In the event that the County Election Board must count a federal write-in absentee ballot, a regular ballot received by fax, or an absentee ballot transmitted to the voter by electronic mail, the following procedure shall be observed.

1. (1) The Secretary shall verify that regular mail absentee ballots from the voter or voters were not received by 7 p.m. on election day.

2. (2) A federal write-in ballot may be counted for federal and statewide offices only.

   1. (A) The Secretary shall provide a blank absentee ballot for the appropriate precinct.
   2. (B) County Election Board members are authorized to mark a substitute ballot to replace the ballot for the voter's choice for federal and statewide offices only. The substitute ballot shall be marked by two members of the County Election Board of different political affiliations.
   3. (C) The substitute ballot shall be marked exactly as the original ballot was marked insofar as it is possible. If the two County Election Board members cannot agree on how the ballot was marked, no substitute ballot shall be marked, and the original ballot shall be invalidated.
   4. (D) The Secretary shall write identical numbers on the back of each original write-in ballot and on the back of the substitute ballot, being careful to avoid the area of the voting tracks. For example, the first such ballot and its substitute shall be marked "1," the second, "2," etc.
   5. (E) The Secretary shall direct a County Election Board staff member to insert the substitute ballot in the appropriate absentee voting device.

3. (3) A regular ballot returned by fax shall be counted for all offices and questions for which the voter's markings can be discerned.

   1. (A) The Secretary shall provide a blank absentee ballot for the voter's precinct.
   2. (B) County Election Board members are authorized to mark a substitute ballot to replace the ballot for the voter's choice for each office and question on the ballot. The substitute ballot shall be marked by two members of the County Election Board of different political affiliations.
   3. (C) The substitute ballot shall be marked exactly as the original ballot was marked insofar as it is possible. If the two County Election Board members cannot agree on how the ballot was marked, no substitute ballot shall be marked, and the original ballot shall be invalidated.
   4. (D) The Secretary shall write identical numbers on the back of each faxed ballot and on the back of the substitute ballot, being careful to avoid the area of the voting tracks. For example, the first such ballot and its substitute shall be marked "1," the second, "2," etc.
   5. (E) The Secretary shall direct a County Election Board staff member to insert the substitute ballot in the appropriate voting device.
4. (4) A regular ballot transmitted to a voter by electronic mail and returned either by mail or by fax shall be counted for all offices and questions for which the voter's markings can be discerned. Follow the steps outlined in (3) (A) through (E) of this Section to count the ballot.
5. (5) In the event that a federal write-in ballot is marked for a candidate or a political party not on the ballot in Oklahoma, no substitute ballot shall be marked. The minutes of the County Election Board meeting shall indicate both that the ballot could not be counted and the reason.
6. (6) In the event that a ballot received by fax is illegible and the voter's markings cannot be discerned, no attempt shall be made to mark a substitute ballot. The minutes of the County Election Board meeting shall indicate both that the ballot could not be counted and the reason.
7. (7) The Secretary shall document in the minutes of the County Election Board meeting the number of substitute ballots marked and inserted in the absentee voting device. The original federal write-in absentee ballot, or faxed ballot shall be retained with all other absentee ballots for the election. The voter's affidavit and any other accompanying materials shall be retained with other similar absentee voting materials.

Added at 22 Ok Reg 1869, eff 7-1-05

Amended at 27 Ok Reg 598, eff 1-1-10 (emergency)

Amended at 27 Ok Reg 1133, eff 6-1-10

Amended at 28 Ok Reg 1154, eff 7-1-11

Amended at 30 Ok Reg 1656, eff 7-15-13

Amended at 42 Ok Reg, Number 20, effective 7-11-25