§ 26-14-118. Transmission of ballots and materials to voters.

A.  When an application for an absentee ballot pursuant to Section 14-142 of this title is received by the secretary of a county election board, it shall be the duty of the secretary to transmit by United States mail, by facsimile device as defined in Section 1862 of Title 21 of the Oklahoma Statutes, or as provided in subsection B of this section the ballots which the elector has requested and is entitled to receive.  When an application for an absentee ballot is received at least forty-five (45) days before an election involving state or federal offices, the absentee ballot shall be transmitted by mail, by electronic mail, or by other means of electronic communication, as provided in this section, or by facsimile device as provided in Section 14-118.1 of this title, not less than forty-five (45) days preceding the election.  When an application for an absentee ballot for an election involving state or federal offices is received less than forty-five (45) days preceding the election, the absentee ballot shall be transmitted by mail, by electronic mail, or by other means of electronic communication, as provided in this section, or by facsimile device as provided in Section 14-118.1 of this title, within forty-eight (48) hours of receipt of the application.

B.  The secretary of the county election board may transmit balloting materials for any state or federal election, or for any other election as designated by the Secretary of the State Election Board as provided in subsection D of this section, by electronic mail or by other means of electronic communication in a form and manner prescribed by the Secretary of the State Election Board, if the voter:

1.  Is a Federal Post Card Application registrant and is eligible to receive an absentee ballot as provided by law;

2.  Provides an electronic mail address; and

3.  Requests that balloting materials be sent by electronic mail.

If the secretary of the county election board transmits a ballot to a voter by electronic mail or by other means of electronic communication as provided in this subsection, the secretary shall amend the voter's federal postcard application for future elections to include the voter's electronic mail address.

C.  An electronic mail address provided under this section is confidential and does not constitute public information for purposes of the Oklahoma Open Records Act.  The secretary of the county election board shall ensure that an electronic mail address provided under this section is excluded from disclosure.

D.  The Secretary of the State Election Board shall determine if balloting materials for any election other than a state or federal election may be produced in a form which would allow them to be transmitted by electronic mail or by other means of electronic communication.  If so, the Secretary shall so designate them.  If such designation is not made, the balloting materials may be transmitted to the voter as provided in subsection A of this section.

E.  All other provisions of this title that would normally apply to a ballot voted under this title apply to a ballot provided pursuant to the provisions of subsection B of this section.

F.  The Secretary of the State Election Board may suspend the provisions of subsection B of this section if the Secretary determines that electronic transmission of balloting materials is not in the best interest of the people of this state due to a potential problem with the security of the balloting materials.

Added by Laws 1974, c. 201, § 18, operative July 1, 1974.  Renumbered from § 327.18 of this title by Laws 1976, c. 90, § 11, emerg. eff. May 6, 1976.  Amended by Laws 2003, c. 485, § 16; Laws 2009, c. 272, § 3, eff. Jan. 1, 2010; Laws 2010, c. 149, § 1, eff. July 1, 2010; Laws 2011, c. 196, § 16, eff. Nov. 1, 2011; Laws 2013, c. 200, § 8, eff. Nov. 1, 2013.