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ENGROSSED HOUSE
BILL NO. 3321 By: Miller and Roe of the House
and
Stanley of the Senate
[ elections - requiring ballots be printed on paper -
prohibiting connection of devices to Internet –
emergency ]
BE IT ENACTED BY THE PEOPLE OF TH E STATE OF OKLAHOMA:
SECTION 1. 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 shall 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 to be determined by the Secretary of
the State Election Board.
SECTION 2. AMENDATORY 26 O.S. 2021, Section 7-130, is
amended to read as follows :
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Section 7-130. Any candidate or any recognized political party
shall be entitled to have a watcher present 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 autho rized.
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 t o observe
voting device testing an d to accompany personnel assigned to repair
or maintain machines d uring the period of the election. In s uch
case, the watchers shall be limited to observing the repair or
maintenance work being performed and making a writ ten record 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.
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SECTION 3. 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 nu mbering, reads as follows:
Devices or equipment us ed by the State Election Board or a
county election board to count or tabulate ballots shal l be
prohibited from connecting to the Internet. Provided, this shall
not serve to prohibit a secure network conne ction between the State
Election Board and a count y election board for the purpose of
transmitting or recei ving voter registration or electio n-related
data.
SECTION 4. 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 b ehalf 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 absente e ballot on behalf of
another person;
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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 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 this title;
2. An absentee voting board member, as described in Title 26 of
the Oklahoma Statutes this title, who assists a voter confined to a
nursing home or veterans center pursuant 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;
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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 5. AMENDATORY 26 O.S. 2021, Section 16-123, is
amended to read as follows:
Section 16-123. A. The Secretary of the State Election Boa rd
or any county election board who has documents that appear to be
evidence of voter registration or voting crimes shall not ify the
district attorney for the county or counties involved and the Office
of the Attorney General .
B. When presented with docum entation 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 th e investigation until charges are
filed or the district attorney declines to file charges.
SECTION 6. AMENDATORY 26 O.S. 2021, Section 21-101, is
amended to read as follows:
Section 21-101. A. The Secretary of the State Election Board
is hereby authorized beginning Ju ly 1, 1989, to purchase equipment
for and implement a unitary, unified, integrated system o f election
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administration for the State of Oklahoma that includes an electronic
data processing system for maintenance of vot er registration
records, certification o f election results and other
election-related applications, and the installation of electro nic,
optical scanning voting devices compatible with the same system in
every precinct polling place.
B. The Secretary of th e State Election Board is authorized to
adopt procedures consistent, insofar as practicab le, with existing
law for implementation o f the system.
C. Except as provided in subsection A, no electronic data
processing applications shall be implemented by a co unty election
board, nor shall voting de vices be purchased by a county, except for
those electronic data processing applications an d voting devices
already in use or for which a contract had been signed by no later
than March 31, 1986.
D. A new unitary integrated voting system described in
subsection A of this section that is implemented on or after January
1, 2023, shall be required to report the officia l election returns
of each election by precinct , including, but not limited to, all
votes cast in person and by absentee.
SECTION 7. 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 a fter its passage and approval.
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Passed the House of Representatives the 23rd day of March, 2022.
Presiding Officer of the Hous e
of Representatives
Passed the Senate the ___ day of __________, 2022.
Presiding Officer of the Senate