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SENATE FLOOR VERSION
April 13, 2022
COMMITTEE SUBSTITUTE
FOR ENGROSSED
HOUSE BILL NO. 3364 By: Roberts (Eric) and
Crosswhite Hader of the
House
and
Haste of the Senate
[ elections - absentee voting - effective date –
emergency ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 26 O.S. 2021, Section 14 -105, is
amended to read as follows:
Section 14-105. A. Any registered voter may apply for an
absentee ballot in person at the county election board, by United
States mail, by telegraph, by facsimile device as defined in Sec tion
1862 of Title 21 of the Oklahoma Statutes o r by a means of
electronic communication d esignated by the Secretary of the State
Election Board. The S ecretary of the State Election Board shall
prescribe a form to be used for the application, although any
application setting forth substantially the sam e facts shall be
valid.
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B. 1. A registered voter applying for an absentee ballot by
means of electronic communication shall provide his or her name,
birth date, an identification number, and other information as may
be prescribed by the Secretary of the S tate Election Board. The
name, birth date, and identification number provided on the
application must match the name, birth date, and identification
number in the voter registration record in order to apply for an
absentee ballot pursuant to this subsection .
2. If the voter does not recall which identification number he
or she included in the voter regist ration record, the voter may
provide multiple identification numbers, at leas t one of which must
match the identification number in the voter registration record if
such record included an identification number . If the name, birth
date, or any identification number provided does not match the voter
registration record, the voter shall be informed of the failure to
match the voter registration rec ord and shall be provided
information and instruction to contact t he county election board.
3. If the voter registration record on file with the county
election board does not contain a birth date or identification
number, the voter shall not be eligible to apply for an absentee
ballot by means of electronic communicati on but may apply for an
absentee ballot pursuant to subsection C of this section. To become
eligible to apply for an absentee ballot by means of electronic
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communication, the voter shall submit a new voter registration
application that includes a birth date and an identification number.
4. Identifying information such as birth date and
identification number shall not be modified online in an existing
voter registration except as provided in Section 4 -109.4 of this
title.
5. No later than January 1, 2023, a registered voter applying
for an absentee ballot pursuant to this subsection who meets the
criteria provided in Section 7-115.1 of this title shall be required
to confirm his or her address prior to submitting an application for
absentee ballot by mean s of electronic communi cation.
C. 1. A registered voter applying for an absentee ballot in
person, by United States mail, or by facsimile device shall provide
his or her name, birth date, an identification number, and other
information as may be prescrib ed by the Secretary of the S tate
Election Board. The name, birth date, and identification number
provided on the application must match the name, birth date, and
identification number in the voter registration record.
2. If the voter does not recall w hich identification number he
or she included in the voter registration record, the voter may
provide multiple identification numbers, at least one of which must
match the identification number in the voter registration record if
such record included an identification number. If the voter
registration record does not have an identification number, the
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absentee ballot application shall be accepted without a match of an
identification number.
D. For purposes of this sec tion, "identification number" means
a number submitted on the registration application p ursuant to
paragraph 3 of subsection A of Section 4-112 of this title.
SECTION 2. AMENDATORY 26 O.S. 2021, Section 14 -110.1, is
amended to read as follows:
Section 14-110.1. A registered voter who swears or affirms that
the voter is physically unable to vote in person at the precinct on
the day of the election because the voter is:
1. Physically incapacitated ; or
2. Charged with the care of another person who is physically
incapacitated and who cannot be left unattended;
may apply for an absentee ballot. Such applications may be made by
United States mail, by facsimile device as defined by Section 1862
of Title 21 of the Oklahoma Statutes or by a means of electronic
communication designated by the Secretary of the State Election
Board or may be made in person at the office of the county election
board by an agent of the voter. Such an agent shall be a person of
the voter's choosing who is at least sixteen (16) years of age and
who is not employed by or related within the third d egree of
consanguinity or affinity to any person whose name appears on the
ballot. No person may be the agent for more than one vote r at any
election. The Secretary of the State Election Board shall prescribe
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a form to be used for the application, althou gh any application
setting forth substantially the same facts shall be valid.
Requirements established pursuant to Section 14 -105 of this title
shall apply to applications for absent ee ballots under this section.
SECTION 3. AMENDATORY 26 O.S. 2021, Section 14-114, is
amended to read as follows:
Section 14-114. If the secretary of a county election board
receives such a request from an incapacitated elector confined to a
nursing facility, as defined in Section 1 -1902 of Title 63 of the
Oklahoma Statutes, outside the county of jurisdiction of the
secretary, the secretary shall provide ballots and materials by mail
in the manner hereinbefore prescribed. Requirements established
pursuant to Section 14-105 of this title shall apply to applications
for absentee ballots under this section.
SECTION 4. AMENDATORY 26 O.S. 2021, Section 14-115, is
amended to read as follows:
Section 14-115. A. If the secretary of a cou nty election board
receives a request from an incapacitated elector confined to a
nursing facility, as defined in Section 1 -1902 of Title 63 of the
Oklahoma Statutes, or a veterans center established pursuant to
Title 72 of the Oklahoma Statutes within the county of the
jurisdiction of the secretary, and such request satisfies the
requirements established pursuant to Section 14 -105 of this title,
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the secretary shall cause to be implemented the following
procedures:
1. On the Thursday, Friday, Saturday or M onday preceding the
election, the absentee vot ing board shall deliver to each registered
voter who is confined to a nursing facility, as defined in Section
1-1902 of Title 63 of the Oklahoma Statutes, or a veterans center
established pursuant to Title 72 o f the Oklahoma Statutes and who
requested ballots for an incapacitated voter the ballots and
materials as may be necessary to vote same.
2. The voter must mark the ballots in the manner hereinbefore
provided in the presence of the absentee voting board, b ut in such a
manner as to make it impossible f or any person other than the voter
to ascertain how the ballots are marked. Insofar as is possible,
the voting procedure shall be the same as if the voter were casting
a vote in person at a precinct.
3. The voter shall then seal the ballots in the plain opaque
envelope and shall seal the plain opaque envelope in the envelope
bearing an affidavit. The voter must complete the affidavit, and
the signature of the voter on same must be witnessed by both members
of the absentee voting board.
4. The envelope bearing an affidavit then must be sealed in the
return envelope, which shall be returned by the absentee voting
board to the secretary of the county election board on the same day
the affidavit was executed.
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5. Ballots cast in such manner shall be counted in the same
manner as regular mail absentee ballots.
B. The voter may request the assistance of the absentee voting
board members to mark a ballot, complete the affidavit or seal t he
envelopes as described in this section.
C. 1. An administrator or empl oyee of a nursing facility or
veterans center who attempts to coerce or influence the vote of a
person residing in or confined to that facility shall be deemed to
be in violation of Section 16-109 of this title.
2. An administrator or employee of a nursin g facility or
veterans center who prevents or attempts to prevent a person
residing in or confined to that facility from voting pursuant to
this section shall be deemed to be in vio lation of Section 16 -113 of
this title.
SECTION 5. AMENDATORY 26 O.S. 2021, Section 14 -115.1, is
amended to read as follows:
Section 14-115.1. A registered voter who becomes incapacitated
after 5:00 p.m. on Tuesday preceding an election, is unable to vote
in person at the appropriate precinct on the day of the election may
make a written request for an absentee ballot. Requirements
established pursuant to Section 14 -105 of this title shall apply to
a request for absentee ballots under this section. The request
shall be signed by the voter or signed by a witness at the voter's
direction if the voter is unable to sign his or her n ame, and shall
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be transmitted to the secretary of the county election board. The
person transmitting the request on behalf of the v oter may be anyone
of the voter's choosing who is at least sixteen (16) years of age;
provided, the person is not employed b y nor related within the third
degree of consanguinity or affinity to any pe rson whose name appears
on the ballot. The person becom es the voter's agent for purposes of
voting by absentee ballot. The voter's request must be accompanied
by a sworn statement by a duly licensed physician. Expected or
likely confinement for childbir th on election day is sufficient
cause to entitle a vote r to vote absentee pursuant to this section.
The statement must attest to the fact that the voter is in fact
unable to vote in person at the appropriate precinct on the day of
the election because of a physical incapacity and that the physical
incapacity originated after 5:00 p.m. on Tuesday precedin g an
election. Upon receipt of the voter 's request and accompanying
sworn statement, the secretary of the county election board shall
issue to the voter's agent the appropriate ballots and envelopes
required for voting by incapacitated voters. The ballot s must be
returned by the agent to the secretary of the county election board
no later than 7:00 p.m. on the day of the election. No person may
be the agent for more than one voter at any election. Upon retur n
of the absentee ballots, the secretary of th e county election board
shall cause the ballots to be processed in the same ma nner as is
prescribed for other absentee ballots.
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SECTION 6. AMENDATORY 26 O.S. 2021, Section 14 -115.6, is
amended to read as follows:
Section 14-115.6. A. A registered voter who, within ten (10)
days preceding an election, is deployed as a first responder or
emergency worker to assist with the rescue, recovery, or reli ef
efforts of a declared natural disast er or state of emergency, may
make a written request for an emergency absentee ballot in a form
prescribed by the Secretar y of the State Election Board. The
request shall be signed by the voter and shall be provided by the
voter to the secretary of the co unty election board in the county
where the voter is registered. Requirements established pursuant to
Section 14-105 of this title shall apply to a request for an
absentee ballot under this section.
B. Upon receipt of the voter 's request, the secretary o f the
county election board shall issue to the voter the appropriate
ballots and envelopes requi red for voting an emergenc y absentee
ballot. Provided, the voter shall present proof of identity as
required by Section 7 -114 of this title.
C. The ballots must be returned in person by the voter, by
United States mail, or by other means of delivery appr oved by the
Secretary of the State Election Board, to the secretary of the
county election board no later than 7:00 p.m. on the day of the
election.
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D. Upon return of the absentee ballots, the secretary of the
county election board shall cause the ballots to be processed in the
same manner as is prescribed for other absentee ballots.
E. The Secretary of the State Election Board shall promulgate
rules to implement the procedures described in this section.
SECTION 7. AMENDATORY 26 O.S. 2021, Section 14 -142, is
amended to read as follows:
Section 14-142. A. A covered voter who is registered to vote
in this state may apply for a military -overseas ballot using either
the regular absentee ballot application in use in the voter 's
jurisdiction under Section 14-101 et seq. of Title 26 of the
Oklahoma Statutes this title or the federal postcard application or
the application's electronic equival ent. Requirements established
pursuant to Section 14-105 of this title shall apply to applications
for absentee ballots under this section.
B. A covered voter who is not registered to vote in this state
may use a federal postcard application or the appli cation's
electronic equivalent to apply simult aneously to register to vote
under Section 6 14-141 of this act title and for a military-overseas
ballot.
C. The Secretary of the State Election Board shall ensure that
the electronic transmission system descr ibed in subsection C of
Section 4 14-139 of this act title is capable of accepting the
submission of both a federal postcard application and any other
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approved electronic military -overseas ballot application sent to the
appropriate election official. The voter may use the electronic
transmission system or any other approved method to apply for a
military-overseas ballot.
D. A covered voter may use the declaration accompanying a
federal write-in absentee ballot as an application for a military -
overseas ballot simultaneously with the submission of the federal
write-in absentee ballot, if the declaration is received by the
appropriate election official by the last day for other voters in
this state to apply for an absentee ballot for that election
pursuant to the provisions of Section 14-103 of Title 26 of the
Oklahoma Statutes this title.
E. To receive the benefits of the Uniform Military and Overseas
Voters Act, a covered voter must inform the appropriate election
official that the voter is a covered voter. Methods of informing
the appropriate election official that a voter is a covered voter
include:
1. The use of a federal postcard application or federal write -
in absentee ballot;
2. The use of an overseas address on an approved voter
registration application or ballot applic ation; and
3. The inclusion on an approved voter registration application
or ballot application of other information sufficient to identify
the voter as a covered voter.
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F. This act does not preclude a covered voter from voting unde r
the provisions of Se ction 14-101 et seq. of Title 26 of the Oklahoma
Statutes this title.
SECTION 8. This act shall become effective July 1, 2022.
SECTION 9. It being immediately nece ssary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall ta ke effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON RULES
April 13, 2022 - DO PASS AS AMENDED