Okla. Admin. Code § 230:35-5-177

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

Section 230:35-5-177 - Provisional voting procedure

The Inspector or the Provisional Voting Officer greets the voter and follows these steps to help the voter cast a provisional ballot.

(1) Take the Provisional Ballot Voucher from the voter. If the voter did not receive a Provisional Ballot Voucher from the Judge, send the voter to the Judge for a Provisional Ballot Voucher.

(2) Give the voter a copy of the Provisional Voting Information handout.

(3) Tell the voter that if County Election Board personnel cannot verify the voter's registration in this precinct, the provisional ballot will not be counted.

(4) Give the voter an Oklahoma Voter Registration Application form and ask the voter to fill it out and sign it. A voter is not required to complete the registration application to receive a provisional ballot but should be encouraged to do so. Tell the voter that filling out and turning in a new voter registration application may prevent the need to vote by provisional ballot in future elections. If the voter completes the application, set it aside in a secure place.

(5) Use a Checklist for Provisional Voting Officer and fill out an Oklahoma Provisional Ballot Affidavit form for the voter.

(A) Write the county name, election date, and precinct number in the spaces provided at the top of the affidavit.

(B) Write the voter's name and residence address on the affidavit exactly as they appear on the Provisional Ballot Voucher.

(C) Copy the Ballot Codes indicated on the Provisional Ballot Voucher to the spaces provided at the bottom of the Affidavit in the shaded area labeled "PVO Use Only."

(D) Ask the voter for the following information and write it on the affidavit in the appropriate spaces:

(i) Date of birth

(ii) Oklahoma driver license number, if available

(iii) Last four digits of Social Security number

(iv) Check the box only if the voter does not have an Oklahoma driver license and claims not to have been issued a Social Security number.

(E) Place a checkmark beside the appropriate statement of the reason the voter is casting a provisional ballot. Note the following special instructions for some of the listed reasons.

(i)Proof of identity. If the voter does not have or refuses to provide proof of identity or if the voter's current name on an otherwise valid proof of identity document does not substantially conform to the name in the Precinct Registry, ask the voter to read and respond to each statement and to provide the correct information in the shaded area on the affidavit labeled "Completed By Voter. " If the voter provides a name or residence address that is different from the name or address in the Precinct Registry, the voter must complete an Oklahoma Voter Registration Application form and turn it in with the completed affidavit.

(ii)Voter Not in Precinct Registry. If the voter offers any information about where and when he or she may have registered, last voted, or another name under which he or she may be registered, record the information in the spaces provided. If the voter has a voter identification card, take it and attach it with a paperclip to the voter registration application form. Ask the voter to complete and turn in a new Oklahoma Voter Registration Application form.

(iii)Voter disputes political affiliation indicated in Precinct Registry. Write the political affiliation claimed by the voter in the space provided.

(iv)Voter disputes school district or municipal assignment in Precinct Registry. Write the name of the school district or municipality in which the voter claims to reside.

(v)Uniformed services or overseas voter. Check the appropriate box to indicate the voter is a recently returned uniformed services or overseas voter.

(vi)Voter who disputes credit for absentee voting. Check this reason only during in-person absentee voting if a voter who has already received credit for voting by absentee ballot in this election denies having voted in this election.

(F) Record the ballot codes indicated on the voter's Provisional Ballot Voucher in the spaces provided on the Affidavit.

(6) Ask the voter to review the information on the affidavit. Tell the voter to read the oath and to sign it. Also ask the voter to write his or her daytime telephone number in the space provided.

(7) Sign the affidavit in the space provided for the Provisional Voting Officer.

(8) Print the voter's name on the Provisional Ballot Roster and copy the ballot codes to the Ballots Issued column on the Roster.

(9) Tell the voter to sign the roster.

(10) Ask the Clerk for the ballots indicated on the voucher. Fold each ballot in half before giving it to the voter. Give the voter the ballots and a Ballots envelope.

(11) Tell the voter to go to the provisional ballot voting booth to mark the ballot. Tell the voter to follow these steps to secure the ballot.

(A) Fold the ballot in half.

(B) Put the folded ballot inside the secrecy envelope and seal the envelope.

(C) Put the sealed secrecy envelope inside the affidavit envelope and seal the affidavit envelope.

(D) Return to the table with the sealed affidavit envelope.

(12) While the voter is marking the ballots, write the precinct number, election date, and the voter's name on a Provisional Ballot Materials envelope. Put the following items inside the Provisional Ballot Materials envelope:

(A) Affidavit

(B) Voucher

(C) Filled out and signed Oklahoma Voter Registration Application, if applicable

(13) If necessary, follow the procedures for spoiled ballots (230:35-5-127 ) or voter assistance (230:35-5-120.1 ), using instructions in the Election Day Reference and Problem Solver in the Precinct Official Notebook.

(14) When the voter returns the sealed Ballots envelope, put it inside the Provisional Ballot Materials envelope with the voter's name on it and seal the Materials envelope . Put the sealed Provisional Ballot Materials envelope inside the orange Provisional Ballots Bag.

(15) Tell the voter that information concerning disposition of the provisional ballot may be obtained from the County Election Board after 5 p.m. on Friday. Make sure the voter takes a copy of the Provisional Voting Information handout.

Okla. Admin. Code § 230:35-5-177

Added at 22 Ok Reg 1884, eff 7-1-05 ; Amended at 23 Ok Reg 80, eff 9-1-05 (emergency) ; Amended at 23 Ok Reg 1290, eff 7-1-06 ; Amended at 24 Ok Reg 1497, eff 7-1-07 ; Amended at 25 Ok Reg 351, eff 11-5-07 (emergency) ; Amended at 25 Ok Reg 1921, eff 7-1-08 ; Amended at 28 Ok Reg 1167, eff 7-1-11 ; 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