Req. No. 512 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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. Req. No. 512 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 512 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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