Okla. Admin. Code § 230:30-9-5

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

Section 230:30-9-5 - Processing applications from uniformed services and overseas voters

(a)Applications from uniformed services and overseas voters. Applications for absentee ballots received from uniformed services voters and overseas voters are processed differently than applications from other absentee voters. Uniformed services voters and overseas voters are not required to be registered to vote in the county in order to apply to vote by absentee ballot. However, when an application for absentee ballots is received from a person who is not a registered voter in the county, information from the Federal Post Card Application form will be used to register that person in the county provided that the applicant's residence address is located within the countyand contains all the required information in order to be registered. Provided, the application for a person not yet registered must meet the deadline to register for the next election pursuant to 26 O.S. Section 4-110.1. All applications received from uniformed services voters and overseas voters are considered to be applications for all elections in which the voter is eligible to vote, except as outlined in (c) of this Section. Applications from these voters shall be processed according to the procedures outlined in (b) of this Section.

(b)Applications received by mail, by fax, or by electronic mail. Uniformed services voters and overseas voters may submit applications for absentee ballots, usually the Federal Post Card Application (FPCA) form, to the County Election Board by mail, by fax, or by electronic mail. Upon receipt of an application for absentee ballots from a uniformed services or overseas voter, the Secretary of the County Election Board shall cause the application to be processed according to the following procedure.

(1) If the application was received by electronic mail, take these steps.

(A) Print a copy of the electronic mail message and a copy of the attached FPCA form.

(B) Reply to the electronic mail message to notify the voter that the application was received.

(2) Indicate on the application form the date on which it was received at the County Election Board office.

(3) Indicate on the application form whether it was received by mail, by fax, or by electronic mail.

(4) Enter the application information into MESA.

(A) If the voter's address is not located within the county, the application information shall not be entered. The printed application form shall be forwarded immediately to the correct County Election Board. The date the application was received in the first county shall be the received date for the application.

(B) If the voter's address is located within the county, but the voter is not currently registered in the county, follow the appropriate software instructions to enter the application information in MESA to create both a new voter registration record and an absentee ballot application record for this individual.

(C) If the voter's address is located within the county and the voter is a currently registered voter in the county, follow the appropriate software instructions to enter the application information in MESA to create an absentee ballot application record.

(5) If the voter provided an expiration date or stated anywhere on the FPCA that ballots are requested for only a specific election, enter the expiration date or specific election date in MESA. If the voter did not provide an expiration date or a specific election date, the system will default to the appropriate date that includes the next two federal general elections.

(6) Determine the voter's preferred method of receiving absentee ballots.

(A) If the voter ranks "Email/Online" or "Mail" as first choice, check the "Mail" or "Online" box in MESA.

(B) If a voter ranks "Fax" as first choice, look at the voter's second choice and check the appropriate box in MESA. (Oklahoma no longer delivers absentee ballots by fax to uniformed services and overseas voters.)

(7) Write on the application form the voter identification number assigned by MESA.

(8) If ballots are available, immediately follow the appropriate steps.

(A) If the voter prefers to receive absentee ballots by mail, prepare a uniformed services/overseas voter packet with the correct ballots for the voter and mail it.

(B) If the voter prefers to receive absentee ballots online, see 230:30-9-5.2.

(9) If the absentee ballot application information was used to create a new voter registration record for the voter, print a file copy of the absentee ballot application information from MESA. File the copy in the appropriate absentee application file. File the voter's original FPCA in the Central File. See 230:15-9-18(b).

(c)Validity of applications received from uniformed services and overseas voters. Applications for absentee ballots from uniformed services voters and overseas voters shall be considered valid through the next two federal General Elections as outlined in 230:30-5-8.2, unless the voter indicates that the request is for a specific election date or an earlier expiration date on the FPCA form. If ballots mailed to a uniformed services or overseas voter's address are returned undelivered to the County Election Board, the County Election Board Secretary shall be authorized to consider the application invalid and shall be authorized to delete the application from MESA. The Secretary shall indicate on the outside of the returned absentee ballot outer envelope that the voter's absentee ballot application has been cancelled as a result of the returned, undelivered ballots. The returned envelope shall be retained for 24 months.

(d)Updating existing FPCA. Upon receipt of an FPCA or other communication from a uniformed services voter or an overseas voter that includes an electronic mail address to be used for absentee voting purposes, the Secretary shall determine whether the voter has a currently valid application on file. If so, the Secretary shall update the voter's application information in MESA and shall remove the existing application form from the file and replace it with the newly received form. [26:14-118(B)] The Secretary shall note on the removed form the reason for the removal and shall retain it for 24 months.

Okla. Admin. Code § 230:30-9-5

Amended at 13 Ok Reg 3175, eff 6-18-96 (emergency); Amended at 14 Ok Reg 2635, eff 7-1-97; Amended at 21 Ok Reg 550, eff 2-3-04 (emergency); 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 28 Ok Reg 1154, eff 7-1-11

Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

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