Oklahoma Administrative Code › Title 230 - State Election Board › Chapter 45 - Contests of Election › Subchapter 3 - Recounts › Part 9 - RECOUNTS WITH ELECTRONIC VOTING DEVICES › Section 230:45-3-53 - Instructions for electronic recount

Current through Vol. 41, No. 20, July 1, 2024
(a)
Preparing to count.
When the
				  Judge rules that the ballots have been properly preserved and that the recount
				  can be performed, the Secretary shall break the seal on each ballot transfer
				  box from the first precinct to be recounted. In the event that a ballot
				  transfer box contains ballots from more than one entity, the Secretary shall
				  assign each opened ballot transfer case to a County Election Board employee or
				  to a Precinct Official to sort and separate the ballots containing the race or
				  question to be recounted. All other ballots for that precinct shall be replaced
				  in the ballot transfer box. Ballots from a large precinct may be divided
				  between two or more voting devices if necessary to speed the recount process.
				  The Secretary shall break the seal on the ballot transfer box for the next
				  precinct to be recounted as soon as all the ballots from the first precinct
				  have been sorted and shall assign the opened transfer case to a County Election
				  Board employee or a Precinct Official to sort and separate the ballots
				  containing the race or question to be recounted. This process shall be repeated
				  as necessary until all the ballots to be recounted have been sorted and
				  separated for counting.
(b)
Counting the ballots.
After the preparations described in (a) of
				  this Section have been completed, the Secretary shall transfer the ballots to
				  the person assigned to operate the voting device to begin processing the
				  ballots one at a time through the voting device. If the voting device returns a
				  ballot, the operator shall accept the ballot and continue. See
				  230:35-5-162. A Watcher may
				  object in writing to actions taken by the person operating the voting device.
				  After all the ballots for the first precinct have been processed through the
				  voting device, the person operating the voting device shall close the polls on
				  the device and shall remove the election results storage medium from the voting
				  device, verify the storage medium is properly labeled for the precinct just
				  recounted, and secure the storage medium. The operator shall remove the
				  recounted ballots from the ballot box and replace them in the original ballot
				  transfer case for that precinct. The ballots shall be secured as described in
				  (d) of this section. The operator then shall accept ballots for the next
				  precinct from the Secretary and shall prepare the voting device to count that
				  precinct. When the device is ready, the operator shall begin processing the
				  ballots.
(c)
Concluding the
				  recount.
When all the ballots for all precincts included in the recount
				  have been recounted, the operator of each voting device used shall ensure that
				  all ballots have been removed from the ballot box of each voting device used.
				  The County Election Board meeting shall be recessed and the members and
				  employees of the County Election Board immediately shall return to the County
				  Election Board office to update the election results and print Official
				  Certification Reports, and then to certify the results of the recounted race or
				  question.
(d)
Securing the
				  ballots.
After all the ballots containing the race or question being
				  recounted have been scanned , the ballots shall be replaced in the original
				  ballot transfer box or boxes for that precinct. The County Election Board
				  members and the operator each shall sign a short turquoise State Election Board
				  seal. The members of the County Election Board, including the Secretary, shall
				  sign the seal. The Secretary shall check the "Other" box on the seal and shall
				  indicate in the space provided that the box was resealed after a recount. The
				  ballots shall be returned to the County Election Board office to be stored with
				  other election materials as required by law. However, if any ballots will be
				  involved in another recount at a later time, the ballot transfer box or boxes
				  containing those ballots shall be returned to the custody of the County Sheriff
				  until time for the next recount to begin.
Added at 10 Ok Reg 2751, eff 7-1-93 ; Amended at 11 Ok
						Reg 321, eff 11-1-93 (emergency) ; Amended at 11 Ok Reg 1593, eff 6-1-94 ;
						Amended at 30 Ok Reg 1722, eff 7-15-13