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Oklahoma House Bill HB3321

Oklahoma 2022 Regular Session

Oklahoma House Bill HB3321 Compare Versions

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1-An Act
2-ENROLLED HOUSE
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3+ENGR. S. A. TO ENGR. H. B . NO. 3321 Page 1 1
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28+ENGROSSED SENATE AMENDMENTS
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31+BILL NO. 3321 By: Miller and Roe of the House
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35+ Stanley of the Senate
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41+[ elections - requiring ballots be printed on paper -
42+prohibiting connection of devices to Internet –
43+ emergency ]
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49+AMENDMENT NO. 1. Page 1, line 19, delete, after the word "for" and
50+before the word "to", all language, and insert the
51+words "any voter who requires assistance by reason
52+of blindness, disability, or inability to read or
53+write"
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55+AMENDMENT NO. 2 Page 5, lines 5 through 19, delete SECTION 5 and
56+renumber subsequent sections
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58+ and amend the title to conform
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60+AMENDMENT NO. 3 Page 1, restore the title
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64+ENGR. S. A. TO ENGR. H. B . NO. 3321 Page 2 1
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89+Passed the Senate the 20th day of April, 2022.
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93+ Presiding Officer of the Senate
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96+Passed the House of Representati ves the ____ day of __________,
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101+ Presiding Officer of the House
102+ of Representatives
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104+ENGR. H. B. NO. 3321 Page 1 1
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129+ENGROSSED HOUSE
3130 BILL NO. 3321 By: Miller and Roe of the House
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5132 and
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7134 Stanley of the Senate
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14-An Act relating to elections; requiring ballots be
15-printed on paper; providing method of voting for
16-certain persons privately and independently; amending
17-26 O.S. 2021, Sections 7 -130, 14-101.1 and 21-101,
18-which relate to the election code; prohibiting
19-watchers' appearance by electronic device;
20-prohibiting connection of devices to Internet;
21-authorizing certain secure network connection between
22-State Election Board and county election boards;
23-modifying definition; requiring certain voting system
24-to report official returns by precinct; specifying
25-information based on votes cast in person or by
26-absentee ballot; and providing for codification .
141+[ elections - requiring ballots be printed on paper -
142+prohibiting connection of devices to Internet –
143+ emergency ]
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31-SUBJECT: Elections
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33148 BE IT ENACTED BY THE PEOPLE OF TH E STATE OF OKLAHOMA:
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35149 SECTION 1. NEW LAW A new section of law to be codified
36150 in the Oklahoma Statutes as Section 6-104.1 of Title 26, unless
37151 there is created a duplication in numbering, reads as follows:
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39152 All ballots used for any election shall be printed on paper to
40153 ensure a fair and accurate count; provided, each precinct polling
41154 place and in-person absentee voting location shall provid e a means
42-for any voter who requires as sistance by reason of blindness,
43-disability, or inabil ity to read or write to cast a ballot privately
155+for a blind or visually impaired voter to cast a ballot privately
44156 and independently, in a manner to be determined by the Secretary of
45157 the State Election Board.
46- ENR. H. B. NO. 3321 Page 2
47158 SECTION 2. AMENDATORY 26 O.S. 2021, Section 7-130, is
48159 amended to read as follows:
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50186 Section 7-130. Any candidate or any recognized political party
51187 shall be entitled to have a watcher present at any place where an
52188 official count is being conducted. Such watcher must be
53189 commissioned in writing by the candidate, or by the cha ir of the
54190 recognized political party of th e county in which the watcher is
55191 being authorized. Such commission must be filed with the secretary
56192 of the appropriate county election board no later than 5:00 p.m. on
57193 Wednesday preceding t he election. Watchers m ust subscribe to an
58194 oath to observe all la ws and rules prescribed for watchers as
59195 hereinafter provided. Such oath must be administered by the
60196 inspector of the precinct in which the watcher is autho rized.
61197 Watchers shall be entitled to observe the voting d evice both before
62198 the polls are opened and after the polls are closed; provided,
63199 further, that such watchers shall not be present at the polling
64200 place at other times. Watchers may be commissioned t o observe
65201 voting device testing an d to accompany personnel assigned to repair
66202 or maintain machines d uring the period of the election. In s uch
67203 case, the watchers shall be limited to observing the repair or
68204 maintenance work being performed and making a writ ten record of such
69205 work. All watchers shall only appear in person and the use of
70206 watchers via electronic devices is prohibited. Any watcher who
71207 violates the law prescribed for watchers shall be deemed guilty of a
72208 misdemeanor.
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74235 SECTION 3. NEW LAW A new section of la w to be codified
75236 in the Oklahoma Statutes as Section 9-121 of Title 26, unless there
76237 is created a duplication in nu mbering, reads as follows:
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78238 Devices or equipment us ed by the State Election Board or a
79239 county election board to count or tabulate ballots shal l be
80240 prohibited from connecting to the Internet. Provided, this shall
81241 not serve to prohibit a secure network conne ction between the State
82242 Election Board and a count y election board for the purpose of
83243 transmitting or recei ving voter registration or electio n-related
84244 data.
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86245 SECTION 4. AMENDATORY 26 O.S. 2021, Section 14 -101.1, is
87246 amended to read as follows:
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89247 Section 14-101.1 A. For the purposes of this section,
90248 "absentee ballot harvesting " means:
91- ENR. H. B. NO. 3321 Page 3
92249 1. Collecting or obtaining an absent ee ballot from another
93250 person with the intent to submit, transmit or return the ballot to
94251 election officials on behalf of that person;
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96252 2. Submitting, returning or t ransmitting an absentee ballot to
97253 election officials on b ehalf of another person;
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99254 3. Collecting or obtaining an ab sentee ballot from another
100255 person under a false pretense or promise of transm itting, returning
101256 or submitting it to election officials on beha lf of that person;
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103257 4. Requesting or receiving an absente e ballot on behalf of
104258 another person;
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106285 5. Distributing an absentee ballot application or request to a
107286 voter using the official letterhead of a candid ate or elected
108287 official;
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110288 6. Partially or fully co mpleting an application for an absentee
111289 ballot on behalf of another person without that person's prior
112290 consent; or
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114291 6. 7. Notarizing or witnessing more absentee ballots t han
115292 allowed by law.
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117293 B. Absentee ballot harvesting shall be unlawful at any election
118294 conducted by a county election board, the State Election Board or
119295 any political subdivision of this state; provided, the following
120296 shall not be deemed to be ballot harvest ing:
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122297 1. A voter's assistant or agent acting pursuant to law as
123298 otherwise allowed by T itle 26 of the Oklahoma Statutes this title;
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125299 2. An absentee voting board member, as described in Title 26 of
126300 the Oklahoma Statutes this title, who assists a voter confined to a
127301 nursing home or veterans center pursuant to law;
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129302 3. An employee of the Federal Voting Assistance Pr ogram, the
130303 United States Department of Defense or the Oklahoma National Guard
131304 who assists a uniformed-services voter in returning or transmitting
132305 an absentee ballot;
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134306 4. A spouse, relative in the first or second degree of
135307 consanguinity or affinity or cohab itant of a voter who forwards an
136-absentee ballot to the voter when absent from the home; ENR. H. B. NO. 3321 Page 4
308+absentee ballot to the voter when absent from the home;
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138335 5. A voter's spouse who, with the voter 's consent, returns the
139336 voter's absentee ballot by mail; or
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141337 6. An official action by an election official that is required
142338 or authorized by law.
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144-SECTION 5. AMENDATORY 26 O.S. 2021, Section 21-101, is
339+SECTION 5. AMENDATORY 26 O.S. 2021, Section 16-123, is
145340 amended to read as follows:
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341+Section 16-123. A. The Secretary of the State Election Boa rd
342+or any county election board who has documents that appear to be
343+evidence of voter registration or voting crimes shall not ify the
344+district attorney for the county or counties involved and the Office
345+of the Attorney General .
346+B. When presented with docum entation of possible voter
347+registration or voting crimes by the Secr etary of the State Election
348+Board or any county election board, a district attorney shall
349+investigate and, within thirty (30) days and each thirty (30) days
350+thereafter following receipt of such documentation, report in
351+writing to the Secretary of the State Election Board or county
352+election board the status of th e investigation until charges are
353+filed or the district attorney declines to file charges.
354+SECTION 6. AMENDATORY 26 O.S. 2021, Section 21-101, is
355+amended to read as follows:
147356 Section 21-101. A. The Secretary of the State Election Board
148357 is hereby authorized beginnin g July 1, 1989, to purchase equipment
149358 for and implement a unitary, unified, integrated system o f election
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150385 administration for the State of Oklahoma that includes an electronic
151386 data processing system for maintenance of vot er registration
152387 records, certificati on of election results and other
153388 election-related applications, and the installation of electro nic,
154389 optical scanning voting devices compatible with the same system in
155390 every precinct polling place.
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157391 B. The Secretary of th e State Election Board is authorized to
158392 adopt procedures consistent, insofar as practicab le, with existing
159393 law for implementation o f the system.
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161-C. Except as provided in subsection A of this section, no
162-electronic data processing applications shall be implemented by a
163-county election board, nor shall voting de vices be purchased by a
164-county, except for those electronic data processin g applications and
165-voting devices already in use or for which a contract had been
166-signed by no later than March 31, 1986.
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394+C. Except as provided in subsection A, no electronic data
395+processing applications shall be implemented by a co unty election
396+board, nor shall votin g devices be purchased by a county, except for
397+those electronic data processing applications an d voting devices
398+already in use or for which a contract had been signed by no later
399+than March 31, 1986.
168400 D. A new unitary integrated voting system described in
169401 subsection A of this section that is implemented on or after January
170402 1, 2023, shall be required to report the officia l election returns
171403 of each election by precinct , including, but not limited to, all
172-votes cast in person and by absentee ballot.
173- ENR. H. B. NO. 3321 Page 5
174-Passed the House of Representatives the 10th day of May, 2022.
404+votes cast in person and by absentee.
405+SECTION 7. It being immediately necessary for the preservation
406+of the public peace, health or safety, an emergency is hereby
407+declared to exist, by reason wh ereof this act shall take effect and
408+be in full force from and a fter its passage and approval.
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435+Passed the House of Representatives the 23rd day of March, 2022.
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179440 Presiding Officer of the Hous e
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183-Passed the Senate the 20th day of April, 2022.
444+Passed the Senate the ___ day of __________, 2022.
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188449 Presiding Officer of the Senate
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192-OFFICE OF THE GOVERNOR
193-Received by the Office of the Governor this ____________________
194-day of ___________________, 20_______, at _ ______ o'clock _______ M.
195-By: _________________________________
196-Approved by the Governor of the State of Oklahoma this _____ ____
197-day of ___________________, 20_______, at _______ o'clock _______ M.
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200- _________________________________
201- Governor of the Stat e of Oklahoma
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203-OFFICE OF THE SECRETARY O F STATE
204-Received by the Office of the Secretary of State this __________
205-day of ___________________, 20_______, at _______ o'clock _______ M.
206-By: _________________________________
207-