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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 2842 By: Roberts (Sean)
AS INTRODUCED
An Act relating to elections; creating the Proof of
Citizenship Act of 2021; amending 26 O.S. 2011,
Section 7-114, as last amended by Section 5, Chapter
4, O.S.L. 2014 (26 O.S. Supp. 2020, Section 7 -114),
which relates to proof of identity; requiring proof
of United States citizenship to vote; defining term;
providing for proof prior to election; providing for
noncodification; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be ci ted as the "Proof of
Citizenship Act of 2021 ".
SECTION 2. AMENDATORY 26 O.S. 2011, Section 7 -114, as
last amended by Section 5, Chapter 4, O.S.L. 2014 (26 O.S. Supp.
2020, Section 7-114), is amended to read as follows:
Section 7-114. A. Each person appearing to vote shall announce
that person's name to the judge of the precinct and shall provide
proof of identity and proof of United States citizenship , whereupon
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the judge shall determine whether the person 's name is in the
precinct registry.
B. As used in this section, "proof of identity" shall mean a
document that satisfies all of the following:
1. The document shows the name of the person to whom the
document was issued, and the name substantially conforms to the name
in the precinct registry;
2. The document shows a photograph of the person to whom the
document was issued;
3. The document includes an expiration date, which is after the
date of the election in which the person is appearing to vote. The
provisions of this par agraph shall not apply to:
a. an identification card that is valid indefinitely, or
b. an identification card issued by a branch of the armed
services of the United States to a person who is a
member of such branch or is retired therefrom; and
4. The document was issued by the United States, the State of
Oklahoma or the government of a federally recognized Indian tribe or
nation.
Provided, if the person presents a voter identification card
issued by the appropriate county election board, such card may serv e
as proof of identity without meeting the requirements of paragraphs
2 and 3 of this subsection.
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C. As used in this section "proof of United States citizenship "
shall mean one of the following documents:
1. An original birth document issued by a state, the
Commonwealth of Puerto Rico or the District of Columbia, or a
certified copy thereof;
2. An original birth certificate issued by the federal
government, or a certified copy thereof;
3. An original United States Certificate of Birth Abroad;
4. An original Report of Birth Abroad of a Citizen of the
United States;
5. An original Certificate of Citizenship (Form N -560 or N-
561); or
6. An original Certificate of Na turalization (Form N -550, N-570
or N-578) or a valid United States passport.
Copies of these documents shall be made by the appropriate county
election board and kept available for public inspection pursuant to
the Oklahoma Open Records Act.
B. D. 1. If a person declines to or is unable to produce proof
of identity and proof of United States citizenship, the person may
sign a statement under oath, in a form approved by the Secretary of
the State Election Board, swearing or affirming that the person is
the person identified on the precinct registry, and shall be allowed
to cast a provisional ba llot in a manner consistent with the
provisions of Section 7 -116.1 of this title.
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2. A provisional ballot cast by a voter who declines or is
unable to produce proof of identity shall only be considered
verified and approved for counting if:
a. the voter's name on the affidavit substantially
conforms to the voter 's name in the voter registration
database, except as provided in paragraph 3 of this
subsection,
b. the voter's residence address on the affidavit
substantially conforms to the voter 's residence
address in the voter registration database, except as
provided in paragraph 4 of this subsection,
c. the voter's date of birth matches the information in
the voter registration database,
d. the voter's Oklahoma driver license number or the last
four digits of the voter's Social Security number on
the affidavit matches the information in the voter
registration database. The provisions of this
subparagraph shall not apply if the voter was not
required to provide a driver license number or the
last four digits of the voter's Social Security number
at the time of registration, and
e. the provisional ballot meets the eligibility
requirements set forth in Section 7 -116.1 of this
title.
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3. A voter casting a provisional ballot as provided in this
section who has legally changed his or her name, but has not updated
the name on the voter registry, may note this fact on the affidavit
and submit a form prescribed by the Secretary of the State Election
Board to update his or her name. In such a case, and where the
requirements of Section 4-117 of this title are satisfied, the
provisional ballot shall be deemed to meet the requirements of
subparagraph a of paragraph 2 of this subsection.
4. A voter casting a provisional ballot as provided in this
section who has changed h is or her address of residence, but has not
updated the address on the voter registry, may note this fact on the
affidavit and submit a form to update the address prescribed by the
Secretary of the State Election Board. In such a case, and where
the requirements of Section 4 -117 of this title are satisfied, the
provisional ballot shall be deemed to meet the requirements of
subparagraph a of paragraph 2 of this subsection.
5. False swearing or affirming under oath shall be punishable
as a felony as provide d in Section 16-103 of this title, and the
penalty shall be distinctly set forth on the face of the statement.
E. An individual may provide proof of United States citizenship
prior to any election when registering to vote or in person at the
State Election Board or appropriate county election board.
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SECTION 3. This act shall become effective January 1, 2022.
58-1-7072 LRB 01/04/21