential Primary Election, the voter may designate a candidate by writing the name of a candidate. On a federal write-in absentee ballot submitted for the General Election, the voter may write either the name of a candidate or the name of a political party. If the voter has written the name of a political party the ballot shall be counted for all the candidates of that party in the General Election.

(4) In the case of the offices of President and Vice President, a vote for a named candidate or a vote by writing the name of a political party shall be counted as a vote for the electors supporting the candidate involved.

(5) Any abbreviation, misspelling or other minor variation in the form of the name of a candidate or a political party shall be disregarded in determining the validity of the ballot, so long as the intention of the voter can be ascertained.

(6) In the event that the voter's intent cannot be determined, the federal write-in absentee ballot shall not be counted for the office or offices in question.

Okla. Admin. Code § 230:30-13-3

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 22 Ok Reg 1869, eff 7-1-05; Amended at 28 Ok Reg 120, eff 10-12-10 (emergency); Amended at 28 Ok Reg 1154, eff 7-1-11