Okla. Stat. tit. 26, § 26-7-116.1

Counting - Release of information - Retention.

A. Provisional ballots shall be available for all elections

conducted by the county election board. Provisional ballots shall

include all offices, candidates and questions and shall be identical

to the regular ballots for each precinct. The Secretary of the

State Election Board shall promulgate rules and shall prescribe

materials necessary for the implementation of provisional ballots.

B. Persons who are not listed in the precinct registry, but who

claim to be registered voters in the precinct and eligible to vote

in the election, shall be entitled to vote a provisional ballot upon

execution of an affidavit prescribed by the Secretary of the State

Election Board. Registered voters required to show identification,

as described in Section 7-114, 14-115.4 or 14-121 of this title and

who are unable to show one of the acceptable forms of identification

described in such sections, shall be entitled to cast a provisional

ballot. Persons identified in Section 14-121 of this title shall be

entitled to vote a provisional ballot upon execution of an affidavit

prescribed by the Secretary of the State Election Board. Persons

who are listed in the precinct registry for a partisan primary

election, but who dispute the political affiliation indicated by

such precinct registry, shall be entitled to vote a provisional

ballot for a party other than the one indicated. However, such

provisional ballot shall be counted only if evidence is found by the

Oklahoma Statutes - Title 26. Elections Page 98

secretary of the county election board of the voter’s valid voter

registration in the party for which the provisional ballot was cast.

C. Provisional ballots shall be segregated from the regular

ballots cast in the precinct in the manner prescribed by the

Secretary of the State Election Board and shall not be inserted in

the precinct voting device. Information provided by a person who

votes a provisional ballot shall be investigated by the secretary of

the county election board after the election. A provisional ballot

shall be counted only if it is cast in the precinct of the voter’s

residence and if evidence of the provisional voter’s valid voter

registration, or of the voter’s identity, is found, except a

provisional ballot cast by a voter identified in Section 14-121 of

this title shall be counted.

D. No information concerning provisional ballots, except the

number of provisional ballots cast in the county, shall be made

public by any election official prior to 1:00 p.m. on Friday

following the election. The county sheriff shall secure sealed

ballot transfer cases containing provisional ballots that have been

counted after 1:00 p.m. on Friday following the election until 5:00

p.m. on Tuesday next succeeding the election or, in the event a

recount contest is filed, until such times as the transfer cases

are delivered to the district courtroom.

E. In the event that the secretary of any county election board

is unable to complete the investigation and verification of

provisional ballots by 1:00 p.m. on Friday following the election,

the Secretary of the State Election Board shall be authorized to

extend the period for the investigation and verification of

provisional ballots. When such an extension is required by any

county for a statewide election, the extension shall apply

statewide. The Secretary shall promulgate rules establishing

procedures for requesting and granting such extensions.

F. All materials used for procuring and casting a provisional

ballot shall be retained by the secretary of the county election

board for a period of twenty-four (24) months after the day of the

election.