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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 3321 By: Miller
COMMITTEE SUBSTITUTE
An Act relating to elections; amending 26 O.S. 2021,
Sections 4-121, 7-130, 7-136, 14-101.1, and 16-123,
which relate to the election code; authorizing use of
certain index list; requiring ballots be printed on
paper; prohibiting watchers ' appearance by electronic
device; requiring ballots be reported from certain
precinct; 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 TH E STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 26 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 multist ate
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
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for membership fees, dues and other expenses related t o such
membership.
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 v ehicle license 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, driv er license 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 organization 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 registered 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 S tates Postal Service
National Change of Address data regarding registered voters who have
changed their address of residence wi thin the state, the Secretary
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of the State Election Board may use the data pursuant to the
provisions of Section 4 -118.1, 4-120.2 or 7-115.1 of Title 26 of th e
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 inde x list, or provides 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 section 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 shal l be printed on 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 t o be determined by the Secretary of
the State Election Board.
SECTION 3. 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 hav e a watcher present at any place where an
official count is being conducted. Such watcher must be
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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 com mission 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 wa tchers 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 limited to observing the repair or
maintenance work being performed and making a written reco rd of such
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 4. AMENDATORY 26 O.S. 2021, Section 7-136, is
amended to read as follows :
Section 7-136. A. The county election board shall convene at
the county courthouse, or at such other place as the county election
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board may designate on the day of each election, for the purpose of
receiving the official precinct returns and shall remain in session
until such precinct returns are all delivered. The board shall
cause to be accumulated and listed the results of such election, as
the official precinct returns are received, in a manner and upon
forms prescribed by the Secretary of the State Election Board. The
county election board shall use such precinct returns to cert ify the
results of such elect ion for county officers and questions and shall
transmit electronically or in writing as prescribed by the Secretary
of the State Election Board after 5 p.m. on Friday following the
election to the State Election Board the comp leted county returns
for all state officers and questions. Such county returns shall be
prima facie evidence of the correctness of the result in the several
counties. The State Election Board shall use such county returns to
certify the results of such e lection for all state officer s and
questions after 5 p.m. on Tuesday next succeeding the election.
B. For all elections conducted after July 1, 2022, the official
returns for each precinct in this state shall include the votes cast
by all voters assigned to that precinct, including in-person and
absentee votes.
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 fol lows:
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Devices or equipment us ed by 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 Sta te
Election Board and a count y election 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 t ransmitting an absentee ballot to
election officials on behalf of another person;
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 beha lf 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;
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6. Partially or fully co mpleting 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 T itle 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 Pr ogram, the
United States Department of Defense or the Oklahoma National Guard
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 cohab itant 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
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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 Secr etary 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 Board or county
election board the status of the invest igation until charges are
filed or the district attorney declines to file charges.
SECTION 8. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
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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.
58-2-10551 LRB 02/15/22