SECTION 230:15-9-25. Processing applications for restricted records status

(a)   Members of the judiciary, district attorneys, assistant district attorneys, law enforcement personnel, the immediate family members of law enforcement personnel, corrections officers, and persons covered by victim's protection orders are entitled by law to apply to the Secretary of the County Election Board for restricted records status. [26:4-115.2] The law defines "immediate family of law enforcement personnel" as a spouse, child by birth or adoption, stepchild or parent living in the same residence as the law enforcement personnel. [26:4-115.2] The spouse and/or dependent of a voter entitled to apply for restricted records status also may apply for restricted records status. Restricted records status shall apply to the voter registration form in the Central File, to registration information in the voter registration database, to materials used to request and cast absentee ballots, and if specifically requested by the voter, any Declaration of Candidacy filed by the voter. Voter registration information for a restricted records voter shall be available only to authorized County Election Board personnel for administrative purposes, with the exception that it may be provided to a candidate or a candidate's representative or other lawful authority in connection with a contest of candidacy, contest of election, or a petition challenge as provided by law. [26:4-115.2]

(b)   A voter who is eligible for restricted records status may apply for such status by writing a letter to the Secretary of the County Election Board setting forth the following information.

(1)   Voter's name as it appears on the voter registration form.

(2)   Voter's date of birth.

(3)   Last four digits of the voter's Social Security number.

(4)   Reason for application for restricted records status. (If voter is covered by victim's protection order, include case number, date of issue and the expiration date of the order.)

(5)   A request also to keep a Declaration of Candidacy confidential, if applicable.

(6)   Voter's signature.

(7)   Date.

(c)   Upon receipt of an application for restricted records status, the Secretary of the County Election Board shall follow the appropriate MESA software instructions to enter the restricted records status voter's name, political affiliation, precinct number, school district, and municipality. This will cause the voter's name and district information to print in the appropriate Precinct Registry without the voter's residence address.

(1)   Make a placeholder for the Central File. Write only the voter's name, date of birth, and political affiliation on a blank voter registration application form. Write the words "Restricted Records" in the space for item 6, "Street address or directions to your home."

(2)   Remove the voter's original voter registration application form from the Central File and replace it with the placeholder form.

(3)   Check the Additional Information file. Remove any documentation of the voter's registration and attach it to the original voter registration application form.

(4)   Remove the voter's absentee ballot application from the appropriate file and attach it to the voter registration form.

(5)   Locate the voter's registration information in MESA and follow the appropriate software instructions to delete the registration information.

(6)   Attach the voter's application for restricted records status to the voter's original registration form and other materials and file in the restricted records status file.

(d)   The Secretary of the County Election Board shall designate a file cabinet with a lock or any other appropriate container with a lock as the restricted records status file. Access to the restricted records status file shall be restricted to the Secretary, Assistant Secretary or Chief Clerk, and other County Election Board employees authorized by the Secretary.

(e)   Restricted records status shall be effective immediately upon receipt of an application from a qualified voter, and it shall remain in effect until the voter chooses to end it. The voter's registration information may be removed from restricted records status only upon receipt of written instruction from the voter.

(f)   Any subsequent application for change of voter registration initiated by a restricted records voter shall be processed routinely, with the exception that the voter registration application information shall not be entered in MESA and the form shall be filed in the restricted records status file instead of the Central File. If necessary, however, the voter's information shall be modified in the Restricted Records Maintenance area of MESA. Any application for absentee ballots from such a voter also shall be processed manually. The application for absentee ballots shall be filed in the restricted records status file.

(g)   A restricted records status voter who votes in person at his or her precinct polling place shall sign the Precinct Registry beside his or her own name. The Secretary shall instruct Precinct Officials in precincts with restricted records status voters that no address confirmation is required for these voters.

(h)   The Secretary shall print the Restricted Records List from MESA and provide it to the in-person Absentee Voting Board on each day of in-person absentee voting. A restricted records status voter who votes at the in-person absentee polling place shall sign the Absentee Voting Board Record.

(i)   An ACP Absentee Ballot Application form and ACP Voter History Record form received from the State Election Board shall be filed immediately in the restricted records status file. All existing information in MESA about an ACP voter already has been permanently deleted from the database. No entry shall be made in MESA concerning ACP voters and the name, address, and precinct number of an ACP voter shall not appear on any list or report.

[Source: Added at 20 Ok Reg 470, eff 1-2-03 (emergency); Added at 20 Ok Reg 1087, eff 7-1-03; Amended at 23 Ok Reg 1279, eff 7-1-06; Amended at 24 Ok Reg 1490, eff 7-1-07; Amended at 26 Ok Reg 2525, eff 7-15-09; Amended at 27 Ok Reg 1124, eff 6-1-10; Amended at 28 Ok Reg 1132, eff 7-1-11; Amended at 30 Ok Reg 1631, eff 7-15-13; Amended at 36 Ok Reg 1539, eff 9-16-19]