It is not known which candidate would have received the seven provisional ballots under question.
“My concern is, and the reason we did this is, I want to make sure everyone who voted and is a legal voter got their vote counted,” Roberts said. “And part of that might be the new voter ID laws, but I don’t think all of the votes counted that should count.”
Roberts said she does not feel the election board staff were unfair to her. Most of the staff worked under Roberts for years.
“I do know some of the staff and I think they’re very good,” Roberts said. “I think some things have happened that are outside their control.”
Bledsoe said that the state’s administrative code requiring the address on the provisional ballot affidavit match the voter registration address is unsupported by state statute. He further argued that the rule is unconstitutional because people who voted provisionally were treated differently than those who simply presented an ID and voted.
For example, while the voter ID card has an address, a voter may use a driver’s license with a photo and an expiration date, but the address does not have to match the address of the voter registration records. The name must match, but the address does not have to match.
Other items listed on the petition as irregularities include claims that special considerations granted to military and overseas voters must be allowed to all voters according to Oklahoma’s constitutional requirement that all voters be treated the same.
“The only thing that we learned in there (in court on Tuesday) is that some people tried to commit voter fraud and apparently our system prevented it,” said Stiles of the provisional ballots that were not counted.
In addition to testimony by Pretty and by Cleveland County Election Board Chair Lisa Shrieves, a voter who sent in an absentee ballot said she believed she was sent the wrong ballot. Jamie Jennings said she and her husband mailed in their ballots and she believes the Roberts and Stiles race was on their ballots.