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SENATE FLOOR VERSION
March 24, 2021
AS AMENDED
ENGROSSED HOUSE
BILL NO. 1752 By: Crosswhite Hader, Fugate,
Roberts (Eric), Davis,
Marti, McDugle, Hill,
Conley, Fetgatter and
Hardin (David) of the House
and
Rader of the Senate
An Act relating to elections; amending 26 O.S. 2011,
Section 4-120.3, as last amended by Section 3,
Chapter 377, O.S.L. 2016 (26 O.S. Supp. 2020, Section
4-120.3), which relates to cancellation of
registration of deceased persons; providing for
cancellation by cert ain time; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 26 O.S. 2011, Section 4 -120.3, as
last amended by Section 3, Chapter 377, O.S.L. 2016 (26 O.S. Sup p.
2020, Section 4-120.3), is amended to read as f ollows:
Section 4-120.3. A. The State Department of Health shall each
month transmit to the Secretary of the State Election Board a
certified list of all deaths of residents that have occurred within
the state for the immediately preceding month. The Sec retary of the
State Election Board shall transmit such list to the secretary of
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the county election board who shall then use such the list to
ascertain those voters who are deceased, and shall thereafter remove
such deceased person's name from the central registry and voter
registration database within thirty (30) days from the date the list
was received by the county election board . Such list shall be used
only for the purposes hereinbefore described.
B. The registration of a deceased voter may be cancel ed by the
secretary of a county election board upon the receipt of a certified
copy of a death certificate from any person or upon the execution by
the next of kin of such deceased voter of a form and upon the nature
of proof of the fact thereof as prescri bed by the Secretary of the
State Election Board. Such form must be executed in person by the
deceased voter's next of kin at the county election board office, in
which case it shall be witnessed by the s ecretary or other
designated employees, at the dece ased voter's precinct polling place
or at the next of kin's precinct polling place in the same county on
the day of any election, in which case it shall be witnessed by the
inspector of such precinct, or t he form may be personally signed by
the next of kin, such signature to be notarized by a notary public
or witnessed by two persons whose signatures and addresses shall
appear on the form, and returned to the county election board.
C. The administrator of a nursing facility, as defined in
Section 1-1902 of Title 63 of the Oklahoma Statutes, or the
administrator of a veterans center established pursuant to Title 72
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of the Oklahoma Statutes, also may execute a form prescribed by the
Secretary of the State Ele ction Board to notify the secretary of the
county election board of the death of a nursing facility resident
who is a registered voter. The administrator's signature on such
form shall be witnessed by a member of the nursing home absentee
voting board, shall be notarized or shall be witnessed by two
persons whose signatures and addresses shall appear on the form.
D. A funeral director, as defined in Section 396.2 of Title 59
of the Oklahoma Statutes, may execute a form prescribed by the
Secretary of the State Election Board to notify the secretary o f the
county election board of the death of a resident of the county. The
funeral director's signature on such form either shall be notarized
or shall be witnessed by two persons whose signatures and addresses
shall appear on the form. Upon receipt of su ch form or any notice
setting forth substantially the same facts and witnessed or
notarized as provided in this section, the secretary of the county
election board shall be authorized to cancel the voter registr ation
of such deceased person.
E. The registration of a deceased voter who was a member of the
Oklahoma National Guard or the armed forces of the United States and
who died in the line of duty may be canceled by the secretary of a
county election board up on the receipt of notification of the
voter's death from the Oklahoma National Guard or the armed forces
of the United States. The Secretary of the State Election Board may
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prescribe the forms of such notification to be accepted by the
county election board in order to cause the registration of the
voter to be canceled. The Secretary shall further request the
Oklahoma National Guard and the armed forces of the United States to
provide notifications to the county election board as provided for
in this section.
F. The Secretary of the State Election Board is authorized to
obtain official death records from the Social Security
Administration and from other states. The Secretary of the State
Election Board may compare such death records against the state's
voter registration database. Any possible mat ch of a death record
to a registered voter shall be transmitted to the secretary of the
county election board in the county in which the voter is
registered. The secretary of the county election board shall
ascertain any voter who is deceased, and shall r emove such deceased
person's name from the central registry and voter registration
database.
SECTION 2. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON RULES
March 24, 2021 - DO PASS AS AMENDED