Oklahoma Notary Absentee Ballot

The Free-of-Charge Rule

Under 49 O.S. § 5, Oklahoma notaries are prohibited from charging any fee for notarizing an absentee ballot affidavit. This means the usual $5 maximum fee does not apply to this service — the statutory amount is $0. Charging even a nominal fee for an absentee ballot notarization is a misdemeanor offense and grounds for commission revocation.

This rule applies regardless of how the notarization occurs. If a voter comes to your office, if you travel to their home as a mobile notary, or if the ballot is presented in any other setting, the notarization of the absentee ballot affidavit itself must be free. You can still charge separately for travel or convenience fees if you are a mobile notary making a house call, but the notarial act on the ballot is at no cost.

The 20-Signature Limit

Oklahoma law limits a notary to notarizing no more than 20 absentee ballot affidavits per election cycle. This cap exists to prevent ballot harvesting — a single notary amassing large volumes of absentee ballot signatures.

The 20-signature limit applies statewide per notary, per election. If you notarize 15 absentee ballots in Oklahoma County and then 5 in Tulsa County for the same election, you have hit the cap.

A notary can request an exemption from the 20-signature limit through the county election board secretary. Do not rely on an exemption until that secretary confirms that it applies to your situation.

Recordkeeping Requirements

Although Oklahoma does not mandate a notarial journal for most traditional notarizations, absentee ballot notarizations carry a specific recordkeeping obligation. The notary must maintain a log of all absentee ballot affidavits notarized for at least two years. This log should include the date, voter's name, and the election for which the ballot was notarized.

This two-year retention requirement is separate from the general recommendation to keep a voluntary journal of all notarial acts. If you are audited or if a dispute arises about a ballot, the log is your evidence that you stayed within the 20-signature limit and performed each notarization properly.

Remote Online Notarization Does Not Apply

Absentee ballot affidavits cannot be notarized via remote online notarization (RON) in Oklahoma. The voter must appear in person before the notary with their physical ballot and identification.

What to Do if a Voter Asks

If a voter approaches you with an absentee ballot, your process is:

1. Verify their identity using acceptable government-issued photo ID
2. Have the voter sign the affidavit in your presence and follow the ballot's instructions for the required certificate
3. Administer any oath or affirmation required by the certificate
4. Complete the notarial certificate on the ballot
5. Apply your seal
6. Record the notarization in your absentee ballot log
7. Do not charge any fee for the notarial act

If you have already notarized 20 absentee ballots for that election and do not have a waiver, you must decline the request and direct the voter to another notary.

For a complete overview of Oklahoma notarial acts, fee caps, and recordkeeping obligations, see the Oklahoma Notary Commission guide.

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