Okla. Admin. Code § 230:30-9-6

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

Section 230:30-9-6 - Processing requests from emergency incapacitated voters

(a)Requirements for requests. The request for absentee ballots from an emergency incapacitated voter shall be in writing and shall be signed by the voter, or signed by a witness at the voter's direction, if the voter is unable to sign. [26:14-115.1] The request must be accompanied by a sworn statement by a duly licensed physician. [26:14-115.1] The statement must attest to the fact that the voter is unable to vote in person at his or her precinct on the day of the election because of a physical disability, which may include confinement for childbirth, and that the voter became incapacitated after the deadline to request an absentee ballot as provided in 26 O.S. Section 14-103. [26:14-115.1]

(b)Form may be used. The Request for Emergency Incapacitated Absentee Ballot and Sworn Statement by Physician form may be used to make the request for ballots. However, use of this form is not required.

(c)Voter's agent. An emergency incapacitated voter may designate an agent to represent him or her for purposes of absentee voting. The agent may be anyone of the voter's choosing at least 16 years of age, provided that person is not employed by nor related within the third degree by consanguinity or affinity to any person whose name appears on the ballot. The voter's agent must transmit the request to the Secretary of the County Election Board.

(d)Person may be agent for only one voter. No person may be the agent for more than one voter at any election.

(e)Processing the request. Upon receipt of the voter's request and accompanying sworn statement, the application information shall be entered into MESA. See 230:30-9-3. If the voter is an inactive voter, give the voter's agent an Oklahoma Voter Registration Application form and an Absentee Voter Address Information Requested sheet.

(f)Issuing ballots and materials. The Secretary shall indicate on the application form the ballots that shall be issued to the voter. The Secretary then shall issue to the voter's agent the appropriate ballots and a pink incapacitated voter packet.

(g)Returning ballots. The voter's agent must return the ballots, sealed in the appropriate envelopes, to the Secretary of the County Election Board no later than 7 p.m. on the day of the election. Upon receipt of the ballots, the Secretary shall record the date in the voter's application information in MESA. If the voter is inactive, the voter's agent may return the completed Oklahoma Voter Registration Application form with the voted ballots or the voter may mail the form at a later time.

Okla. Admin. Code § 230:30-9-6

Amended at 8 Ok Reg 3635, eff 10-3-91 (emergency); Amended at 9 Ok Reg 2379, eff 7-1-92; Amended at 14 Ok Reg 2635, eff 7-1-97; Amended at 15 Ok Reg 2556, eff 7-1-98; Amended at 23 Ok Reg 1285, eff 7-1-06; 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