Oklahoma 2022 2022 Regular Session

Oklahoma Senate Bill SB103 Introduced / Bill

Filed 12/07/2020

                     
 
 
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STATE OF OKLAHOMA 
 
1st Session of the 58th Legislature (2021) 
 
SENATE BILL 103 	By: Kirt 
 
 
 
 
 
AS INTRODUCED 
 
An Act relating to absentee ballots; amending 26 O.S. 
2011, Sections 14-104, as amended by Section 1, 
Chapter 237, O.S.L. 2016 and 14-113.2 (26 O.S. Supp. 
2020, Section 14-104), which relate to return and 
marking of ballots; conform ing language; authorizing 
hand delivery of certain absent ee ballots; requiring 
proof of identity for hand delivery of certain 
absentee ballots; establishing deadli ne for return of 
certain absentee ballots by hand delivery; defining 
term; and providing an effective date . 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKL AHOMA: 
SECTION 1.    AMENDATORY     26 O.S. 2011, Section 14 -104, as 
amended by Section 1, Chapter 237, O.S.L. 2016 (26 O.S. Supp. 2020, 
Section 14-104), is amended to read as follows: 
Section 14-104. Absentee ballots shall be returned to the 
secretary of each county electi on board no later than 7:00 p.m. the 
day of the election; provided, absentee ballots that are h and 
delivered to the county election board as provided in Section 
Sections 14-108 and 14-113.2 of this title shall be delivered no 
later than the end of regular business hours on the day prior to the 
date of the election.   
 
 
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SECTION 2.     AMENDATORY     26 O.S. 2011, Section 14 -113.2, is 
amended to read as follows: 
Section 14-113.2. A.  The voter shall be responsible for 
marking the ballots or directing a person chosen by the voter to 
mark the ballots in accordance with the provisions of Section 7 -
123.3 of this title and as prescribed by t he Secretary of the State 
Election Board; seal the ballots in the plain opaque envelope; fill 
out completely and sign the affidavit or direct a person chosen by 
the voter to sign the affidavit, such signature to be witnessed by 
two persons, who did not sig n the affidavit, whose signature and 
address shall appear on the affidavit; seal the plain opaque 
envelope inside the envelope bearing the affidavit and return bo th 
envelopes, sealed inside the return envelope, by hand delivery, 
United States mail or by a private mail se rvice, provided such 
service has delivery documentation, to the county election board. 
B.  No person, except members of absentee voting boards, sha ll 
witness the signature of more than five affidavits of persons who 
swear they are physically incapacitated and unable to vote in person 
at their precinct on election day.  No person who is a cand idate for 
an office on the ballot or who is related within the third degree of 
consanguinity or affinity to a candidate on the ballot may witness 
any absentee ballot af fidavit. 
C.  Except for absentee ballot s issued pursuant to Sections 14 -
115 or 14-115.1 of this title, any voter or the person chosen by the   
 
 
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voter to mark the ballot pursuant to subsection A of this section 
who hand delivers the voter's ballot shall provide proof of identity 
to the county election board and shall hand d eliver the ballot no 
later than the end of regular business hours on the day prior to the 
date of the election.  For purposes of this section, "proof of 
identity" shall have the same meaning as used in subsection A of 
Section 7-114 of this title. 
SECTION 3.  This act shall become effective November 1, 2021. 
 
58-1-512 TEK 12/7/2020 4:49:47 PM