Okla. Admin. Code § 230:35-5-119

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

Section 230:35-5-119 - Assistance outside the polling place for physically disabled or infirm voter

(a) A voter who comes to the polling place but who cannot come inside to vote because of a physical disability or infirmity is entitled to vote outside the polling place assisted by two Precinct Officials. [26:7-123.1] If the voter is only visually disabled, this procedure does not apply. [26:7-123.1]

(b) Precinct Officials use this procedure when they learn that a physically disabled or infirm voter is outside wanting to vote. Before going outside to help the voter, the Precinct Officials must stop processing voters inside the polling place.

(1) The Inspector tells the Judge to stop allowing voters to sign the Precinct Registry.

(2) After all the voters who already have signed the Precinct Registry finish voting, the Inspector and one of the other Precinct Officials go outside to help the voter. The Inspector and the other Precinct Official must be registered to vote in different political parties.

(3) The Inspector and the other Precinct Official take these items outside with them to assist the voter.

(A) Precinct Registry

(B) Ballots

(C) Secrecy folder

(D)

Precinct Official Notebook

(E) Oklahoma Voter Registration Application form

(F) Address Information Requested handout

(4) The Precinct Official who stays inside the polling place does not allow any voters to sign the Precinct Registry or receive ballots while the Inspector and the other Precinct Official are outside.

(c) The Inspector and the other Precinct Official follow this procedure when they go outside to help the voter.

(1) The Inspector reads this oath to the voter: "Do you swear or affirm that you cannot enter the polling place to cast your ballot today because of a physical disability or infirmity? Do you further swear or affirm that the disability or infirmity is not a visual disability?"

(2) The other Precinct Official finds the voter's name in the Precinct Registry, asks to see the voter's proof of identity, and places a checkmark in the ID box beside the voter's name. The voter signs the Precinct Registry if able to do so. If the voter cannot sign the Precinct Registry, the other Precinct Official prints the voter's name in the Precinct Registry and writes his own initials beside the voter's printed name.

(3) If the Precinct Registry contains either the "Confirm Address" or "Insufficient Address" message, give the voter the Address Information Requested handout and the Oklahoma Voter Registration Application form. See 230:35-5-113.1.

(4) If the voter can mark the ballot without assistance, the Precinct Officials allow the voter to do so. The Precinct Officials allow the voter as much privacy as possible to mark the ballot in secret. The voter puts the ballot in the secrecy folder.

(5) If the voter cannot mark the ballot, the voter chooses an assistant. The voter's assistant may be the other Precinct Official or any other person the voter wants. However, the Inspector cannot be the voter's assistant.

(6) The Inspector reads this oath to the voter's assistant. "Do you swear or affirm that you are not the voter's employer or an agent of the voter's employer? [26:7-123.3] Do you swear or affirm that you are not an officer or agent of the voter's union? [26:7-123.3] Do you swear or affirm that you will mark the voter's ballot or help the voter mark the ballot according to the voter's wishes?" [26:7-123.3]

(7) The voter's assistant marks the voter's ballot as the voter instructs. The Precinct Officials allow the voter and the voter's assistant as much privacy as possible to mark the ballot in secret. The voter's assistant puts the ballot in the secrecy folder.

(8) The Inspector prints the names of the voter and the voter's assistant on the Voter Assistance Form and puts a check mark in the "Physically Disabled Voter (Other Than Visual) Who Cannot Enter Polling Place" column.

(9) If the voter marked his or her own ballot, the other Precinct Official signs the Voter Assistance Form. If the voter did not mark his or her own ballot, the voter's assistant and the other Precinct Official shall sign the Voter Assistance Form. If the other Precinct Official served as the voter's assistant, he or she shall sign the Voter Assistance Form only in the column labeled "Precinct Official Who Takes Ballots Outside Polling Place." The Inspector signs the Voter Assistance Form in the space provided at the bottom of the form.

(10) The Precinct Officials go back inside the polling place. The Inspector, using the secrecy folder and with the other two Precinct Officials watching, immediately puts the ballot in the voting device.

(11) Return to the routine procedure.

Okla. Admin. Code § 230:35-5-119

Amended at 11 Ok Reg 315, eff 11-1-93 (emergency) ; Amended at 11 Ok Reg 1587, eff 6-1-94 ; Amended at 14 Ok Reg 2631, eff 7-1-97 ; Amended at 15 Ok Reg 2571, eff 7-1-98 ; Amended at 16 Ok Reg 853, eff 1-29-99 (emergency) ; Amended at 16 Ok Reg 2427, eff 7-1-99 ; Amended at 24 Ok Reg 1497, eff 7-1-07 ; Amended at 30 Ok Reg 1672, eff 7-15-13