SECTION 230:35-5-127. Spoiled ballots

(a)   A spoiled ballot is a ballot that the voter marks incorrectly, or a ballot that is defaced or damaged by the voter. Before spoiling a ballot, the Inspector must follow the appropriate instructions in the Election Day Reference and Problem Solver in the Precinct Official Notebook to determine whether the ballot already has been counted.

(b)   When a ballot is spoiled because the voter either has made an error marking it or has damaged or defaced it in some way, such as making a mark in a security bar code, the Clerk uses this procedure.

(1)   Ask the voter to fold the spoiled ballot. If more than one ballot was issued to the voter, tell the voter to put all correctly marked ballots in the voting device.

(2)   Take the folded ballot from the voter, tear it into small pieces, and discard it. [26:7-132]

(3)   Tell the voter to read the oath printed on the gold Spoiled Ballot Affidavit and to sign the form. [26:7-122]

(4)   Write the ballot code in the "Ballot Spoiled" column beside the voter's signature.

(5)   Issue a new ballot to replace the spoiled ballot. [26:7-122]

(6)   Tell the voter to go back to the voting booth, mark the new ballot and put the new ballot in the voting device.

[Source: Amended at 8 Ok Reg 3635, eff 10-3-91 (emergency); Amended at 9 Ok Reg 2387, eff 7-1-92; Amended at 11 Ok Reg 315, eff 11-1-93 (emergency); Amended at 11 Ok Reg 1587, eff 6-1-94; Amended at 15 Ok Reg 2571, eff 7-1-98; Amended at 30 Ok Reg 1672, eff 7-15-13; Amended at 33 Ok Reg 1417, eff 9-11-16]