Oklahoma 2022 Regular Session

Oklahoma House Bill HB1843 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	HB1843 HFLR Page 1
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	3	+	Req. No. 6887 Page 1 1
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29		-	HOUSE OF REPRESENTATIVES - FLOOR VERSION
30		-
31	28		STATE OF OKLAHOMA
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33	30		1st Session of the 58th Legislature (2021)
34	31
35		-	HOUSE BILL 1843 By: Fugate ~~and Blancett~~
	32	+	HOUSE BILL 1843 By: Fugate
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41	38		AS INTRODUCED
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43	40		An Act relating to elections; amending 26 O.S. 2011,
44	41		Section 7-116.1, which relates to provisional
45	42		ballots; authorizing absentee voter to cast certain
46	43		provisional ballot; providing exceptions; providing
47	44		for codification; and providing an effective date.
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53	50		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
54	51		SECTION 1. AMENDATORY 26 O.S. 2011, Section 7 -116.1, is
55	52		amended to read as follows:
56	53		A. Provisional ballots shall be available for all elections
57	54		conducted by the county election board. Provisional ballots shall
58	55		include all offices, candidates and questions and shall be identical
59	56		to the regular ballots for each precinct. The Secretary of the
60	57		State Election Board shall promulgate rules and shall prescribe
61	58		materials necessary for the implementation of provisional ballots.
62	59		B. Persons who are not listed in the precinct registry, but who
63	60		claim to be registered voters in the precinct and eligible to vote
64	61		in the election, shall be entitled to vote a provisional ballot upon
	62	+	execution of an affidavit prescribed by the Secretary of the State
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66		-	HB1843 HFLR Page 2
67		-	BOLD FACE denotes Committee Amendments. 1
	64	+	Req. No. 6887 Page 2 1
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92		-	execution of an affidavit prescribed by the Secretary of the State
93	89		Election Board. Registered voters required to show identification,
94	90		as described in Section 7-114, 14-115.4 or 14-121 of this title and
95	91		who are unable to show one of the acceptable forms of identification
96	92		described in such sections, shall be entitled to cast a provisional
97	93		ballot. Persons identified in Section 14 -121 of this title shall be
98	94		entitled to vote a provisional ballot upon execution of an affidavit
99	95		prescribed by the Secretary of the State Election Board. Persons
100	96		who are listed in the precinct registry for a partisan primary
101	97		election, but who dispute the political aff iliation indicated by
102	98		such precinct registry, shall be entitled to vote a provisional
103	99		ballot for a party other than the one indicated. However, such
104	100		provisional ballot shall be counted only if evidence is found by the
105	101		secretary of the county election boar d of the voter’s valid voter
106	102		registration in the party for which the provisional ballot was cast.
107	103		Persons described in Section 2 of this act shall be entitled to cast
108	104		a provisional ballot.
109	105		C. Provisional ballots shall be segregated from the regular
110	106		ballots cast in the precinct in the manner prescribed by the
111	107		Secretary of the State Election Board and shall not be inserted in
112	108		the precinct voting device. Information provided by a person who
113	109		votes a provisional ballot shall be investigated by the secretary of
114	110		the county election board after the election. A provisional ballot
115	111		shall be counted only if it is cast in the precinct of the voter’s
	112	+	residence and if evidence of the provisional voter’s valid voter
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117		-	HB1843 HFLR Page 3
118		-	BOLD FACE denotes Committee Amendments. 1
	114	+	Req. No. 6887 Page 3 1
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143		-	residence and if evidence of the provisional voter’s valid voter
144	139		registration, or of the voter’s identity, is found, exc ept a
145	140		provisional ballot cast by a voter identified in Section 14 -121 of
146	141		this title shall be counted.
147	142		D. No information concerning provisional ballots, except the
148	143		number of provisional ballots cast in the county, shall be made
149	144		public by any election offic ial prior to 1:00 p.m. on Friday
150	145		following the election. The county sheriff shall secure sealed
151	146		ballot transfer cases containing provisional ballots that have been
152	147		counted after 1:00 p.m. on Friday following the election until 5:00
153	148		p.m. on Tuesday next su cceeding the election or, in the event a
154	149		recount contest is filed, until such times as the transfer cases
155	150		are delivered to the district courtroom.
156	151		E. In the event that the secretary of any county election board
157	152		is unable to complete the investigation and verification of
158	153		provisional ballots by 1:00 p.m. on Friday following the election,
159	154		the Secretary of the State Election Board shall be authorized to
160	155		extend the period for the investigation and verification of
161	156		provisional ballots. When such an extension is required by any
162	157		county for a statewide election, the extension shall apply
163	158		statewide. The Secretary shall promulgate rules establishing
164	159		procedures for requesting and granting such extensions.
165	160		F. All materials used for procuring and casting a provisional
166	161		ballot shall be retained by the secretary of the county election
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168		-	HB1843 HFLR Page 4
169		-	BOLD FACE denotes Committee Amendments. 1
	163	+	Req. No. 6887 Page 4 1
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194	188		board for a period of twenty -four (24) months after the day of the
195	189		election.`
196	190		SECTION 2. NEW LAW A new section of law to be codified
197	191		in the Oklahoma Statutes as Secti on 14-134.1 of Title 26, unless
198	192		there is created a duplication in numbering, reads as follows:
199	193		An absentee voter may cast a n in-person provisional ballot
200	194		pursuant to Section 7 -116.1 of Title 26 of the Oklahoma Statutes on
201	195		election day at the polling place for the precinct to which the
202	196		voter is assigned or at an in-person absentee voting site in the
203	197		county where the voter is registered to vote during the in -person
204	198		absentee voting period if:
205	199		1. The ballot of the absentee voter has not been received by
206	200		the county election board by election day; provided , the provisional
207	201		ballot shall only be counted if the secretary of the county e lection
208	202		board confirms that the absentee ballot was not rec eived by the
209	203		statutory deadline; or
210	204		2. The absentee voter received a notice of rejection on or
211	205		before election day; provided, the provisional ballot shall only be
212	206		counted if the secretary of the county election board confirms that
213	207		the absentee ballot was rejected.
214	208		SECTION 3. This act shall become effective Nov ember 1, 2021.
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216		-	COMMITTEE REPORT BY: COMMITTEE ON ELECTIONS AND ETHICS, dated
217		-	02/11/2021 - DO PASS, As Coauthored.
	210	+	58-1-6887 LRB 01/16/21