Oklahoma Senate Bill SB33

Oklahoma 2022 Regular Session

• Introduced: 2/1/21
• Refer: 2/2/21

Caption

Presidential electors; modifying procedures for election of presidential electors; providing exception upon enactment of certain federal law. Emergency.

Impact

The impact of SB33 on state laws revolves around the modification of the election process by giving the Legislature the authority to elect presidential electors rather than allowing registered voters to do so. This could centralize power in the hands of the Legislature, which may alter the democratic nature of presidential elections. The bill also establishes a contingency where these changes would only remain in effect until certain federal laws regarding election security measures are enacted, such as requirements for voter identification and the use of auditable paper ballots. This creates a complex relationship between state law and federal mandates.

Summary

Senate Bill 33 aims to modify the existing procedures for the election of presidential electors in Oklahoma. It amends Section 10-103 of Title 26 of the Oklahoma Statutes, shifting the timing and method by which electors are selected. The primary change is that the Legislature will directly elect the presidential electors on the third Tuesday after the first Monday in November in the year preceding the expiration of a President's term, rather than through a popular vote by registered voters as previously mandated. This shift reflects a significant change in the traditional process of electing presidential electors in the state.

Contention

Debate around SB33 is likely to focus on issues of democracy and representation. Proponents of the bill may argue that it allows for more secure and managed electoral processes, aligning with the notion of legislative oversight. However, critics are likely to express concerns that this move undermines the democratic process by removing direct voter influence in presidential elections, which may lead to accusations of disenfranchisement. Furthermore, since the validity of the new procedure is contingent upon the enactment of federal law regarding election security, there might be uncertainties about the longevity and effectiveness of these changes.