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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3282 By: Humphrey
AS INTRODUCED
An Act relating to elections; creating the Joint
Committee on Elections; providing for membership and
quorum; providing for appointment of an Election
Integrity Committee; providing for membership;
providing for random audit system; requiring risk
assessment of each county election board; providing
criteria for risk assessment; creating the Election
Integrity Fund; authorizing Secretary of the State
Election Board to perform audits; providing for
verification of audits; authorizing Sec retary to
promulgate rules; providing for codification; 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 to be codified
in the Oklahoma Statutes as Section 23-101 of Title 26, unless there
is created a duplication in numbering, reads as follows:
A. There is hereby created the "Joint Committee on Elections",
to be comprised of seve n (7) members of the Oklahoma House of
Representatives to be appointed by the Speaker of the House of
Representatives and seven (7) members of the Oklahoma State Senate
to be appointed by the President Pro Tempore of the Senate. The
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appointment of each member shall continue during the member's term
of office or until a successor has been appointed to fill the
member's place when his or her term of office as a member of the
Legislature has expired. No party shall be repre sented by more than
four members from the House of Representatives or more than four
members from the Senate. A majority of the joint committee shall
constitute a quorum, but the concurrence of a majority of the
members shall be required for a determination of any matter within
the joint committee's duties.
B. The Joint Committee on Elections shall appoint an "Election
Integrity Committee". The committee shall be appointed for the
first time before October 1, 2022, and reappointed following each
General Election thereafter. There shall be no limits on the number
of terms a committee member may serve. The committee shall be
comprised of twenty (20) members. There shall be two members from
each congressional district, one representing each o f the two major
political parties receiving the most votes in the most recent
gubernatorial election. The remaining four members shall be
appointed at-large, two representing each of the two major political
parties receiving the mos t votes in the most recent gubernatorial
election.
C. 1. Beginning January 1, 2023, the Election Integrity
Committee shall implement a random auditing system to audit the
election results of two precincts, as described in this subsection.
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2. Each General Election day, the Joint Committee on Elections
shall randomly draw two precincts to audit. One precinct shall be
in the largest five precincts by number of votes received and one
precinct shall be in the smallest one hundred precincts by number of
votes received.
3. The random audits sha ll be conducted in an expeditious
manner with the results reported to the Oklahoma House of
Representatives and the Oklahoma State Senate within thirty (30)
days. The results of the random audits shall be available pursuant
to the Oklahoma Open Records Ac t.
4. At least two citizen volunteers shal l be present during the
audit.
5. If any audit under this section shows clear and convincing
evidence of a discrepancy in vote count likely to affect the outcome
of any local, state, or federal election, a second audit shall be
conducted by two independent teams.
6. If the second audit confirms discrepancies, a statewide
election investigation shall be conducted at the order of the Joint
Committee on Elections, the Election Integrity Committee, or the
Secretary of the State Election Board. The recount shall be
conducted in the same manner as Section 8-110 of Title 26 of the
Oklahoma Statutes and the results provided to the general public and
candidates. Such recount shall be paid for using the Election
Integrity Fund authorized pursuant to subsection E of this section.
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7. Any candidate may make use of an audit report to file an
election contest.
D. The Election Integrity Committee shall conduct a
comprehensive risk assessment of each county election board in the
state. The risk assessment may be co nducted by an outside ent ity
and shall identify security risks, the magnitude of such risks, and
areas that require safeguards. The risk assessment shall include
the following:
1. Load testing and stress testing to ensure that the online
voter registration system has sufficient capacity to accommodate
foreseeable use, including during periods of high -volume website use
in the week before the voter registration deadline;
2. Screening computers and networks used to su pport the online
voter registration s ystem for malware and other vulnerabilities;
3. Evaluating database infrastructure, including software and
operating systems, in order to fortify defenses against cyber
attacks; and
4. Identifying any anticipated thre ats to the security and
integrity of data collected, maintained, received, or transmitted by
the online voter registration system .
E. There is hereby created in the State Treasury a r evolving
fund for the State Election Board to be designated the "Election
Integrity Fund". The fund shall be a cont inuing fund, not subject
to fiscal year limitations, and shall consist of monies collected
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pursuant to this section. All monies accruing to the credit of the
fund are hereby appropriated and may be budgeted and expended by the
State Election Board for aut horized purposes. Expenditures from the
fund shall be made upon warrants issued b y the State Treasurer
against claims filed as prescribe d by law with the Director of the
Office of Management and Enterprise Servi ces for approval and
payment.
F. 1. The Secretary of the State Election Board shall have the
authority to audit the list of registered voters for any county
election board to ensure accuracy.
2. The Secretary shall provide at least five (5) business days'
notice to the county election board that he or she intends to
inspect the list of voter registration records. Such notice may be
sent electronically.
3. The audits conducted by the Secretary shall verify the
following:
a. that a registered voter is al ive,
b. that a registered voter currently re sides within the
jurisdiction of the county election board, and
c. that a registered voter is entitled to vote ;
4. If names are found that do not meet the criteria under
paragraph 3 of this subsection , the Secretary shall instruct the
county election board to remove the names from the list of
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registered voters. The Secretary may conduct a second audit to
ensure the names were removed ; and
5. The county election board shall comply with the Secretary
in conducting the audit and shall remove the names identified by the
State Election Board. If a county election board does not cooperate
with the audit, the Secretary may withhold funds from the county
election board.
G. 1. The Secretary shall have exclusive authority to
promulgate rules pertaining to the u se of election equipment,
machines, programs, and systems involved with the tabulation and
counting of votes.
2. The Secretary shall require that vendors entering into
contracts with election authorities waive all objections to the
examination and testing of election equipment, machines, programs,
and systems by the office or its employees or agents. The State
Election Board may examine and test hardware or software and may
engage in penetration testing of such vendor-provided equipment.
The State Election Board shall not approve any equipment, machine,
program, or system that is ca pable of Internet connection by modem,
installed parts, or any other means, except that data transfer by
disk or other physical driv e of any type shall be permissible.
3. The Secretary may forbid the use of election equipment,
machines, programs, or systems that violate this section or rules
promulgated thereunder. County election boards that fail to comply
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with any requirements of t his section or rules promulgated
thereunder shall be subject to an injunction by any court of proper
jurisdiction and to the payment of any court costs and attorney fees
to the State Election Board.
SECTION 2. This act shall become effecti ve November 1, 2022.
58-2-9450 LRB 01/07/22