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Oklahoma Regulations § 230:35-3-71 Voting device not issued to precinct polling place

⤴ Up to Part 9: Distributing Supplies And Ballots

Regulation Text

(a) The Secretary of the County Election Board shall have the authority not to issue a voting device to a precinct polling place on election day only when all of the following circumstances exist.
(1) Only one entity is holding an election in the precinct.
(2) Voter registration records indicate that there are no registered voters assigned to the entity in the precinct.
(3) No one is known to reside within the boundaries of the entity holding the election in the precinct.
(4) The entity has not exercised its options either to close the precinct or to close only the polling place and to provide only absentee ballots for the election. See only
(b) The Precinct Election Board shall be assigned to the precinct polling place on election day. The Inspector shall receive appropriate precinct supplies, which shall include ballots, a Ballot Accounting Form, provisional voting supplies, and a copy of the special instructions for Precinct Officials outlined in (f) of this section. Contact the State Election Board office for the Provisional Ballots Cast form and include at least two copies of it in the precinct supplies. A voting device shall not be issued for the polling place.
(c) In the event that a voter appears at the polling place on election day and claims to be eligible to vote in the election , Precinct Officials shall issue a provisional ballot to the voter according to the procedure outlined in 230:35-5-177 .
(d) At 7 p.m., the Inspector shall indicate the number of provisional ballots, if any, cast on each copy of the Provisional Ballots Cast sheet included in the precinct supplies. The Precinct Officials each shall sign the copies. The copies shall be distributed as follows.
(1) One copy shall be posted on the polling place door.
(2) One copy shall be placed inside the ballot transfer box.
(3) One copy shall be placed inside the clear plastic sleeve on the orange Provisional Ballot Bag.
(e) At the County Election Board office, the Secretary shall cause one of the following actions to occur prior to 7 p.m. on election day.
(1) Program voting devices in the County Election Board office with the election day polling place ID number for each precinct with no polling place open or with no voting device issued to an open polling place on election day.
(A) Prior to 7 p.m. on election day, open the polls on each such voting device.
(B) Immediately after 7 p.m., close the polls on each voting device and print at least two sets of voting device reports.
(C) Remove the election results storage devices from each voting device, and give them to the tabulation computer operator to be read as soon as all absentee results have been read and tabulated.
(2) As an alternative to programming several voting devices, the Secretary may choose to program a single voting device with the county vote center polling place ID number.
(A) Follow the same steps outlined in (1) (A) and (B) of this subsection.
(B) Remove the election results storage device from the voter center voting device. Place the election results storage device in a secure place until all other results storage devices from all voting devices used to count absentee ballots and from all other open precincts have been received, read and tabulated.
(C) Verify that any necessary election night recounts are completed and that all other election results have been read and tabulated.
(D) Read and tabulate the results storage device removed earlier from the voter center voting device.
(3) The options outlined in (1) and (2) of this subsection will cause all precincts involved in the election to appear fully reported on all reports from the tabulation system, from MESA, and on the State Election Board's election results reporting website.
(f) Provide a printed copy of the following instructions to Precinct Officials for use on election day when a voting device is not issued to a precinct polling place.
(1) Although the polling place must be open for today's election, County Election Board records indicate that there are no voters in this precinct eligible to participate in the election. Therefore, a voting device has not been issued for this polling place.
(2) In the event that a voter appears and claims to be eligible to vote in the election today, issue a provisional ballot to the voter following the provisional voting procedure in 230:35-5-177 . Indicate either that the voter's name does not appear in the Precinct Registry or that the voter disputes the school district, technology center district, or municipal assignment indicated in the Precinct Registry.
(3) At 7 p.m., the Inspector shall indicate the number of provisional ballots cast, if any, on each copy of the Provisional Ballots Cast sheet included in the precinct supplies. The Precinct Officials each shall sign all the copies. The copies shall be distributed as follows:
(A) One copy shall be posted on the polling place door.
(B) One copy shall be placed inside the ballot transfer box.
(C) One copy shall be placed inside the clear plastic sleeve on the orange Provisional Ballot Bag.
(4) If a provisional ballot is cast, follow the instructions in 230:35-5-75.3 (g) to secure the orange Provisional Ballot Bag for return to the County Election Board office.
(5) Complete the Ballot Accounting Form and pack the ballots as outlined in 230:35-5-75.3 . Pack all remaining supplies as outlined in 230:35-5-76 .

Source

Added at 24 Ok Reg 1497, eff 7-1-07 ; Amended at 25 Ok Reg 1921, eff 7-1-08 ; Amended at 26 Ok Reg 2533, eff 7-15-09 ; Amended at 30 Ok Reg 1672, eff 7-15-13

History

Amended by Oklahoma Register, Volume 36, Issue 24, September 3, 2019 , eff. 9/16/2019

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