Okla. Admin. Code § 230:30-7-9

Current through Vol. 42, No. 8, January 2, 2025

Section 230:30-7-9 - Procedure for the nursing home Absentee Voting Board

(a) On the day scheduled for the Absentee Voting Board to visit nursing homes and veteran centers, the Board shall meet with the Secretary of the County Election Board at the County Election Board office. The members shall sign the Absentee Voting Board Record. The ballot box shall be prepared as outlined in 230:30-7-8 and issued to the nursing home Absentee Voting Board members. Adequate supplies and ballots shall be provided to anticipate voter assistance requirements and spoiled ballots. Precautions shall be taken to insure accounting for each ballot. The Secretary shall instruct the Absentee Voting Board as to the type of ballots each voter shall receive in case a voter spoils a ballot and a new ballot must be issued.

(b) The Absentee Voting Board shall observe the following procedure:

(1) The two members of the Absentee Voting Board shall travel together in one automobile, taking all necessary forms and supplies.

(2) Upon arrival at a nursing home or veteran center, the Absentee Voting Board shall make arrangements for those incapacitated voters listed on the Absentee Voting Board Record to vote. Only those persons whose names are on the Absentee Voting Board Record shall be permitted to vote. If the message "Confirm Address" or "Insufficient Address" appears on the Absentee Voting Board Record, the Absentee Voting Board members shall give the voter a copy of the Address Information Requested handout and shall ask the voter to complete an Oklahoma Voter Registration Application form.

(3) The voter must mark his ballots with a black or blue ballpoint pen in the presence of the Absentee Voting Board, but in such a manner as to make it impossible for anyone but the voter to tell how the ballots are marked. [26:14-115(3)]

(4) As far as possible, the voting procedure shall be the same as if the voter were casting a ballot in person at a precinctpolling place on election day. [26:14-115(3)] This includes providing privacy and offering assistance, as provided by law, to persons who are unable to mark their own ballots due to physical or visual disabilities or illiteracy. The voter assistance procedures outlined in the Election Day Reference and Problem Solver section of the Precinct Official Notebook shall be followed. However, the Voter Assistance Form shall not be used. The person who marks the voter's ballot shall complete and sign the "Assistant's Oath" on the absentee affidavit envelope. [26:14-113.2]

(5) While a voter may receive assistance, only the voter may determine how the ballots are to be marked. If the voter is unable to instruct the person providing assistance, the voter shall not be permitted to vote. If necessary, the voter also may receive assistance to complete the Oklahoma Voter Registration Application.

(6) The procedure outlined in the Election Day Reference and Problem Solver section of the Precinct Official Notebook shall be followed if a voter spoils a ballot. The Spoiled Ballot Affidavit shall be used as required.

(7) When the voter has marked the ballots, the voter shall fold and seal them in the white ballots envelope. [26:14-115(4)] The voter then shall seal the white ballots envelope inside the pink affidavit envelope. [26:14-115(4)]

(8) The voter then shall complete and sign the affidavit. [26:14-115(4)] The voter's signature must be witnessed by both members of the Absentee Voting Board. [26:14-115(4)] The Absentee Voting Board members shall sign the affidavit in the space for witnesses but shall not be required to provide their addresses.

(9) The affidavit envelope then shall be placed in the outer envelope and sealed. [26:14-115(5)]

(10) Each outer envelope containing absentee ballots immediately shall be placed in the absentee ballot box.

(11) If a voter listed on the Absentee Voting Board Record is present, a member of the Absentee Voting Board shall check either the "Voted" column or the "Did Not Vote" column, as appropriate. If the voter is not present at the time of the Absentee Voting Board visit or moved back home at to another nursing home, check "Undeliverable." If the voter has died, check "Undeliverable" and follow the instructions in (c) of this section.

(12) All Oklahoma Voter Registration Application forms completed by voters to update their voter registration information shall be placed with other voting supplies for return to the County Election Board office.

(13) When the Absentee Voting Board has completed its visit to each nursing home or veteran center scheduled for that particular day, the members shall return to the County Election Board office and leave the ballot box in the custody of the Secretary. [26:14-115(5)] The Absentee Voting Board members shall account for all supplies and unused ballots. The ballot box shall be removed from the County Election Board office only when the Absentee Voting Board is performing its duties. The ballot box, once locked, shall not be unlocked again until it is time for the County Election Board members to remove the outer envelopes. See 230:30-11-2.

(c) In the event that members of the nursing home Absentee Voting Board learn that a nursing home voter listed on the Absentee Voting Board Record has died, the Absentee Voting Board members shall ask the nursing home administrator to fill out and sign a Request to Cancel Registration of Deceased Voter forms. One member of the Absentee Voting Board may witness the administrator's signature, or the administrator may sign the form in the presence of a Notary Public. The Absentee Voting Board shall return the signed form to the County Election Board Secretary along with the ballot box and supplies when their duties are concluded.

Okla. Admin. Code § 230:30-7-9

Amended at 8 Ok Reg 3635, eff 10-3-91 (emergency) ; Amended at 9 Ok Reg 2379, eff 7-1-92 ; Amended at 11 Ok Reg 307, eff 11-1-93 (emergency) ; Amended at 11 Ok Reg 1579, eff 6-1-94 ; Amended at 15 Ok Reg 2556, eff 7-1-98 ; Amended at 16 Ok Reg 2421, eff 7-1-99 ; Amended at 18 Ok Reg 1871, eff 7-1-01 ; Amended at 20 Ok Reg 477, eff 1-2-03 (emergency) ; Amended at 20 Ok Reg 1097, eff 7-1-03 ; Amended at 22 Ok Reg 1869, eff 7-1-05 ; Amended at 27 Ok Reg 598, eff 1-1-10 (emergency) ; Amended at 27 Ok Reg 1133, eff 6-1-10 ; 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