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28	28	STATE OF OKLAHOMA
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30	30	2nd Session of the 58th Legislature (2022)
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32	32	HOUSE BILL 3282 By: Humphrey
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38	38	AS INTRODUCED
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40	40	An Act relating to elections; creating the Joint
41	41	Committee on Elections; providing for membership and
42	42	quorum; providing for appointment of an Election
43	43	Integrity Committee; providing for membership;
44	44	providing for random audit system; requiring risk
45	45	assessment of each county election board; providing
46	46	criteria for risk assessment; creating the Election
47	47	Integrity Fund; authorizing Secretary of the State
48	48	Election Board to perform audits; providing for
49	49	verification of audits; authorizing Sec retary to
50	50	promulgate rules; providing for codification; and
51	51	providing an effective date .
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58	58	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
59	59	SECTION 1. NEW LAW A new section of law to be codified
60	60	in the Oklahoma Statutes as Section 23-101 of Title 26, unless there
61	61	is created a duplication in numbering, reads as follows:
62	62	A. There is hereby created the "Joint Committee on Elections",
63	63	to be comprised of seve n (7) members of the Oklahoma House of
64	64	Representatives to be appointed by the Speaker of the House of
65	65	Representatives and seven (7) members of the Oklahoma State Senate
66	66	to be appointed by the President Pro Tempore of the Senate. The
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93	93	appointment of each member shall continue during the member's term
94	94	of office or until a successor has been appointed to fill the
95	95	member's place when his or her term of office as a member of the
96	96	Legislature has expired. No party shall be repre sented by more than
97	97	four members from the House of Representatives or more than four
98	98	members from the Senate. A majority of the joint committee shall
99	99	constitute a quorum, but the concurrence of a majority of the
100	100	members shall be required for a determination of any matter within
101	101	the joint committee's duties.
102	102	B. The Joint Committee on Elections shall appoint an "Election
103	103	Integrity Committee". The committee shall be appointed for the
104	104	first time before October 1, 2022, and reappointed following each
105	105	General Election thereafter. There shall be no limits on the number
106	106	of terms a committee member may serve. The committee shall be
107	107	comprised of twenty (20) members. There shall be two members from
108	108	each congressional district, one representing each o f the two major
109	109	political parties receiving the most votes in the most recent
110	110	gubernatorial election. The remaining four members shall be
111	111	appointed at-large, two representing each of the two major political
112	112	parties receiving the mos t votes in the most recent gubernatorial
113	113	election.
114	114	C. 1. Beginning January 1, 2023, the Election Integrity
115	115	Committee shall implement a random auditing system to audit the
116	116	election results of two precincts, as described in this subsection.
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143	143	2. Each General Election day, the Joint Committee on Elections
144	144	shall randomly draw two precincts to audit. One precinct shall be
145	145	in the largest five precincts by number of votes received and one
146	146	precinct shall be in the smallest one hundred precincts by number of
147	147	votes received.
148	148	3. The random audits sha ll be conducted in an expeditious
149	149	manner with the results reported to the Oklahoma House of
150	150	Representatives and the Oklahoma State Senate within thirty (30)
151	151	days. The results of the random audits shall be available pursuant
152	152	to the Oklahoma Open Records Ac t.
153	153	4. At least two citizen volunteers shal l be present during the
154	154	audit.
155	155	5. If any audit under this section shows clear and convincing
156	156	evidence of a discrepancy in vote count likely to affect the outcome
157	157	of any local, state, or federal election, a second audit shall be
158	158	conducted by two independent teams.
159	159	6. If the second audit confirms discrepancies, a statewide
160	160	election investigation shall be conducted at the order of the Joint
161	161	Committee on Elections, the Election Integrity Committee, or the
162	162	Secretary of the State Election Board. The recount shall be
163	163	conducted in the same manner as Section 8-110 of Title 26 of the
164	164	Oklahoma Statutes and the results provided to the general public and
165	165	candidates. Such recount shall be paid for using the Election
166	166	Integrity Fund authorized pursuant to subsection E of this section.
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193	193	7. Any candidate may make use of an audit report to file an
194	194	election contest.
195	195	D. The Election Integrity Committee shall conduct a
196	196	comprehensive risk assessment of each county election board in the
197	197	state. The risk assessment may be co nducted by an outside ent ity
198	198	and shall identify security risks, the magnitude of such risks, and
199	199	areas that require safeguards. The risk assessment shall include
200	200	the following:
201	201	1. Load testing and stress testing to ensure that the online
202	202	voter registration system has sufficient capacity to accommodate
203	203	foreseeable use, including during periods of high -volume website use
204	204	in the week before the voter registration deadline;
205	205	2. Screening computers and networks used to su pport the online
206	206	voter registration s ystem for malware and other vulnerabilities;
207	207	3. Evaluating database infrastructure, including software and
208	208	operating systems, in order to fortify defenses against cyber
209	209	attacks; and
210	210	4. Identifying any anticipated thre ats to the security and
211	211	integrity of data collected, maintained, received, or transmitted by
212	212	the online voter registration system .
213	213	E. There is hereby created in the State Treasury a r evolving
214	214	fund for the State Election Board to be designated the "Election
215	215	Integrity Fund". The fund shall be a cont inuing fund, not subject
216	216	to fiscal year limitations, and shall consist of monies collected
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243	243	pursuant to this section. All monies accruing to the credit of the
244	244	fund are hereby appropriated and may be budgeted and expended by the
245	245	State Election Board for aut horized purposes. Expenditures from the
246	246	fund shall be made upon warrants issued b y the State Treasurer
247	247	against claims filed as prescribe d by law with the Director of the
248	248	Office of Management and Enterprise Servi ces for approval and
249	249	payment.
250	250	F. 1. The Secretary of the State Election Board shall have the
251	251	authority to audit the list of registered voters for any county
252	252	election board to ensure accuracy.
253	253	2. The Secretary shall provide at least five (5) business days'
254	254	notice to the county election board that he or she intends to
255	255	inspect the list of voter registration records. Such notice may be
256	256	sent electronically.
257	257	3. The audits conducted by the Secretary shall verify the
258	258	following:
259	259	a. that a registered voter is al ive,
260	260	b. that a registered voter currently re sides within the
261	261	jurisdiction of the county election board, and
262	262	c. that a registered voter is entitled to vote ;
263	263	4. If names are found that do not meet the criteria under
264	264	paragraph 3 of this subsection , the Secretary shall instruct the
265	265	county election board to remove the names from the list of
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292	292	registered voters. The Secretary may conduct a second audit to
293	293	ensure the names were removed ; and
294	294	5. The county election board shall comply with the Secretary
295	295	in conducting the audit and shall remove the names identified by the
296	296	State Election Board. If a county election board does not cooperate
297	297	with the audit, the Secretary may withhold funds from the county
298	298	election board.
299	299	G. 1. The Secretary shall have exclusive authority to
300	300	promulgate rules pertaining to the u se of election equipment,
301	301	machines, programs, and systems involved with the tabulation and
302	302	counting of votes.
303	303	2. The Secretary shall require that vendors entering into
304	304	contracts with election authorities waive all objections to the
305	305	examination and testing of election equipment, machines, programs,
306	306	and systems by the office or its employees or agents. The State
307	307	Election Board may examine and test hardware or software and may
308	308	engage in penetration testing of such vendor-provided equipment.
309	309	The State Election Board shall not approve any equipment, machine,
310	310	program, or system that is ca pable of Internet connection by modem,
311	311	installed parts, or any other means, except that data transfer by
312	312	disk or other physical driv e of any type shall be permissible.
313	313	3. The Secretary may forbid the use of election equipment,
314	314	machines, programs, or systems that violate this section or rules
315	315	promulgated thereunder. County election boards that fail to comply
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342	342	with any requirements of t his section or rules promulgated
343	343	thereunder shall be subject to an injunction by any court of proper
344	344	jurisdiction and to the payment of any court costs and attorney fees
345	345	to the State Election Board.
346	346	SECTION 2. This act shall become effecti ve November 1, 2022.
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348	348	58-2-9450 LRB 01/07/22

Oklahoma 2022 Regular Session

Oklahoma House Bill HB3282 Compare Versions