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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3321 By: Miller
AS INTRODUCED
An Act relating to elections; amending 26 O.S. 2021,
Sections 4-121, 6-112, 7-130, 14-101.1, and 16-123,
which relate to the election code; authorizing use of
certain index list; requiring ballots be printed on
paper; requiring absentee ballots be reported from
certain precinct; prohibiting watchers ' appearance by
electronic device; prohibiting connection of devices
to Internet; modifying definition; authorizing
reporting of voting crimes to Attorney General;
providing for codification; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 2 6 O.S. 2021, Section 4-121, is
amended to read as follows:
Section 4-121. A. The Secretary of the State Election Board
may join the State of Oklahoma as a member in one or more multistate
voter list maintenance organizations including, but not limited to,
the Electronic Registration Information Center (ERIC) o r its
successor. The Secretary is authorized to expend funds as available
for membership fees, dues and other expenses related to such
membership.
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B. Upon membership in an organization as provided in s ubsection
A of this section, the Secretary of the Sta te Election Board may
provide voter registration data to the organization and the
Department of Public Safety may provide motor vehicle li cense data
to the organization if such data is required to be pro vided as a
condition of membership. The voter regist ration data and motor
vehicle license data described in this subsection may include a
person's name, address, date of birth, driver licens e or state
identification number, last four digits of a social se curity number
or any other data required by the organ ization. The transmission
and storage of such data shall be done in a secure manner.
C. If a multistate voter list maintenance organizat ion of which
this state is a member identifies Oklahoma residents who are
citizens of the United States eligible to vo te but not yet
registered, the Secretary of the State Election Board may notify
such citizens about the procedure for becoming a registere d voter in
this state. The Secretary may delegate the contacting of such
citizens to the secretary of the appropriate county election board.
D. If a multistate voter list maintenance organization of which
this state is a member provides United States Pos tal Service
National Change of Address data regarding registered voters who have
changed their address of residence wi thin the state, the Secretary
of the State Election Board may use the data pursuant to the
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provisions of Section 4 -118.1, 4-120.2 or 7-115.1 of Title 26 of the
Oklahoma Statutes or the federal National V oter Registration Act.
E. If a multistate voter list maintenance organiza tion of which
this state is a member provides access to the Social Security
Administration master death index list, or p rovides a list of
Oklahoma voters who match persons on the Social Security
Administration master death index list, then the Secretary of the
State Election Board may use the data pursuant to the provisions of
subsection F of Section 4 -120.3 of this title.
SECTION 2. NEW LAW A new sectio n of law to be codified
in the Oklahoma Statutes as Section 6-104.1 of Title 26, unless
there is created a duplication in numbering, reads as follows:
All ballots used for any election shall be printed o n paper to
ensure a fair and accurate count; provided , each precinct polling
place and in-person absentee voting location shall provid e a means
for a blind or visually -impaired voter to cast a ballot privately
and independently, in a manner to be determine d by the Secretary of
the State Election Board.
SECTION 3. AMENDATORY 26 O.S. 2021, Section 6 -112, is
amended to read as follows:
Section 6-112. All ballots for Primary, Runoff Primary and
General Elections must be designated in such a manner as the
Secretary of the State Electi on Board may prescribe to achieve the
identification of a ballot for a particular precinct. For any
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election conducted after July 1, 2022, e ach county election board
shall report election result s by precinct, including votes cast by
in-person voters and absentee voters.
SECTION 4. AMENDATORY 26 O.S. 2021, Section 7-130, is
amended to read as follows :
Section 7-130. Any candidate or any recognized political party
shall be entitled to have a watcher p resent at any place where an
official count is being conducted. Such watcher must be
commissioned in writing by the candidate, or by the chair of the
recognized political party of th e county in which the watcher is
being authorized. Such commission must be filed with the secretary
of the appropriate county election board no later than 5:00 p.m . on
Wednesday preceding t he election. Watchers must subscribe to an
oath to observe all la ws and rules prescribed for watchers as
hereinafter provided. Such oath must be administered by the
inspector of the precinct in which the watcher is authorized.
Watchers shall be entitled to observe the voting device both before
the polls are opened and after the polls are closed; provided,
further, that such watchers shall not be present at the polling
place at other times. Watchers may be commissioned to observ e
voting device testing an d to accompany personnel assigned to repair
or maintain machines d uring the period of the election. In such
case, the watchers shall be li mited to observing the repair or
maintenance work being performed and making a written reco rd of such
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work. All watchers shall only appear in person and the use of
watchers via electronic devices is prohibited. Any watcher who
violates the law prescribed for watchers shall be deemed guilty of a
misdemeanor.
SECTION 5. NEW LAW A new section of la w to be codified
in the Oklahoma Statutes as Section 9-121 of Title 26, unless there
is created a duplication in numbering, reads as follow s:
Devices or equipment used b y the State Election Board or a
county election board to c ount or tabulate ballots shal l be
prohibited from connecting to the Internet. Provided, this shall
not serve to prohibit a secure network connection between the State
Election Board and a county el ection board for the purpose of
transmitting or receiving v oter registration or electio n-related
data.
SECTION 6. AMENDATORY 26 O.S. 2021, Section 14 -101.1, is
amended to read as follows:
Section 14-101.1 A. For the purposes of this section,
"absentee ballot harvesting" means:
1. Collecting or obtaining an absent ee ballot from another
person with the intent to submit, transmit or return the ballot to
election officials on behalf of that person;
2. Submitting, returning or tr ansmitting an absentee ballot to
election officials on behalf of another person;
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3. Collecting or obtaining an absentee b allot from another
person under a false pretense or promise of transm itting, returning
or submitting it to election officials on behal f of that person;
4. Requesting or receiving an absentee ballot on behalf of
another person;
5. Distributing an absentee ballot application or request to a
voter using the official letterhead of a candid ate or elected
official;
6. Partially or fully comple ting an application for an absentee
ballot on behalf of another person without that person's prior
consent; or
6. 7. Notarizing or witnessing more absentee ballots t han
allowed by law.
B. Absentee ballot harvesting shall be unlawful at any election
conducted by a county election board, the State Election Board or
any political subdivision of this state; provided, the following
shall not be deemed to be ballot harvest ing:
1. A voter's assistant or agent acting pursuant to law as
otherwise allowed by Title 26 of the Oklahoma Statutes;
2. An absentee voting board member, as described in Title 26 of
the Oklahoma Statutes, who assists a voter confined to a nursing
home or veterans center purs uant to law;
3. An employee of the Federal Voting Assistance Progra m, the
United States Department of Defense or the Oklahoma National Guard
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who assists a uniformed-services voter in returning or transmitting
an absentee ballot;
4. A spouse, relative in the first or second degree of
consanguinity or affinity or cohabitan t of a voter who forwards an
absentee ballot to the voter when absent from the home;
5. A voter's spouse who, with the voter 's consent, returns the
voter's absentee ballot by mail; or
6. An official action by an election official that is required
or authorized by law.
SECTION 7. AMENDATORY 26 O.S. 2021, Section 16-123, is
amended to read as follows:
Section 16-123. A. The Secretary of the State Election Board
or any county election boar d who has documents that appear to be
evidence of voter registration or voting crimes shall notify the
district attorney for the county or counties involved and the Office
of the Attorney General .
B. When presented with documentation of possible voter
registration or voting crimes by the Secretary of the State Election
Board or any county election board, a district attorney shall
investigate and, within thirty (30) days and each thirty (30) days
thereafter following receipt of such documentation, report in
writing to the Secretary of the State Election Boa rd or county
election board the status of the invest igation until charges are
filed or the district attorney declines to file charges.
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SECTION 8. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason wh ereof this act shall take effect and
be in full force from and after its passage an d approval.
58-2-9659 LRB 01/13/22