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3. Use paper ballots for the General Election."
Based upon this fact situation you ask:

"Which of the three possibilities should Tulsa
County Election Board be advised to adopt in
order to conform to Oklahoma law relating to
voting machines?"

The specifications for a voting machine to be used in elections in Oklahoma are set out in 26 0.S. 1961, § 274, which in part provides:

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It

"A voting machine to be used must be so con-
structed as to provide facilities for voting
for candidates at both primary and general
elections or at a nonpartisan election and
also at a combination of a nonpartisan and
partisan primary or general election.
must permit a voter to vote for any person,
whose name is entitled to appear on the ballot,
for any office whether or not nominated as a
candidate by any party or organization. It
must be so constructed as to permit straight
party voting as well as mixed or split tickets."
(Emphasis added)

From the facts supplied by you it appears that the voting machines in use by the Tulsa County Election Board do not meet the specifications for their use at the coming General Election to be held November 3, 1970. Such machines are not so constructed as to permit straight party voting when there are candidates from more than two political parties seeking election.

It is therefore the opinion of the Attorney General you should advise the Tulsa County Election Board paper ballots must be used in the coming General Election to be held November 3, 1970.

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(9-30) 70-300. State Election Board.

You should advise the

Tulsa County Election Board paper ballots must be used in the coming General Election to be held November 3, 1970. (W. J. Monroe)

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