Oklahoma Administrative Code › Title 230 - State Election Board › Chapter 30 - Absentee Voting › Subchapter 19 - Counting the Ballots › Part 1 - COUNTING ABSENTEE BALLOTS ON ELECTION DAY › Section 230:30-19-4 - Procedure for counting absentee ballots on election day

Current through Vol. 41, No. 20, July 1, 2024
(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.