Legal to carry in polling place?

[Glocktogo]

It won't let me post the links to the individual pages.

https://www.sos.ok.gov/oar/online/viewCode.aspx

230:35-3-30. Pre-Election Expense Claim
(a) When the state, the county, a school district, a municipality, or any other governmental entity calls an election to be conducted by the County Election Board, the Secretary of the County Election Board shall prepare an estimate of the number of Precinct Officials, Absentee Voting Board members, and any authorized special-purpose precinct workers required for the election, and the amount of compensation for all Precinct Officials, Absentee Voting Board members, and any special-purpose precinct workers. [26:3-105.1(A)] The estimate also shall include mileage reimbursement for Inspectors to pick up and return election supplies and materials, for Precinct Officials and special-purpose precinct workers assigned to polling places located ten miles or more from their homes, and for one member of each nursing home Absentee Voting Board. The Secretary shall prepare the estimate, which shall be known as a Pre-Election Expense Claim, in OEMS using the appropriate Pre-Election Expense Claim report. The Pre-Election Expense Claim shall be submitted to the entity not less than 35 days prior to the election. [26:3-105.1(A)]
(b) The compensation for Precinct Officials, Absentee Voting Board members, and any authorized special-purpose precinct workers shall be billed as follows.
(1) Inspector. The Inspector shall receive a total of $97 for an election. The Inspector also shall be reimbursed for mileage for two round trips from his home to the County Election Board office at the rate currently allowed by the Internal Revenue Service for a business expense deduction. An Inspector assigned to a polling place located ten miles or more from his or her home also may be reimbursed for one-way mileage from home to the assigned polling place. See 230:35-3-31.1.
(A) Statewide elections. For a statewide election, the State Election Board shall be billed $95 per Inspector. The State Election Board also shall be billed for the total amount of mileage reimbursement for the Inspectors. The county shall be billed $2 per Inspector for a statewide election.
(B) Other elections. For a county election, a school district election, a municipal election or any other election, the entity authorizing the election shall be billed $97 per Inspector, plus the total amount of mileage reimbursement for the Inspectors.
(2) Judge and Clerk. The Judge and Clerk each shall receive a total of $87 for an election. In addition, a Judge or Clerk assigned to a polling place located ten miles or more from his or her home may be reimbursed for round-trip mileage from home to the assigned polling place. See 230:35-3-31.1.
(A) Statewide elections. For a statewide election, the State Election Board shall be billed $85 per Judge and $85 per Clerk. The county shall be billed $2 per Judge and $2 per Clerk. The State Election Board also shall be billed for any mileage paid to Judges and Clerks.
(B) Other elections. For a county election, a school district election, a municipal election or any other election, the entity authorizing the election shall be billed $87 per Judge and $87 per Clerk. The entity also shall be billed for any mileage paid to Judges and Clerks.
(3) Absentee Voting Board members. Absentee Voting Board members each shall receive $87 for each day they serve for an election. In addition, one member of each nursing home Absentee Voting Board shall receive mileage reimbursement for the round trip from the County Election Board office to the nursing home or homes.
(A) Statewide elections. For a statewide election, the State Election Board shall be billed for the total amount of $87 per Absentee Voting Board member plus mileage for one member of each nursing home Absentee Voting Board.
(B) Other elections. For a county election, a school election, a municipal election, or any other election, the entity authorizing the election shall be billed $87 for each Absentee Voting Board member for each day served plus mileage for one member of each nursing home Absentee Voting Board.
(4) Special-purpose precinct workers. Special-purpose precinct workers, such as Provisional Voting Officers or Registration Officials, shall receive $87 for an election. In addition, a special-purpose precinct worker assigned to a polling place ten miles or more from his or her home may be reimbursed for round-trip mileage from home to the assigned polling place.
(A) Statewide elections. For a statewide election, the State Election Board shall be billed $85 per special-purpose precinct worker. The county shall be billed $2 per special-purpose precinct worker. The State Election Board also shall be billed for any mileage paid to special-purpose precinct workers.
(B) Other elections. For a county election, a school district election, a municipal election or any other election, the entity authorizing the election shall be billed $87 per special-purpose precinct worker. The entity also shall be billed for any mileage paid to special-purpose precinct workers.
(5) Mileage. Mileage is reimbursed at the rate currently allowed by the Internal Revenue Service for a business expense deduction.
(c) When two or more entities hold elections on the same date and two or more of the entities are involved in the same precinct, the cost of Precinct Official and special-purpose precinct worker compensation and mileage reimbursement shall be divided equally among the entities involved in each precinct and the cost of Absentee Voting Board compensation and mileage reimbursement shall be divided equally among all the entities involved in the election. However, if a school district election is held on the same date as a county election, the county shall assume the school district's share of Precinct Official, special-purpose precinct worker, and Absentee Voting Board compensation and mileage.
[Source: Amended at 9 Ok Reg 1231, eff 3-1-92 (emergency); Amended at 9 Ok Reg 2387, eff 7-1-92; Amended at 14 Ok Reg 2631, eff 7-1-97; Amended at 15 Ok Reg 2567, eff 7-1-98; Amended at 16 Ok Reg 534, eff 1-1-99 (emergency); Amended at 16 Ok Reg 2427, eff 7-1-99; Amended at 18 Ok Reg 1874, eff 7-1-01; Amended at 21 Ok Reg 3149, eff 7-22-04 (emergency); Amended at 22 Ok Reg 1884, eff 7-1-05; Amended at 23 Ok Reg 80, eff 9-1-05 (emergency); Amended at 23 Ok Reg 1290, eff 7-1-06]

230:10-7-108. Number and location of polling places
(a) There must be one polling place for each precinct, and that polling place must be located within the geographical boundaries of the precinct. [26:3-120]
(b) The State Election Board is authorized to make exceptions to the requirement that a polling place be located within the geographical boundaries of the precinct. However, exceptions will be granted only in those instances in which it can be shown that compliance is impossible. In order to obtain such an exception, the Secretary must make written application to the State Election Board setting forth the reasons why compliance is not possible and detailing the actions which have been taken to locate a polling place within the boundaries of the affected precinct. The State Election Board will notify the Secretary, in writing, of its decision regarding the request.
(c) Approval of a request to locate a polling place outside precinct boundaries shall be valid for only one calendar year. At the end of the year, if a polling place still cannot be located within the precinct's boundaries, the Secretary of the County Election Board must make another request for an exception. Requests to continue locating a polling place outside precinct boundaries may be approved by the Secretary of the State Election Board.
[Source: Amended at 14 Ok Reg 2621, eff 7-1-97]

230:10-7-111. Liability
Persons, businesses, churches and any other nongovernmental entities providing space for use as a polling place shall not be held liable for any torts (civil lawsuits) arising from any incident occurring in such space during the period when such space is used as a polling place. [26:3-120]

230:10-7-110. Boards to provide polling places
The Board of Education of any school district may, and the governing board of any municipality, shall furnish a room or rooms in any school building or municipal building for use as a polling place at no cost. [26:3-123]
[Source: Amended at 27 Ok Reg 1122, eff 6-1-10]

That's very helpful, thanks! Based on this information, I believe a Precinct Official would have the authority to advise a person of criminal trespass on private property allocated to conduct voting, whether by paid lease or unpaid. I'm still not sure where the voting rights issue comes into the picture, but it should factor into the equation on some level. Just another reason to not force the issue in this particular venue if you ask me.

 

[_CY_]

to me intent is clear .. they don't want firearms around a polling place.
would not want to be test case like 23yr old kid arrested in OKC for open carry into a polling place.

 

[LightningCrash]

Precinct workers are paid, they are not volunteers. The rate of pay is either $97 or $87 per day depending on their position. There is an oath of office for precinct workers. The State enters into a lease for each polling place. That gives them the right to have the polling place open from 7:00a.m. to 7:00p.m. It also gives them the right to control what activites are conducted within the polling place. It's been this way for years. If there wasn't a lease agreement in place then it would leave voters and the State at the whim of the property owner.

Can you cite the lease portion? Thanks.

 

[yukonjack]

Can you cite the lease portion? Thanks.

I don't have time today. See post #127.

http://www.okshooters.com/showthread.php?156762-OC-Arrest/page9

 

[LightningCrash]

I don't have time today. See post #127.

http://www.okshooters.com/showthread.php?156762-OC-Arrest/page9

Does paying rent money make it a lease? Where's the lease?

 

[okiebryan]

to me intent is clear .. they don't want firearms around a polling place.
would not want to be test case like 23yr old kid arrested in OKC for open carry into a polling place.

The intent of the election board is quite clear. However, the Election Board doesn't make state law. The intent of the legislature is far less clear, and is what would matter, IMO.