A. In the event an absentee ballot is mutilated, defaced or damaged in a manner that it cannot be read by the voting device and thus not counted during the counting process, then two members of the county election board of different political party affiliations or two members of an absentee voting board under the supervision of the county election board shall be authorized to mark a substitute ballot in identical fashion, insofar as is possible. Once so marked, the substitute ballot shall be entered for counting into the voting device. A written record of such action shall be made by the two county election board members.
B. In the event of an absentee ballot that was delivered electronically to a voter as described in Section 14-118 of this title, or an absentee ballot that was received from a voter by facsimile device as described by Section 14-118.1 of this title, and the ballot cannot be read by the voting device, then two members of the county election board of different political party affiliations or two members of an absentee voting board under the supervision of the county election board shall be authorized to mark a substitute ballot in identical fashion, insofar as is possible. Once so marked, the substitute ballot shall be entered for counting into the voting device. A written record of such action shall be made by the two county election board members.
C. In the event there is a disagreement about how a substitute ballot should be marked for any race, the matter shall be brought immediately before the full county election board, which shall vote to decide how to mark the ballot.
Added by Laws 1984, c. 38, § 2, operative July 1, 1984. Amended by Laws 1991, c. 321, § 24, eff. March 1, 1992; Laws 2011, c. 139, § 12; Laws 2013, c. 200, § 3, eff. Nov. 1, 2013.
Structure Oklahoma Statutes
§26-1-103. Runoff primary election.
§26-1-104. Closed primaries - Independent voters.
§26-1-105. Substitute candidates.
§26-1-107. Recognized political parties.
§26-1-108. Formation of new political parties.
§26-1-109. Party ceases to be recognized.
§26-1-110. Changes in party affiliation.
§26-2-101. State Election Board - Number of members.
§26-2-101.1. Appointment of members from certain political parties.
§26-2-101.2. Vacancy by death or resignation - Filling.
§26-2-101.3. Failure of political parties to submit nominees.
§26-2-101.4. Vacancy by failure to attend meetings - Filling.
§26-2-101.6. Secretary for State Election Board - Salary.
§26-2-101.7. Election of officers - Terms.
§26-2-101.9. Travel and expense.
§26-2-106. State Election Board duties – Altering or amending election procedures.
§26-2-107. Secretary's duties.
§26-2-107.1. Contracts for inspections, training and other functions.
§26-2-108. Offices of State Election Board.
§26-2-109. Maintenance of records - Records public.
§26-2-110. County election boards - Number of members.
§26-2-111.1. Secretaries of county election boards - Appointment - Terms.
§26-2-111.2. Election of officers of county election boards.
§26-2-112. Secretary appointed by State Election Board.
§26-2-114. Removal of chair, vice chair, or alternate member.
§26-2-115. Compensation of chair and vice-chair.
§26-2-116. Duties of county election board.
§26-2-117. Secretary's duties - Assistant secretary - Compensation.
§26-2-118. Compensation of secretaries.
§26-2-119. Appropriations to county election boards.
§26-2-121. Offices of county election boards – Election security measures.
§26-2-122. Maintenance of records - Records public.
§26-2-123. Precinct officials.
§26-2-124. Appointment of inspector, judge and clerk - Terms.
§26-2-125. Authority to remove inspector.
§26-2-126. Inspector's duties.
§26-2-127. Duties of precinct officials.
§26-2-128. Appointment of counters - Compensation.
§26-2-128.1. Appointment of additional precinct officials.
§26-2-128.2. Additional workers.
§26-2-129. Compensation of precinct officials.
§26-2-130. Removal of precinct officials and others.
§26-2-131. Eligibility for membership on county election board or to serve as precinct official.
§26-2-132. Disqualification as board member or precinct official.
§26-2-133. Legal defense services.
§26-3-102. Forms provided by State Election Board.
§26-3-103. Registration forms provided by State Election Board.
§26-3-104. Costs - Payment from county or state funds.
§26-3-105. Costs of county elections.
§26-3-105.1. Election personnel - Compensation and benefits - Election expenses.
§26-3-105.2. Distribution of vouchers by mail.
§26-3-107. State Election Board Revolving Fund.
§26-3-107.1. State Election Board System Revolving Fund.
§26-3-107.2. State Election Board Help America Vote Act Revolving Fund.
§26-3-108. County Election Board Special Depository Account.
§26-3-108.1. Reimbursement of State Election Board for computer supplies.
§26-3-109. Training for county election board personnel.
§26-3-110. Reimbursement for training.
§26-3-111. Training program for precinct officials.
§26-3-112. Instruction materials for precinct officials.
§26-3-113. Instructions to voters.
§26-3-114. Public information.
§26-3-115. Establishment of precincts - Map of precinct required.
§26-3-116. Precinct boundaries.
§26-3-117. Precincts within municipalities.
§26-3-118. Changes in precincts - Notice - Transfer of affected voters' registration.
§26-3-119. Creation of subprecincts.
§26-3-120. Polling places - Tort liability.
§26-3-121. Voting devices - Ballot boxes.
§26-3-123. Board to provide polling places.
§26-3-126. Maintenance of records.
§26-3-127. Maintenance of election results.
§26-3-129. Publication of state directory and other materials.
§26-3-131. Authority to employ security measures to protect voting process.
§26-3-301.1. Local elections - Compliance with the Let the Troops Vote Act of 2011.
§26-4-101. Persons entitled to become registered voters - Exceptions.
§26-4-102. Registration required.
§26-4-103. Persons who will become qualified electors - Time for registration.
§26-4-103.1. Procedure to register or update registration
§26-4-104. Time and place of registration.
§26-4-109.2. Voter registration agencies
§26-4-109.3. Motor vehicle licensing agencies - Voter registration.
§26-4-109.4. Electronic submission of voter registration application.
§26-4-110.1. Time for submission of voter registration applications - Notice of disposition.
§26-4-112. Registration applications
§26-4-113. Voter identification cards.
§26-4-114. Maintenance of registration information.
§26-4-115.1. Correction of clerical or administrative errors.
§26-4-115.2. Confidentiality of residence and mailing address.
§26-4-116. Transfer of registrations.
§26-4-117. Change of name or of residence within same county.
§26-4-118. Change of residence to another county.
§26-4-118.1. National Change of Address dataset.
§26-4-119. Change of political affiliation.
§26-4-120. Cancellation of registrations.
§26-4-120.1. Voluntary cancellation of registration.
§26-4-120.2. See the following versions:
§26-4-120.2v1. Inactive voters.
§26-4-120.2v2. Inactive voters.
§26-4-120.3. Deceased persons - Cancellation of registration.
§26-4-120.4. Convicted felons - Cancellation of registration - Liability.
§26-4-120.5. Incapacitated persons - Cancellation of registration.
§26-4-120.6. Registration in another county or state - Cancellation or registration.
§26-4-120.7. Registration applications - Removal from registries - Destruction.
§26-4-120.8. Reregistration of cancelled voter.
§26-4-120.10. Voting in precinct from which registration transferred.
§26-4-121. Multistate voter list maintenance organizations.
§26-5-101. Declarations of candidacy required.
§26-5-102. Candidates filing with Secretary of State Election Board.
§26-5-103. Candidates filing with secretary of county election board.
§26-5-104. Party must be recognized.
§26-5-105. Candidate must be registered - Exceptions.
§26-5-106. Candidate may file for only one office.
§26-5-107. Identical names prohibited.
§26-5-108. Adopting name of incumbent prohibited.
§26-5-109. Adopting name of person of state or national reputation prohibited.
§26-5-111. Declaration of candidacy forms.
§26-5-111.1. Declaration of Candidacy - Signature of candidate.
§26-5-112. Petitions and filing fees.
§26-5-114. Designation of term.
§26-5-115. Withdrawals from primary.
§26-5-116. Withdrawals from runoff primary.
§26-5-116.1. Withdrawal from General Election.
§26-5-117. Declarations of Candidacy must be accepted - Exceptions.
§26-5-118. Contests of candidacy.
§26-5-119. Time for filing contest.
§26-5-120. Grounds for contest.
§26-5-121. Deposit required for contest.
§26-5-122. Date for hearing contest.
§26-5-124. Time for service of notice.
§26-5-126. Hearing of contest.
§26-5-127. Candidacy may be stricken.
§26-5-128. Declaration may be amended.
§26-5-129. Answer to contest - Deposit required.
§26-5-130. Burden of proof on petitioner.
§26-5-131. Disposition of deposits.
§26-6-101. Appearance of candidate's name.
§26-6-102. Unopposed candidates.
§26-6-103. Ballots printed by State Election Board.
§26-6-104. Ballots printed by county election board.
§26-6-104.1. Paper ballots required - Assistance.
§26-6-105. Separate ballots for general election.
§26-6-106. Manner of printing ballot cards for general election.
§26-6-107. Order of names for absentee ballots for primary.
§26-6-108. Order of names for absentee ballots for runoff primary.
§26-6-109. Order of names for Primary and Runoff Primary.
§26-6-110. Separate ballots for primary and runoff primary.
§26-6-112. Identification of ballot as to precinct.
§26-6-113. Ballots for state questions.
§26-6-114. Ballots to be bound and designated.
§26-6-119. Ballots for educational purposes.
§26-6-120. Contracts for ballots - Advertising for bids.
§26-7-101. Employees to be allowed time to vote - Penalties.
§26-7-102. Supplies and ballots provided by State Election Board.
§26-7-102.1. Precinct registry - Duty to provide.
§26-7-103. Supplies and ballots distributed to precinct inspectors.
§26-7-103.2. Current list of registered voters.
§26-7-104. Hours for voting - Conformity with federal law.
§26-7-105. Delivery of supplies and ballots.
§26-7-106. Installation of voting booths.
§26-7-107. Empty ballot box - Tape verifying no counted votes.
§26-7-108. Electioneering prohibited.
§26-7-108.1. Exit poll - Notice.
§26-7-108.2. Exit poll pollster - Identification.
§26-7-108.3. Pollster restrictions - Violation deemed misdemeanor.
§26-7-108.4. Pollsters - Written polling materials - Restrictions on oral interviews and recordings.
§26-7-108.5. Exit polls - Restriction - Voluntariness.
§26-7-110. Intoxicating liquor prohibited.
§26-7-111. Voter must use ballot they were issued.
§26-7-112. Persons allowed in enclosure - News reporter or photographer.
§26-7-113. Order of entering enclosure.
§26-7-114. Procedure for determining eligibility.
§26-7-115. Absentee ballot affidavit.
§26-7-115.1. Address confirmation form – Persons required to complete.
§26-7-117. Signing precinct registry.
§26-7-118. Ballots to be marked in voting booth.
§26-7-123.1. Physical inability to enter election enclosure - Oath - Assistance.
§26-7-123.3. Voter who requires assistance to vote.
§26-7-127. Rules governing counting.
§26-7-129.1. Ballots mutilated by electronic counting equipment to be counted.
§26-7-129.2. Substitute ballots.
§26-7-130. Watchers - Commission - Duties - Violation deemed misdemeanor.
§26-7-132. Certificate of vote - Electronic results of election results storage medium.
§26-7-132.2. Voting devices - Removal and transfer of election results storage medium.
§26-7-133. Ballot cards - Certificate of vote - Return to county election board.
§26-7-134. Retention of transfer case.
§26-7-134.1. Voting devices - Recounts.
§26-7-136. Canvassing returns.
§26-7-137. Methods of sealing.
§26-7-138. Credit for voting and record of voting method used.
§26-7-139. Short title - Prohibit the Private Funding of Elections Act – Violations - Penalties.
§26-8-101. Certifying nominees.
§26-8-102. Certificates of nomination not required.
§26-8-103. Certificates of election.
§26-8-104. Lists and certificates to be prescribed by Secretary of State Election Board.
§26-8-106. Time for issuing lists or certificates.
§26-8-107. Right to certificate.
§26-8-108. Lists and certificates to be issued.
§26-8-109. Time for filing contest - Contests alleging irregularities or fraud.
§26-8-110. Sheriff to provide security for ballot boxes or transfer cases.
§26-8-112. Conduct of recount - Duties of presiding judge.
§26-8-113. Agents for candidates.
§26-8-114. Procedure for recount – Determination of validity of ballots – Watchers and counters.
§26-8-115. Certification of results - Ties involving candidates.
§26-8-116. Recount may cease - Rights of contestee.
§26-8-116.1. Counting of all ballots in precinct upon recount - Application of section.
§26-8-117. Expenses of recount.
§26-8-118. Election contested due to fraud or other irregularity.
§26-8-119. Petition alleging fraud - Procedure.
§26-8-120. Petition alleging irregularities - Procedure.
§26-8-121. Disqualification mandatory.
§26-8-121.1. Hearings on petitions alleging irregularities or fraud involving two or more counties.
§26-9-100. Experimental voting devices or equipment.
§26-9-115. Notice of testing of voting devices.
§26-9-118. Unlawful acts relating to voting devices.
§26-9-121. Counting or tabulating devices not to be connected to the Internet.
§26-10-101. Nomination of Presidential Electors - Certification.
§26-10-101.1. Candidates pledged to Independent candidate for President.
§26-10-102. Oath for Presidential Electors.
§26-10-103. Election of Presidential Electors.
§26-10-106. Certificates of Election.
§26-10-107. Electors to meet - Duties.
§26-11-101. Declaration of candidacy - Expiration of term.
§26-11-102. Declaration of candidacy after appointment.
§26-11-105. No declaration filed - Procedure.
§26-11-107. Vacancy - Expiration of term.
§26-11-108. Judicial ballots without party designation.
§26-11-109. Retention ballots.
§26-11-110. Two persons filing.
§26-11-111. More than two persons filing.
§26-11-112. No candidate receives majority - Procedure.
§26-11-113. Candidate receives majority - Procedure.
§26-11-116. Deceased candidate - Primary or general election ballots - Special election.
§26-12-101. Vacancies in Congress.
§26-12-102. Proclamation required.
§26-12-103. Dates for filing period - Elections.
§26-12-104. General laws apply.
§26-12-106. Vacancies in the Legislature.
§26-12-109. General laws apply - Unopposed candidates.
§26-12-111. Vacancies in county elective offices.
§26-12-114. General laws apply.
§26-12-116. Special elections on state or local questions.
§26-12-117. General laws apply.
§26-12-119. Incumbents - Irrevocable letter of resignation - Special elections.
§26-13-101. County election board to conduct.
§26-13-102. Notice of elections.
§26-13-103. Conduct of municipal elections - Partisan elections.
§26-13-104. Filing fee or petition not required.
§26-13-105. Materials and ballots.
§26-13-107. Maps to be provided.
§26-13-109. Copy of charter required.
§26-13-110. Municipalities in more than one county.
§26-13A-102. Conduct of elections pursuant to this article.
§26-13A-103. Election dates - Special elections.
§26-13A-104. Certification of election in multicounty district.
§26-13A-105. Declaration of candidacy.
§26-13A-106. Eligibility to be candidate for school board - Eligibility to vote.
§26-13A-108. School district maps.
§26-13A-109. Resolution calling for election – Legal notice.
§26-13A-111. Costs of elections.
§26-14-101. Absentee ballots authorized - Adjustment of filing period.
§26-14-101.1. See the following versions:
§26-14-101.1v1. Absentee ballot harvesting.
§26-14-101.1v2. Absentee ballot harvesting.
§26-14-102. Designation of absentee ballot.
§26-14-103. Deadline to receive requests for absentee ballots.
§26-14-104. Time for return of absentee ballot to secretary of county election board.
§26-14-105. Voters absent from county on election day - Application for ballot.
§26-14-106. Transmittal of ballot to voter.
§26-14-108. Return of ballots - Witnessing of affidavit.
§26-14-108.1. Notary public - Absentee ballots and affidavits.
§26-14-110.1. Physically incapacitated persons - Absentee ballot.
§26-14-111.1. Transmittal of ballot to voter.
§26-14-112.1. Materials to accompany ballot.
§26-14-113.2. Marking and return of ballot.
§26-14-114. Elector confined to nursing facility outside county.
§26-14-115. See the following versions:
§26-14-115.1. See the following versions:
§26-14-115.1v1. Incapacitated voter unable to vote in person - Procedure.
§26-14-115.1v2. Incapacitated voter unable to vote in person - Procedure.
§26-14-115.4. In-person absentee voting.
§26-14-115.5. Absentee voting boards.
§26-14-115.6. See the following versions:
§26-14-115.6v1. Emergency absentee ballots for first responders and emergency workers.
§26-14-115.6v2. Emergency absentee ballots for first responders and emergency workers.
§26-14-115.7. Applicable procedure for properly executing an absentee ballot affidavit.
§26-14-115v1. Elector confined to nursing facility or veterans center within county - Procedures.
§26-14-115v2. Elector confined to nursing facility or veterans center within county - Procedures.
§26-14-118. Transmission of ballots and materials to voters.
§26-14-120. Marking, return, and processing of ballots.
§26-14-121.1. Replacement absentee ballots.
§26-14-122. Handling of returned ballots.
§26-14-123. Removal of outer envelopes - Examination of affidavits.
§26-14-124. Absentee counters – Appointment.
§26-14-125. Counting procedure.
§26-14-127. Prescribing forms.
§26-14-129. List of absentee voters.
§26-14-132. Retention of materials.
§26-14-133. Notification of rejection.
§26-14-135. Emergency procedures to facilitate voting by uniformed and overseas citizens.
§26-14-138. Application of voting procedures.
§26-14-139. Implementation of Uniform Military and Overseas Voters Act.
§26-14-140. Assignment of overseas voters to precincts.
§26-14-141. Voting registration - Federal postcard application.
§26-14-142. Military-overseas ballot - Application methods.
§26-14-143. Ballot timeliness.
§26-14-144. Ballot distribution.
§26-14-146. Federal write-in absentee ballot.
§26-14-147. Counting of ballots.
§26-14-148. Signed declaration.
§26-14-149. Electronic free-access system.
§26-14-150. Voter electronic-mail addresses.
§26-14-152. Mistakes or omissions in voting documents.
§26-14-153. Enforcement of act.
§26-14-154. Application and construction of act.
§26-14-155. Conflict with federal law.
§26-16-102.1. Illegal handling of voting ballots.
§26-16-102.2. False absentee ballot application.
§26-16-103.1. Unauthorized registration of voters.
§26-16-104. False notarization.
§26-16-104.1. Ballot harvesting - Felony.
§26-16-106. Bribes to influence votes.
§26-16-107. Bribe for withdrawal of candidacy.
§26-16-108. Acceptance of bribe for withdrawal.
§26-16-109. Coercion prohibited.
§26-16-112. Intoxicating liquors.
§26-16-113. Interference with voter or conduct of election.
§26-16-114. Failure to perform duty.
§26-16-115. Disclosure by voter.
§26-16-116. Disclosure by election official.
§26-16-117. Disclosure of count.
§26-16-119. Expenditure of public funds.
§26-16-120. Illegal printing or possession of certain voting materials.
§26-16-124. Election-related unauthorized access or tampering - Penalty.
§26-16-126. Ballot harvesting - Misdemeanor.
§26-17-112. Effect of headings.
§26-20-101. Date of primary - Other elections prohibited.
§26-20-103. Primary election statutes applicable.
§26-20-105. Delegates and alternates to file affidavits on voting.
§26-21-102. Procedures to protect proprietary interest in computer programs.
§26-22-101. Declaration of election emergency - Contingency plan.
§26-22-104. Method of counting.
§26-22-105. Procedures governing counting.
§26-22-106. Reason for failure to count to be noted.
§26-22-109. Certificate of vote.
§26-22-110. Ballots and materials placed in ballot transfer box - Return to county election board.