Okla. Admin. Code § 230:30-19-4

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

Section 230:30-19-4 - Procedure for counting absentee ballots on election day

(a) On election day at such time as the Secretary of the County Election Board may prescribe, the County Election Board shall meet to count absentee ballots. The following procedure shall be observed to count ballots received by mail or private delivery service.

(1) Outer envelopes first shall be removed and the affidavits examined as outlined in 230:30-11-2.

(2) The properly executed affidavit envelopes shall be opened by the County Election Board, and the ballot envelopes shall be removed as outlined in 230:30-11-3. [26:14-125(A)(1)]

(3) The unopened ballot envelopes shall be placed inside a ballot box. [26:14-125(A)(2)] The ballot box shall be shaken to mix the ballot envelopes. [26:14-125(A)(3)]

(4) The ballot envelopes shall be removed from the box. [26:14-125(A)(3)] The ballot envelopes shall be opened, and the ballots removed. [26:14-125(A)(3)] If an Oklahoma Voter Registration Application form has been enclosed by an inactive voter inside the ballot envelope, remove it and set it aside to be processed later. Proceed to the next step.

(5) The Secretary shall assign an employee of the County Election Board to each voting device or high-speed scanner to be used to count the absentee ballots. The County Election Board Chairman and Vice Chairman shall be present and shall observe the counting process.

(6) The person assigned to operate the voting device shall insert the absentee ballots one at a time into the voting device until all absentee ballots received have been counted. This procedure shall be repeated as necessary as additional absentee ballots are received until 7 p.m. The following factors shall be considered. Counties using high-speed scanners to count mail absentee ballots shall follow the specific instructions provided for operation of those machines to scan ballots and to resolve, if possible, any problems with ballots the scanner rejects.

(A) In no event shall fewer than 12 absentee ballots be counted at any one time, unless fewer than 12 ballots are received in total or after the first count is completed. [26:14-125(B)]

(B) If the voting device returns a ballot because of an over vote or other error made by the voter when marking the ballot, accept the ballot. See 230:35-5-162. [26:14-125(B)]

(C) In the event that a ballot is damaged or defaced, as outlined in 230:30-19-5(a), to the extent that it cannot be read and counted by the voting device, the procedure described in 230:30-19-5(b) shall be observed.

(7) In the event that the election results storage device in a voting device used during in-person absentee voting fails and results cannot be read into the tabulation computer, the backup memory device in the voting device shall be removed and read into the tabulation computer. If the backup memory device in the voting device cannot be accessed, an election night recount of all ballots cast on that voting device during in-person absentee voting shall be conducted as outlined in 230:35-3-85.1. If an election night recount of ballots cast during in-person absentee voting is required, the Secretary shall obtain the sealed ballot transfer cases containing voted absentee ballots from the Sheriff before beginning the recount procedure. [26:14-115.4(B)(7)]

(8) As soon as possible after 7 p.m. and after all absentee ballots received prior to 7 p.m. have been processed through the voting device, the election results storage device shall be removed from each voting device or high-speed scanner used to count mail and nursing home absentee ballots and the election results storage device or devices used during in-person absentee voting shall be returned by the Sheriff.

(9) These election results storage devices shall be given to the tabulation computer operator to be read and tabulated as soon as possible after 7 p.m. The tabulation computer operator shall print a Cumulative Report and a Precinct Report from Tally immediately after reading and tabulating the election results for in-person absentee voting and for mail and nursing home absentee ballots. One copy of each report shall be posted on the door of the County Election Board office and additional copies shall be made available to the news media and other interested persons as requested.

(10) The person assigned to operate the voting device shall open the main compartment of the ballot box, remove the ballots, and place them inside a ballot transfer case. The ballot transfer case shall be sealed with a long white State Election Board seal and the seal shall be signed by the person who operated the voting device and by the County Election Board members.

(b) Federal write-in absentee ballots submitted by uniformed services and overseas voters, ballots issued to uniformed services and overseas votersonline through the OMOBO system , and all regular absentee ballots issued to these voters by mail and returned by fax shall be counted by following the procedure described in 230:30-19-6.

Okla. Admin. Code § 230:30-19-4

Amended at 9 Ok Reg 2379, eff 7-1-92 ; Amended at 10 Ok Reg 61, eff 10-9-92 (emergency) ; Amended at 10 Ok Reg 2731, eff 7-1-93 ; Amended at 11 Ok Reg 307, eff 11-1-93 (emergency) ; Amended at 11 Ok Reg 1579, eff 6-1-94 ; Amended at 14 Ok Reg 2635, eff 7-1-97 ; Amended at 15 Ok Reg 2556, eff 7-1-98 ; Amended at 21 Ok Reg 3145, eff 7-22-04 (emergency) ; Amended at 22 Ok Reg 1869, eff 7-1-05 ; Amended at 30 Ok Reg 1656, eff 7-15-13

Amended by Oklahoma Register, Volume 36, Issue 24, September 3, 2019, eff. 9/16/2019