SECTION 230:15-11-8. Cancellation for felony conviction

(a)   The court clerk in each county shall prepare a list monthly of all persons convicted in the county of a felony and shall transmit the list to the secretary of the County Election Board. [26:4-120.4(B)] The list shall include information necessary to identify a person on the list as a registered voter prescribed by the Secretary of the State Election Board. [26:4-120.4(B)] The list prepared by the Court Clerk shall include the person's name, full date of birth which shall include the month, day, and year, and, if known, the last four digits of the person's Social Security number, driver license number, and residence address of each person convicted of a felony in the county. The Secretary of the County Election Board shall cancel a voter's registration as outlined in (c) of this Section upon receipt of a list of felony convictions from the Court Clerk.

(b)   The Secretary of the County Election Board shall be authorized to cancel a voter's registration as outlined in (c) of this Section upon receiving a notice of felony conviction from a federal court. [26:4-120.4(A)]

(c)   Upon receipt of the monthly felony conviction list from the county Court Clerk, County Election Board personnel shall follow appropriate software instructions to enter information from the list into MESA. All information on the list shall be entered in MESA, even if it appears the convicted person may be a resident of another county. Immediately upon entering felony conviction information, MESA searches the county's voter registration information for potential matches. Any potential matches are brought to the screen and the information in the voter registration record of each potential match can be compared with other information provided on the list by the Court Clerk. If County Election Board personnel are able to make a positive match between a voter registration record and a name on the felony conviction list, the voter registration shall be cancelled. After all the information has been entered, the information is automatically transferred to the State Election Board. MESA then searches voter registration records statewide for potential matches, and if found, reports them to the appropriate County Election Board on the Potential Deletion Report. Potential felony conviction matches appear on the Potential Deletion Report in the county where the voter registration record is maintained. County Election Board personnel in that county must examine the information on the Potential Deletion Report and compare it to the identified voter registration record or records to make a positive match. See 230:15-11-2. If a positive match is found, the voter registration shall be cancelled. Following cancellation of a voter registration for felony conviction in MESA, County Election Board personnel shall remove the original voter registration form from the Central File and any documentation in the Additional Information file, note the date the registration was cancelled and the reason for the cancellation. The original registration form and any documentation of Additional Information shall be retained in the Cancellation File for 24 months.

(d)   The Secretary of the State Election Board, secretaries of county election boards, and their agents and employees shall not be held civilly liable for any action taken based upon information concerning felony convictions received from a United States Attorney or a county court clerk pursuant to subsections A and B of this section if a reasonable effort was made to make an accurate match of the information provided with voter registration records before cancelling any voter's registration. [26:4-120.4]

(e)   The Secretary of the County Election Board shall cause the Potential Deletions Report to be printed each month. A copy of the Potential Deletions Report shall be retained for 24 months.

[Source: Reserved at 12 Ok Reg 2197, eff 7-1-95; Added at 13 Ok Reg 559, eff 11-22-95 (emergency); Added at 13 Ok Reg 2475, eff 7-1-96; Amended at 22 Ok Reg 1859, eff 7-1-05; Amended at 27 Ok Reg 1124, eff 6-1-10; Amended at 28 Ok Reg 1132, eff 7-1-11; Amended at 36 Ok Reg 1539, eff 9-16-19]