SECTION 230:35-3-69. Appointment of Watchers

(a)   Any candidate or any recognized political party is entitled to have a Watcher present at any place where an official count is being conducted. [26:7-130] The Watcher must be commissioned in writing by the candidate or by the county chairman of the political party. [26:7-130] The commission must be filed with the Secretary of the County Election Board no later than 5 p.m. on Wednesday preceding the election. [26:7-130] When a Watcher is commissioned for a precinct, the Secretary shall provide the Inspector with a Procedure for Watchers sheet at the time the Inspector receives his supplies for the election.

(b)   A Watcher may be commissioned to observe voting device testing prior to an election. A Watcher may be commissioned to accompany County Election Board personnel assigned to repair or to maintain voting devices during the hours of voting on election day. Watchers commissioned to observe voting device testing or repair shall be commissioned as outlined in (a) of this Section. Watchers commissioned to observe voting device testing or repair shall be limited to observing the testing or repair procedures and to making a written record of the procedures they have observed. Watchers commissioned to observe voting device testing or repairs shall be placed under oath by the County Election Board Secretary. The Secretary shall recite the following oath: "Do you solemnly swear or affirm that you will abide by all laws and rules prescribed for Watchers and that you will limit yourself to observing the voting device during testing or during the repair procedure?"

(c)   A Watcher shall be confined on election day to observing the voting device before the polls are opened and after the polls are closed, or to observing the voting device during repair procedures, and shall not be present at the polling place at other times during election day.

(d)   Any Watcher who violates the law prescribed for Watchers shall be deemed guilty of a misdemeanor. [26:7-130] Any person deemed guilty of a misdemeanor under the provisions of state election law shall, upon conviction, be confined to the county jail for not more than one year or fined not more than $10,000.00 or both. [26:16-110]

[Source: Amended at 9 Ok Reg 1231, eff 3-1-92 (emergency); Amended at 9 Ok Reg 2387, eff 7-1-92; Amended at 13 Ok Reg 569, eff 11-22-95 (emergency); Amended at 13 Ok Reg 2483, eff 7-1-96; Amended at 16 Ok Reg 2427, eff 7-1-99; Amended at 21 Ok Reg 3149, eff 7-22-04 (emergency); Amended at 22 Ok Reg 1884, eff 7-1-05; Amended at 28 Ok Reg 1167, eff 7-1-11]