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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 1000 By: Stephens
AS INTRODUCED
An Act relating to voter registration; a mending 26
O.S. 2011, Section 4 -120.3, as last amended by
Section 3, Chapter 377, O.S.L. 2015 (26 O.S. Supp.
2020, Section 4-120.3), which relates to cancellation
of registration of deceased persons; requiring
removal from certain registry and da tabase within
specified time frame; and prov iding an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 26 O.S. 2011, Section 4 -120.3, as
last amended by Section 3, Chapter 377, O.S.L. 2015 (26 O.S. Supp.
2020, Section 4-120.3), is amended to read as follows:
Section 4-120.3. A. The State Department of Health shall each
month transmit to the Secretary of the State Election Board a
certified list of all deaths of residents that have occurred within
the state for the immediately preceding month. The Secretary of the
State Election Board shall transmit such list to the secretary of
the county election board who shall then use such lis t to ascertain
those voters who are deceased, and shall thereafter remove such
deceased person’s name from the central registry and voter
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registration database within ten (10) business days of ascertaining
the death of a registered voter. Such list shall be used only for
the purposes hereinbefore described.
B. The registration of a deceased voter may be canceled by the
secretary of a county election bo ard upon the receipt of a certified
copy of a death certificate from any person or upon the execution by
the next of kin of such deceased voter of a form and upon the nature
of proof of the fact thereof as prescribed by the Secretary of the
State Election Board. Such form must be executed in person by the
deceased voter’s next of kin at the county election b oard office, in
which case it shall be witnessed by the secretary or other
designated employees, at t he deceased voter’s precinct polling place
or at the next of kin’s precinct polling place in the same county on
the day of any election, in which case it s hall be witnessed by the
inspector of such precinct, or the form may be personally signed by
the next of kin, such signature to be notarized by a notar y public
or witnessed by two persons whose signatures and addresses shall
appear on the form, and returne d to the county election board.
C. The administrator of a nursing facility, as defined in
Section 1-1902 of Title 63 of the Oklahoma Statutes, or the
administrator of a veterans center established pursuant to Title 72
of the Oklahoma Statutes, also may ex ecute a form prescribed by the
Secretary of the State Election Board to notify the secretary of the
county election board of the death of a nursing fac ility resident
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who is a registered voter. The administrator ’s signature on such
form shall be witnessed by a member of the nursing home absentee
voting board, shall be notarized or shall be witnessed by tw o
persons whose signatures and addresses shall app ear on the form.
D. A funeral director, as defined in Section 396.2 of Title 59
of the Oklahoma Statutes , may execute a form prescribed by the
Secretary of the State Election Board to notify the secretary of the
county election board of the death of a res ident of the county. The
funeral director’s signature on such form either shall be notarized
or shall be witnessed by two persons whose signatures and addresses
shall appear on the form. Upon receipt of s uch form or any notice
setting forth substantially the same facts and witnessed or
notarized as provided in this section, the secretary of the county
election board shall be authorized to cancel the voter registration
of such deceased person.
E. The registration of a deceased voter who was a member of th e
Oklahoma National Guard or the armed forces of the United States and
who died in the line of duty may b e canceled by the secretary of a
county election board upon the receipt of notification of the
voter’s death from the Oklahoma National Guard or the ar med forces
of the United States. The Secretary of the State Election Board may
prescribe the forms of su ch notification to be accepted by the
county election board in order to cause the registration of the
voter to be canceled. The Secretary shall furthe r request the
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Oklahoma National Guard and the armed forces of the United States to
provide notifications to the county election board as provided for
in this section.
F. The Secretary of the State Election Board is authorized to
obtain official death reco rds from the Social Security
Administration and from other states. The Secretary of the State
Election Board may compare such death records against the state ’s
voter registration database. Any possible ma tch of a death record
to a registered voter shall be transmitted to the secretary of the
county election board in the county in which the voter is
registered. The secretary of the county election board shall
ascertain any voter who is deceased, and shall remove such deceased
person’s name from the centra l registry and voter registration
database.
SECTION 2. This act shall become effective November 1, 2021.
58-1-1568 TEK 1/21/2021 8:42:42 PM