Okla. Admin. Code § 230:35-5-127

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

Section 230:35-5-127 - Spoiled ballots

(a) Before spoiling a ballot returned by the voting device, the Inspector must follow the instructions in the Election Day Reference and Problem Solver to determine whether the ballot has been counted. The reason the ballot was returned by the device will be displayed on the screen and an error code will appear in the lower right corner while the ballot remains in the throat of the voting device. Do not remove the ballot before noting both the on-screen message and the error code. If it has not been counted, spoil the ballot and tell the Clerk to issue a new ballot to the voter.

(b) When a ballot is spoiled, the Clerk follows this procedure.

(1) Ask the voter to fold the spoiled ballotin half. If more than one ballot was issued to the voter, tell the voter to put all correctly marked ballots in the voting device.

(2) Take the folded, spoiled ballot from the voter, tear it into small pieces, and put the pieces inside the bag labeled Spoiled and Discarded Ballots.

(3) Write the ballot code in the "Ballot Spoiled" column beside the voter's signature.

(4) Tell the voter to read the oath printed on the Spoiled Ballot Affidavit and to sign the form.

(5) Issue a new ballot to replace the spoiled ballot. [26:7-122]

(6) Tell the voter to go back to the voting booth, mark the new ballot and put the new ballot in the voting device.

Okla. Admin. Code § 230:35-5-127

Amended at 8 Ok Reg 3635, eff 10-3-91 (emergency) ; Amended at 9 Ok Reg 2387, eff 7-1-92 ; Amended at 11 Ok Reg 315, eff 11-1-93 (emergency) ; Amended at 11 Ok Reg 1587, eff 6-1-94 ; Amended at 15 Ok Reg 2571, eff 7-1-98 ; Amended at 30 Ok Reg 1672, eff 7-15-13

Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

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