SECTION 230:35-3-85.1. Election night recounts

(a)   Precinct ballots. Election night recounts are allowed only under the following circumstances.

(1)   Precinct Officials failed to remove and count ballots in the emergency compartment of the ballot box before they closed the polls on the voting device.

(A)   If Precinct Officials properly segregated the uncounted ballots from the counted ballots by placing the uncounted ballots inside the Envelope for Tally Report, only the uncounted ballots will be included in the election night recount. See 230:35-5-75.3(e)(6).

(B)   If Precinct Officials mixed uncounted ballots from the emergency compartment with the counted ballots from the main compartment of the ballot box by placing them in the ballot transfer case, all ballots cast at the polling place will be included in the election night recount.

(2)   Both the election results storage device and the backup memory device from a voting device have failed and no results can be obtained from either device. If this occurs, all ballots cast on that voting device will be included in the election night recount.

(3)   The Secretary of the County Election Board is directed by the State Election Board to conduct an election night recount of all ballots cast at a precinct polling place in order to resolve a problem not anticipated in this Section.

(b)   Ballots cast during early in-person absentee voting, by mail, and by nursing home or veteran center voters. Absentee ballots cast during early voting may be recounted on election night only under the circumstances described in (a) of this section. Absentee ballots cast during early in-person absentee voting, by mail, and by nursing home and veteran center voters may be recounted on election night only under the circumstance outlined in (a)(2) of this Section.

(c)   Procedure for election night recount. An election night recount may be conducted on a voting device designated for election night recounts. The voting device may be programmed either to recount ballots for any precinct in the election or for the specific precinct being recounted. If all the ballots for a large precinct or for a precinct where voters received more than one ballot must be included in an election night recount, more than one voting device may be prepared and used. The election night recount shall be conducted in public view and in the presence of the County Election Board members and a representative of the County Sheriff. [26:7-134.1] If possible, members of the news media also shall be present. The recount shall be conducted according to the following procedure. Before beginning the recount, the Secretary shall determine whether any ballots were cast using the ATI device. If any such ballots were cast, follow the procedure described in 230-35-3-85.4. The Secretary and the County Election Board Chairman and Vice Chairman shall use the printed cast vote record of the ATI ballot to mark a substitute ballot to be inserted in the voting device during the election night recount. The procedure outlined in 230:30-19-6 shall be observed to mark the substitute ballot.

(1)   The Secretary shall designate one person to insert the ballots included in the election night recount, one at a time, into the voting device.

(2)   After all the ballots included in the election night recount for the precinct have been inserted into the device, the ballots shall be removed from the main compartment of the ballot box and shall be replaced in the original ballot transfer case.

(A)   If the voting device was programmed to accept ballots only for the specific precinct being recounted, the polls on the voting device shall be closed and the required number of Detail and Tally Reports shall be printed. The report tapes shall be signed by the operator of the voting device and by the County Election Board members. One copy shall be placed inside the original ballot transfer box with the recounted ballots. Other copies shall be distributed in the same manner described in 230:35-5-75.3(a). Once all Detail and Tally Reports have been printed, the election results storage medium shall be removed and read into the tabulation computer.

(B)   If the voting device was programmed to accept ballots for any precinct in the election, the voting device shall be kept secure until it is determined that no additional election night recounts are required. After all other precinct election results have been read into the tabulation computer, the polls shall be closed on the election night recount device, and the election result storage medium shall be removed and read into the tabulation computer. A Detail and Tally Report is not required to be printed from the voting device. A report from the tabulation computer may be used instead and shall be distributed in the same manner described in 230:35-5-75.3.

(3)   The ballot transfer case shall be resealed and a short turquoise State Election Board seal shall be affixed to the box. [26:7-134.1] The new seal shall be positioned so that it can be distinguished from the broken long white State Election Board seal signed by the Precinct Officials. The members of the County Election Board and the person who fed the ballots into the voting device all shall sign the short turquoise seal. The Secretary shall check the "Election Night Recount" box on the seal.

[Source: Amended at 9 Ok Reg 1231, eff 3-1-92 (emergency); Added at 9 Ok Reg 2387, eff 7-1-92; Amended at 12 Ok Reg 2237, eff 7-1-95; Amended at 16 Ok Reg 2427, eff 7-1-99; Amended at 22 Ok Reg 1884, eff 7-1-05; Amended at 25 Ok Reg 351, eff 11-5-07 (emergency); Amended at 25 Ok Reg 1921, eff 7-1-08; Amended at 30 Ok Reg 1672, eff 7-15-13; Amended at 34 Ok Reg 1130, eff 9-11-17; Amended at 36 Ok Reg 1554, eff 9-16-19]