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ENGROSSED SENATE AMENDMENTS
TO
ENGROSSED HOUSE
BILL NO. 1711 By: Hill and Turner of the
House
and
Rosino of the Senate
[ elections - allowing blind or visually impaired
persons to request certain ballot electronically -
providing for return of ballot - prohibiting return
of ballot electronically - providing for processing
of ballot - effective date ]
AMENDMENT NO. 1. Page 1, strike the stricken title, enacting clause
and entire bill and insert
“An Act relating to absentee ballots; authoriz ing
blind persons to request electronic delivery of
accessible absentee ballot; requiring State Election
Board Secretary to prescribe accessible absentee
voting packet for blind persons; authorizing
electronic delivery of certain packet; establishing
procedures for marking and returning of certain
absentee ballots; prohibiting electronic return of
absentee ballots; allowing request for certain
assistance; providing for processing of certai n
absentee ballots; creating felony offense for
fraudulent applicatio n for certain absentee ballot;
authorizing promulgation of certain rules and
procedures by State Election Board Secretary;
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providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 14 -115.12 of Title 26, unless
there is created a duplication in numbering, reads as follows:
A. 1. A registered voter who swears or a ffirms that the voter
is physically unable to vote in person at the voter ’s precinct on
the day of the election because the voter is a blind person as
defined by Section 72 of Title 7 of the Oklahoma Statutes may
request that an accessible absentee ballot be delivered to the voter
electronically in a manner prescribed by the Secretary of the State
Election Board. A system for electronic delivery of absentee
ballots to voters who are blind persons may include the same or
similar requirements as the electron ic delivery system authorized
for uniformed services voters as set forth in Section 14-118 of
Title 26 of the Oklahoma Statutes.
2. An accessible absentee voting packet for voters who are
blind persons, which shall include all necessary materials except
the absentee ballot, shall be prescribed by the Secretary of the
State Election Board. The accessible absentee voting packet may be
delivered to the voter by United States mail or electro nically.
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B. 1. The electronic delivery system may provide the voter the
opportunity to use the voter’s personal computer to mark an
accessible absentee ballot privately and independently and then
print the marked ballot.
2. The absentee ballot shall b e accompanied by an absentee
ballot affidavit, which shall be executed in the same manner as
provided for affidavits in Section 14-113.2 of Title 26 of the
Oklahoma Statutes.
3. The voter shall return the absentee ballot and executed
affidavit to the secr etary of the county election board in the same
manner provided in Sect ion 14-113.2 of Title 26 of the Oklahoma
Statutes. Nothing in this section shall allow for an absentee
ballot to be returned to the county election board electronically,
and no absentee ballot returned electronically shall be eligible to
be counted by a county election board.
C. A registered voter who is a blind person as defined by
Section 72 of Title 7 of the Oklahoma Statutes may choose to request
the assistance of another person to complete any requirements of
this section, as pro vided in Section 7-123.3 of Title 26 of the
Oklahoma Statutes.
D. Upon return of an absentee ballot described in this section,
the secretary of the county election board shall cause it to be
processed in the same manner as prescribed by law for other abse ntee
ballots.
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E. Any person who is not qualified for the electronic de livery
of an absentee ballot as provided in this section, but who applies
for an absentee ballot described in this section, shall be deemed
guilty of a felony as provided in Section 16 -102.2 of Title 26 of
the Oklahoma Statutes.
F. The Secretary of the St ate Election Board may promulgate
rules or procedures to implement the requirements of this section.
SECTION 2. This act shall become effective July 1, 2023.”
Passed the Senate the 28th day of April, 2022.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2022.
Presiding Officer of the House
of Representatives
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ENGROSSED HOUSE
BILL NO. 1711 By: Hill and Turner of the
House
and
Rosino of the Senate
[ elections - allowing blind or visually impaired
persons to request certain ballot electronically -
providing for return of ballot - prohibiting return
of ballot electronically - providing for processing
of ballot - effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 14 -115.12 of Title 26, unless
there is created a duplication in numbering, reads as follows:
A. 1. A registered voter who swears or affirms that the voter
is physically unable to vote in person at the voter's precinct on
the day of the election because the voter is blind or visually
impaired may request that an accessible absentee ballot be deli vered
to the voter electronically in a manner prescribed by the Secretary
of the State Election Board.
2. An accessible absentee voting packet for blind or visually
impaired voters, which shall include all necessary materials except
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the absentee ballot, s hall be prescribed by the Secretary of the
State Election Board. The accessible absentee voting packet may be
delivered to the voter by United States mail or electro nically.
B. 1. The electronic delivery system shall provide the voter
the opportunity to use the voter's personal computer to mark an
accessible absentee ballot privately and independently and then
print the marked ballot.
2. The absentee ballot shall b e accompanied by an absentee
ballot affidavit, which shall be executed in the same manner as
provided for affidavits in Section 14 -113.2 of Title 26 of the
Oklahoma Statutes.
3. The voter shall return the absentee ballot and executed
affidavit to the secr etary of the county election board in the same
manner provided in Section 14 -113.2 of Title 26 of the Oklahoma
Statutes. Nothing in this section shall allow for an absentee
ballot to be returned to the county election board electronically,
and no absentee ballot returned electronically shall be eligible to
be counted by a county election board .
C. A registered voter who is blind or visually impaired may
choose to request the assistance of another person to complete any
requirements of this section, as pro vided in Section 7-123.3 of
Title 26 of the Oklahoma Statutes.
D. Upon return of an absen tee ballot described in this section,
the secretary of the county election board shall cause it to be
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processed in the same manner as prescribed by law for other abse ntee
ballots.
E. Any person who is not blind or visually impaired according
to state law, but who applies for an absentee ballot described in
this section, shall be deemed guilty of a felony as provided in
Section 16-102.2 of Title 26 of the Oklahoma Stat utes.
F. The Secretary of the State Election Board may promulgate
rules or procedures to implement the requirements of this section.
SECTION 4. This act shall become effective November 1, 2021.
Passed the House of Representatives the 22nd day of February,
2021.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2021.
Presiding Officer of the Senate