Old	New	Differences
1	1
2	2
3	3	Req. No. 6914 Page 1 1
4	4	2
5	5	3
6	6	4
7	7	5
8	8	6
9	9	7
10	10	8
11	11	9
12	12	10
13	13	11
14	14	12
15	15	13
16	16	14
17	17	15
18	18	16
19	19	17
20	20	18
21	21	19
22	22	20
23	23	21
24	24	22
25	25	23
26	26	24
27	27
28	28	STATE OF OKLAHOMA
29	29
30	30	1st Session of the 58th Legislature (2021)
31	31
32	32	HOUSE BILL 1946 By: Munson
33	33
34	34
35	35
36	36
37	37
38	38	AS INTRODUCED
39	39
40	40	An Act relating to elections; amending 26 O.S. 2011,
41	41	Section 14-115.4, as last amended by Section 1,
42	42	Chapter 130, O.S.L. 2017 (26 O.S. Su pp. 2020, Section
43	43	14-115.4), which relates to in -person absentee
44	44	voting; requiring designation of voting location; and
45	45	providing an effective date.
46	46
47	47
48	48
49	49
50	50	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
51	51	SECTION 1. AMENDATORY 26 O.S. 2011, Section 14 -115.4, as
52	52	last amended by Section 1, Chapter 130, O.S.L. 2017 (26 O.S. Supp.
53	53	2020, Section 14-115.4), is amended to read as follows:
54	54	Section 14-115.4 A. 1. A registered voter may apply for an
55	55	in-person absentee ballot at a location designated by the secretary
56	56	of the county election board from 8 a.m. to 6 p.m. on Thursday and
57	57	Friday immediately preceding any election and from 9 a.m. to 2 p.m.
58	58	on Saturday immediately preceding a state or federal election. As
59	59	part of the application for an in-person absentee ballot such
60	60	registered voter shall swear or affirm that the voter has not voted
61	61	a regular mail absentee ballot and that the voter will not vote at
62	62
63	63	Req. No. 6914 Page 2 1
64	64	2
65	65	3
66	66	4
67	67	5
68	68	6
69	69	7
70	70	8
71	71	9
72	72	10
73	73	11
74	74	12
75	75	13
76	76	14
77	77	15
78	78	16
79	79	17
80	80	18
81	81	19
82	82	20
83	83	21
84	84	22
85	85	23
86	86	24
87	87
88	88	the regular polling place in the election for which the in -person
89	89	absentee ballot is requested.
90	90	2. The secretary of the county election board in counties with
91	91	twenty-five thousand (25,000) or more registered voters, or with an
92	92	area in excess of one thousand five hundred (1,500) square miles,
93	93	may shall designate more than one loca tion as an in-person absentee
94	94	polling place for an election, subject to the approval of and
95	95	pursuant to the rules and procedures prescribed by the Secretary of
96	96	the State Election Board.
97	97	B. 1. The voter also shall provide proof of identity as
98	98	defined in Section 7-114 of this title. If the voter declines to or
99	99	is unable to produce proof of identity, the voter may sign a
100	100	statement under oath, in a form approved by the Secretary of the
101	101	State Election Board, swearing or affirming that the person is the
102	102	person identified on the precinct registry, and shall be allowed to
103	103	cast a provisional ballot as provided in Section 7 -116.1 of this
104	104	title.
105	105	2. False swearing or affirming under oath shall be punishable
106	106	as a felony as provided in Section 16 -103 of this title, an d the
107	107	penalty shall be distinctly set forth on the face of the statement.
108	108	C. One or more absentee voting boards shall be on duty at the
109	109	in-person absentee polling place on the days and during the hours
110	110	set forth in subsection A of this section. If the se cretary of a
111	111	county election board receives an application from a registered
112	112
113	113	Req. No. 6914 Page 3 1
114	114	2
115	115	3
116	116	4
117	117	5
118	118	6
119	119	7
120	120	8
121	121	9
122	122	10
123	123	11
124	124	12
125	125	13
126	126	14
127	127	15
128	128	16
129	129	17
130	130	18
131	131	19
132	132	20
133	133	21
134	134	22
135	135	23
136	136	24
137	137
138	138	voter requesting to vote by in -person absentee ballot the secretary
139	139	shall cause to be implemented the following procedures:
140	140	1. An absentee voting board shall provide to each regi stered
141	141	voter who applies for an in -person absentee ballot appropriate
142	142	ballots and materials as may be necessary to vote;
143	143	2. The voter must sign an in -person absentee voter record, and
144	144	the signature of the voter on such record must be certified by both
145	145	members of the absentee voting board, except that the secretary of
146	146	the county election board and one other member of the absentee
147	147	voting board may certify the signature of another member of the
148	148	absentee voting board;
149	149	3. The voter must mark the ballots of the voter in the manner
150	150	provided by law in the presence of the absentee voting board, but in
151	151	such a manner as to make it impossible for any person other than the
152	152	voter to ascertain how such ballots are marked. Insofar as is
153	153	possible, the voting procedure sha ll be the same as if the voter
154	154	were casting a vote in person at a precinct;
155	155	4. The voter shall then deposit the ballot in a voting device
156	156	designated for in-person absentee voting by the secretary of the
157	157	county election board;
158	158	5. When the in-person polling place is closed on each day of
159	159	in-person absentee voting the in -person absentee voting board shall,
160	160	without obtaining a printout of results, remove the electronic
161	161	results storage media from the voting device and seal ballots
162	162
163	163	Req. No. 6914 Page 4 1
164	164	2
165	165	3
166	166	4
167	167	5
168	168	6
169	169	7
170	170	8
171	171	9
172	172	10
173	173	11
174	174	12
175	175	13
176	176	14
177	177	15
178	178	16
179	179	17
180	180	18
181	181	19
182	182	20
183	183	21
184	184	22
185	185	23
186	186	24
187	187
188	188	counted that day in a transfe r case which shall be secured by the
189	189	sheriff of the county in the same manner as provided in Section 8 -
190	190	110 of this title. The electronic results storage media shall be
191	191	sealed in a container prescribed by the Secretary of the State
192	192	Election Board. The she riff shall secure the sealed electronic
193	193	results storage media container and return it to the in -person
194	194	absentee voting board no later than 7:45 a.m. on the next day of in -
195	195	person absentee voting or to the secretary of the county election
196	196	board at the time of the county election board meeting to count
197	197	absentee ballots on election day; and
198	198	6. If there is a malfunction in such a way that the electronic
199	199	results storage media used for in -person absentee voting will not
200	200	function, the sheriff is authorized to retu rn the transfer cases
201	201	containing in-person absentee ballots to the county election board
202	202	to be recounted as provided in Section 7 -134.1 of this title.
203	203	SECTION 2. This act shall become effective November 1, 2021.
204	204
205	205	58-1-6914 LRB 12/30/20

Oklahoma 2022 Regular Session

Oklahoma House Bill HB1946 Compare Versions