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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 58th Legislature (2021)
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32	32	HOUSE BILL 2103 By: Turner
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38	38	AS INTRODUCED
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40	40	An Act relating to elections; creating the Oklahoma
41	41	Restoration of Voting Rights Act; modifying voting
42	42	rights of convicted felons sentenc ed to
43	43	incarceration; authorizing the court to notify
44	44	certain persons of their loss of voting rights for a
45	45	certain period of time; authorizing the Secretary of
46	46	the State Election Board to develop certain programs
47	47	to educate certain persons about the require ments of
48	48	this act; authorizing the Secretary of the State
49	49	Election Board to promulgate rules; amending 26 O.S.
50	50	2011, Section 4-120, which relates to voter
51	51	registration; modifying reasons for cancellation of
52	52	voter registration; requiring the Department of
53	53	Corrections to transmit certain lists to the State
54	54	Election Board; stating information to be included on
55	55	certain lists; requiring the Secretary of the State
56	56	Election Board to notify county election boards of
57	57	the cancellation of certain registrations; requir ing
58	58	the Secretary of the State Election Board to notify
59	59	county election boards of the reinstatement of
60	60	certain persons eligible and registered to vote;
61	61	providing that certain persons not be civilly liable
62	62	for certain actions; providing retroactive
63	63	application to certain persons eligible to vote;
64	64	granting certain authority to State Election Board
65	65	and State Board of Corrections; repealing 26 O.S.
66	66	2011, Section 4-120.4, which relates to cancellation
67	67	of registration of convicted felons; providing for
68	68	codification; providing for noncodification; and
69	69	providing an effective date.
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74	74	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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101	101	SECTION 1. NEW LAW A new section of law not to be
102	102	codified in the Oklahoma Statutes reads as follow s:
103	103	This act shall be known and may be cited as the "Oklahoma
104	104	Restoration of Voting Rights Act ".
105	105	SECTION 2. NEW LAW A new section of law to be codified
106	106	in the Oklahoma Statutes as Section 4 -101.1 of Title 26, unless
107	107	there is created a duplication in numbering, reads as follows:
108	108	A. Before accepting a plea of guilty or nolo contendere to a
109	109	felony, and before imposing sentence for such a felony after trial,
110	110	the court shall notify the defendant that conviction will result in
111	111	loss of the right to vote only if and for as long as the person is
112	112	incarcerated and that voting rights are restored upon release.
113	113	B. The Secretary of the State Election Board shall ensure that
114	114	persons who become eligible to vote upon their release from
115	115	incarceration face no continued barriers to registration or voting
116	116	resulting from their felony convictions.
117	117	C. The Secretary of the State Election Board shall develop and
118	118	implement a program to educate attorneys, judges, election
119	119	officials, corrections officials, inclu ding parole and probation
120	120	officers, and members of the public about the requirements of this
121	121	section and Section 4 -101 of Title 26 of the Oklahoma Statutes
122	122	ensuring that:
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149	149	1. Judges are informed of their obligation to notify criminal
150	150	defendants of the pote ntial loss and restoration of their voting
151	151	rights, in accordance with subsection A of this section;
152	152	2. The Department of Corrections and, subject to their
153	153	agreement, federal correctional institutions in Oklahoma, are
154	154	prepared to assist people with registe ring to vote in anticipation
155	155	of their release, including by forwarding their completed voter
156	156	registration forms to the county election boards;
157	157	3. The language on voter registration forms makes clear that
158	158	people are disqualified from voting while incarcera ted on felony
159	159	convictions and that they regain the right to vote when released
160	160	from incarceration;
161	161	4. The Department of Corrections and, subject to their
162	162	agreement, federal correctional institutions in Oklahoma are
163	163	prepared to transmit to the Secretary of State the information
164	164	specified in Section 4 of this act;
165	165	5. The staff of the State Election Board and the secretaries of
166	166	county election boards are prepared both to purge and to restore
167	167	names to the Oklahoma Election Management System in accordance with
168	168	Section 4 of this act; and
169	169	6. Accurate and complete information about the voting rights of
170	170	people who have been charged with or convicted of crimes, whether
171	171	disfranchising or not, is made available through a single
172	172	publication to government officials and the public.
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199	199	D. The Secretary of the State Election Board shall promulgate
200	200	rules as necessary to implement this section.
201	201	SECTION 3. AMENDATORY 26 O.S. 2011, Section 4 -120, is
202	202	amended to read as follows:
203	203	Section 4-120. The registration of any registered voter may be
204	204	cancelled only for one of the following reasons:
205	205	1. Written notice from the voter; death;
206	206	2. Death;
207	207	3. Incarceration upon conviction of a felony; judicial
208	208	4. Judicial determination of mental incapacitation under Titl e
209	209	30 of the Oklahoma Statutes; registration
210	210	5. Registration in another county or state; or failure
211	211	6. Failure to respond to a confirmation of address mailing ; and
212	212	failure
213	213	7. Failure to vote as prescribed in Section 21 4-120.2 of this
214	214	act title.
215	215	SECTION 4. NEW LAW A new section of law to be codified
216	216	in the Oklahoma Statutes as Section 4 -120.11 of Title 26, unless
217	217	there is created a duplication in numbering, reads as follows:
218	218	A. The Department of Corrections and, subject to their
219	219	agreement, federal correctional institutions in Oklahoma shall, on
220	220	or before the fifteenth day of each month, transmit to the Secretary
221	221	of the State Election Board two lists. The first list shall contain
222	222	the following information about persons age eighteen (18) or older
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249	249	who, during the preceding period, have become ineligible to vote
250	250	because of their conviction of a felony. The second list shall
251	251	contain the following information about persons age eighteen (18) or
252	252	older who, during the preceding period, hav e become eligible to vote
253	253	because of their release from incarceration:
254	254	1. Name;
255	255	2. Date of birth;
256	256	3. Last-known address with county of residence;
257	257	4. Date of conviction; and
258	258	5. If known, the driver license number or the last four digits
259	259	of the Social Security number.
260	260	B. The Secretary of the State Election Board shall cause the
261	261	voter registrations of persons who are ineligible to vote because of
262	262	their conviction of a felony to be canceled in the county of the
263	263	person's residence, and shall notify the sec retary of the
264	264	appropriate county election board of the cancellation. The
265	265	Secretary of the State Election Board shall likewise ensure that the
266	266	names of persons who are eligible and registered to vote following
267	267	their release from incarceration are added to the Oklahoma Election
268	268	Management System in the same manner as all other names are added to
269	269	that list, in accordance with Section 4 -114 of Title 26 of the
270	270	Oklahoma Statutes.
271	271	C. The Secretary of the State Election Board, secretaries of
272	272	county election board s and their agents and employees shall not be
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299	299	held civilly liable for any action taken based upon information
300	300	received pursuant to the provisions of this section if a reasonable
301	301	effort was made to make an accurate match of the information
302	302	provided with voter registration records before taking any action
303	303	relating to voter registration.
304	304	SECTION 5. NEW LAW A new section of law not to be
305	305	codified in the Oklahoma Statutes reads as follows:
306	306	Upon the effective date of the Oklahoma Restorati on of Voting
307	307	Rights Act, the provisions of this act shall have retroactive
308	308	application to all persons who are eligible to vote under its terms,
309	309	regardless of whether they were convicted or released from
310	310	incarceration prior to its effective date. The State Election Board
311	311	and the State Board of Corrections shall be authorized to promulgate
312	312	rules and take any other action they deem necessary to implement the
313	313	provisions of this section.
314	314	SECTION 6. REPEALER 26 O.S. 2011, Section 4 -120.4, is
315	315	hereby repealed.
316	316	SECTION 7. This act shall become effective November 1, 2021.
317	317
318	318	58-1-6463 LRB 12/16/20

Oklahoma 2022 Regular Session

Oklahoma House Bill HB2103 Compare Versions