A. If the secretary of a county election board receives a request from an incapacitated elector confined to a nursing facility, as defined in Section 1-1902 of Title 63 of the Oklahoma Statutes, or a veterans center established pursuant to Title 72 of the Oklahoma Statutes within the county of the jurisdiction of the secretary, the secretary shall cause to be implemented the following procedures:
1. On the Thursday, Friday, Saturday or Monday preceding the election, the absentee voting board shall deliver to each registered voter who is confined to a nursing facility, as defined in Section 1-1902 of Title 63 of the Oklahoma Statutes, or a veterans center established pursuant to Title 72 of the Oklahoma Statutes and who requested ballots for an incapacitated voter the ballots and materials as may be necessary to vote same.
2. The voter must mark the ballots in the manner hereinbefore provided in the presence of the absentee voting board, but in such a manner as to make it impossible for any person other than the voter to ascertain how the ballots are marked. Insofar as is possible, the voting procedure shall be the same as if the voter were casting a vote in person at a precinct.
3. The voter shall then seal the ballots in the plain opaque envelope and shall seal the plain opaque envelope in the envelope bearing an affidavit. The voter must complete the affidavit, and the signature of the voter on same must be witnessed by both members of the absentee voting board.
4. The envelope bearing an affidavit then must be sealed in the return envelope, which shall be returned by the absentee voting board to the secretary of the county election board on the same day the affidavit was executed.
5. Ballots cast in such manner shall be counted in the same manner as regular mail absentee ballots.
B. The voter may request the assistance of the absentee voting board members to mark a ballot, complete the affidavit or seal the envelopes as described in this section.
C. 1. An administrator or employee of a nursing facility or veterans center who attempts to coerce or influence the vote of a person residing in or confined to that facility shall be deemed to be in violation of Section 16-109 of this title.
2. An administrator or employee of a nursing facility or veterans center who prevents or attempts to prevent a person residing in or confined to that facility from voting pursuant to this section shall be deemed to be in violation of Section 16-113 of this title.
Added by Laws 1974, c. 201, § 15, operative July 1, 1974. Renumbered from § 327.15 of this title by Laws 1976, c. 90, § 11, emerg. eff. May 6, 1976. Amended by Laws 1991, c. 277, § 2, eff. Sept. 1, 1991; Laws 2002, c. 447, § 18, emerg. eff. June 5, 2002; Laws 2003, c. 485, § 12; Laws 2009, c. 92, § 1, eff. Nov. 1, 2009; Laws 2020, c. 151, § 9, emerg. eff. May 21, 2020.