An Act
ENROLLED HOUSE
BILL NO. 1752 By: Crosswhite Hader, Fugate,
Roberts (Eric), Davis,
Marti, McDugle, Hill,
Conley, Fetgatter, Hardin
(David), Stark and Pittman
of the House
and
Rader, Bullard, Jett and
Pederson of the Senate
An Act relating to e lections; 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 certain time; amending 30 O.S. 2011,
Section 3-113, as amended by Section 1, Chapter 86,
O.S.L. 2019 (30 O.S. Supp. 2020, Section 3 -113),
which relates to specific determinations of capacity;
requiring court to issue findings of fact on certain
capacity; and providing an effective date.
SUBJECT: Elections
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. Supp.
2020, Section 4-120.3), is amended to read as follows:
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 Secretary of the ENR. H. B. NO. 1752 Page 2
State Election Board shall transmit such list to the secretary of
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 canceled 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 prescribed 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 secretary or o ther
designated employees, at the deceased 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 the form may b e 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 fa cility, 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
of the Oklahoma Statutes, also may execute a form prescribed by the
Secretary of the State Election 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 notar ized 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 Electi on Board to notify the secretary of 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 such form or any notice
setting forth substantially the same facts and witnessed or
notarized as provided in this section, the secretary of the county ENR. H. B. NO. 1752 Page 3
election board shall be authorized to cancel the voter registration
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 upon the rec eipt 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
prescribe the forms of such notification to be accepted by the
county election board in orde r 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 match 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 remove such deceased
person's name from the central registry and voter registration
database.
SECTION 2. AMENDATORY 30 O.S. 2011, Section 3 -113, as
amended by Section 1, Chapter 86, O.S.L. 2019 (30 O.S. Supp. 2020,
Section 3-113), is amended to read as follows:
Section 3-113. A. The order appointing a guardian, based upon
evidence adduced, shall set forth:
1. The determinations made by the court at the hearing;
2. The name and address of t he individual, if any, appointed to
serve as the limited guardian or guardian;
3. The specific limitations imposed upon the ward, if the ward
is a partially incapacitated person;
ENR. H. B. NO. 1752 Page 4
4. Any authority granted a guardian of the person of the ward
to change the place of abode of the ward outside of the state or
county without the prior permission of the court; and
5. Findings of fact as to whether the ward retains sufficient
capacity to vote; and
6. Whenever the court determines a review hearing is necessa ry
or desirable, the date of the review hearing.
B. In establishing the specific limitations on the legal
activities of a ward for whom a limited guardian of the person is
appointed, the court shall make specific determinations regarding
the capacity of the subject of the proceeding, including but not
limited to determining whether the ward retains sufficient capacity:
1. To vote;
2. To serve as a juror;
3. To operate a motor vehicle;
4. To be licensed or continue to practice any profession of the
ward; and
5. To make personal medical decisions including but not limited
to decisions to withhold or withdraw life -sustaining procedures, to
receive hospice services through a home or inpatient hospice
program, to donate organs, to undergo elective sur gery, or to
consent to routine or necessary medical or other professional care,
treatment or advice.
C. In establishing the specific limitations on the legal
abilities of a ward for whom a limited guardian of the property is
appointed, the court shall ma ke specific determinations regarding
the capacity of the subject of the proceeding, including but not
limited to determining whether the ward retains sufficient capacity
to:
1. Appoint an agent to act on his behalf;
2. Enter into contracts;
3. Grant conveyances; or
ENR. H. B. NO. 1752 Page 5
4. Make gifts of property.
D. If not submitted with the petition or at the hearing, the
guardian or limited guardian shall submit a guardianship plan as
required by Section 3 -120 or 3-122 of this title, or both, as
appropriate and a cop y of said plan shall be mailed to those persons
entitled to notice pursuant to paragraphs 1, 2, 3 and 7 of
subsection A of Section 3 -110 of this title. The guardianship plan
as approved by the court shall be made a part of the order of the
court. Said plan may be modified as provided by this act.
E. The court may, in its discretion, make such further orders
as the court deems necessary for the best interest of the ward for
care of the ward and maintenance or management of the ward’s
property, including but not limited to:
1. Order the guardian of the property of the ward to provide
the ward from such property with specified amounts of money,
monthly, or from time to time, which the ward may dispose of as the
ward shall determine and for which, other th an a showing of the
amounts paid to the ward, the guardian will not be required to
account. Such order may be modified upon application of the
guardian or any interested person, and a hearing conducted thereon,
with notice of the hearing on such applicati on to be given to those
persons entitled to notice pursuant to paragraphs 1, 2, 3 and 7 of
subsection A of Section 3 -110 of this title and shall be given as
provided in Section 3 -110 of this title; and
2. The amount of the bond as required by Section 4 -201 of this
title.
SECTION 3. This act shall become effective November 1, 2021.
ENR. H. B. NO. 1752 Page 6
Passed the House of Representatives the 19th day of May, 2021.
Presiding Officer of the House
of Representatives
Passed the Senate the 24th day of May, 2021.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________