STATE OF OKLAHOMA

1st Session of the 52nd Legislature (2009)

SENATE BILL 566	By:	Laster

AS INTRODUCED

An Act relating to elections; amending 26 O.S. 2001, Section 14-115.4, as last amended by Section 8, Chapter 307, O.S.L. 2004 (26 O.S. Supp. 2008, Section 14-115.4), which relates to in-person absentee voting; extending hours for in-person absentee voting for certain elections; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     26 O.S. 2001, Section 14-115.4, as last amended by Section 8, Chapter 307, O.S.L. 2004 (26 O.S. Supp. 2008, Section 14-115.4), is amended to read as follows:
Section 14-115.4  A.  ~~A~~ For an election other than a General Election specified in Section 1-101 of this title, a registered voter may apply for an in-person absentee ballot at a location designated by the secretary of the county election board from 8 a.m. to 6 p.m. on the Friday and Monday immediately preceding any election and from 8 a.m. to 1 p.m. on the Saturday immediately preceding a state or federal election.  
For a General Election specified in Section 1-101 of this title, a registered voter may apply for an in-person absentee ballot at a location designated by the secretary of the county election board from 8 a.m. to 6 p.m. on the second Monday preceding the election and on the Tuesday, Wednesday, Thursday, Friday and Monday immediately preceding the election and from 8 a.m. to 1 p.m. on the Saturday immediately preceding the election.
As part of the application for an in-person absentee ballot, such registered voter shall swear or affirm that the voter has not voted a regular mail absentee ballot and that the voter will not vote at the regular polling place in the election for which the in-person absentee ballot is requested.
B.  One or more absentee voting boards shall be on duty ~~from 8 a.m. to 6 p.m.~~ during the time periods specified in subsection A of this section at the in-person absentee polling place ~~on Friday and Monday immediately preceding any election and from 8 a.m. to 1 p.m. on Saturday immediately preceding a state or federal election~~.  If the secretary of a county election board receives an application from a registered voter requesting to vote by in-person absentee ballot, the secretary shall cause to be implemented the following procedures:
1.  An absentee voting board shall provide to each registered voter who applies for an in-person absentee ballot appropriate ballots and materials as may be necessary to vote;
2.  The voter must sign an in-person absentee voter record, and the signature of the voter on such record must be certified by both members of the absentee voting board, except that the secretary of the county election board and one other member of the absentee voting board may certify the signature of another member of the absentee voting board;
3.  The voter must mark the ballots of the voter in the manner provided by law in the presence of the absentee voting board, but in such a manner as to make it impossible for any person other than the voter to ascertain how said ballots are marked.  Insofar as is possible, the voting procedure shall be the same as if the voter were casting a vote in person at a precinct;
4.  The voter shall then deposit the ballot in a voting device designated for in-person absentee voting by the secretary of the county election board;
5.  When the in-person polling place is closed on each day of in-person absentee voting the in-person absentee voting board shall, without obtaining a printout of results, remove the vote data pack from the voting device and seal ballots counted that day in a transfer case which shall be secured by the sheriff of the county in the same manner as provided in Section 8-110 of this title.  The vote data pack shall be sealed in a container prescribed by the Secretary of the State Election Board.  The sheriff shall secure the sealed vote data pack container and return it to the in-person absentee voting board no later than ~~7:45 a.m.~~ fifteen minutes prior to the first hour specified in subsection A of this section on the next day of in-person absentee voting or to the secretary of the county election board at the time of the county election board meeting to count absentee ballots on election day;
6.  The vote data pack or packs used for in-person absentee voting shall be used by the county election board to count absentee ballots on election day as provided in Section 14-125 of this title; and
7.  If there is a malfunction in such a way that the vote data pack used for in-person absentee voting will not function, the sheriff is authorized to return the transfer cases containing in-person absentee ballots to the county election board to be recounted as provided in Section 7-134.1 of this title.
SECTION 2.  This act shall become effective November 1, 2009.

52-1-674	CD	1/12/2009 3:14:07 PM