Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB440 Compare Versions

Version 1 (Old)

Version 2 (New)

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29		-	SENATE FLOOR VERSION
30		-	February 10, 2021
	28	+	STATE OF OKLAHOMA
31	29
	30	+	1st Session of the 58th Legislature (2021)
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33	32		COMMITTEE SUBSTITUTE
34	33		FOR
35		-	SENATE BILL ~~NO.~~ 440 By: Pugh~~, Floyd and Boren~~
	34	+	SENATE BILL 440 By: Pugh
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	39	+
	40	+	COMMITTEE SUBSTITUTE
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41	42		An Act relating to elections; amending 26 O.S. 2011,
42	43		Section 14-115.4, as last amended b y Section 1,
43	44		Chapter 130, O.S.L. 2017 (26 O.S. Supp . 2020, Section
44	45		14-115.4), which relates to in -person absentee
45	46		voting; increasing number of days for in -person
46	47		absentee voting; and providing an effective date.
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51	52		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
52	53		SECTION 1. AMENDATORY 26 O.S. 2011, Section 14 -115.4, as
53	54		last amended by Section 1, Chapter 130, O.S.L. 2017 (26 O.S. Supp.
54	55		2020, Section 14-115.4), is amended to read a s follows:
55	56		Section 14-115.4. A. 1. A registered voter may apply for an
56	57		in-person absentee ballot at a location designated by the secretary
57	58		of the county election board from 8 a.m. to 6 p.m. on Thursday and
58	59		each weekday, Monday through Friday, that immediately precedes the
59	60		weekend immediately preceding any election and from 9 a.m. to 2 p.m.
60	61		on Saturday immediately preceding a state or federal election. As
61	62		part of the application for an in -person absentee ballot such
62	63		registered voter shall swear or affi rm that the voter has not voted
63		-	a regular mail absentee ballot and that the voter will not vote at
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	90	+	a regular mail absentee ballot and that the voter will not vote at
91	91		the regular polling place in the election for which the in -person
92	92		absentee ballot is requested.
93	93		2. The secretary of the county election board in counties wi th
94	94		twenty-five thousand (25,000) or more registered vote rs, or with an
95	95		area in excess of one thousand five hundred (1,500) square mi les,
96	96		may designate more than one location as an in -person absentee
97	97		polling place for an election, subject to the approval of and
98	98		pursuant to the rules and procedures prescribed by the Secretary of
99	99		the State Election Board.
100	100		B. 1. The voter also shall prov ide proof of identity as
101	101		defined in Section 7 -114 of this title. If the voter declines to or
102	102		is unable to produce proof of identity, the voter may sign a
103	103		statement under oath, in a form approved by the Se cretary of the
104	104		State Election Board, swearing or af firming that the person is the
105	105		person identified on the precinct registry, and shall be allowed to
106	106		cast a provisional ballot as provided in Section 7 -116.1 of this
107	107		title.
108	108		2. False swearing or affirming un der oath shall be punishable
109	109		as a felony as provide d in Section 16-103 of this title, and the
110	110		penalty shall be distinctly set forth on the face of the statement.
111	111		C. One or more absentee voting boards shall be on duty at the
112	112		in-person absentee polling plac e on the days and during the hours
113	113		set forth in subsection A of this section. If the secretary of a
114		-	county election board receives an application from a registered
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	140	+	county election board receives an application from a registered
142	141		voter requesting to vote by in-person absentee ballot the secretar y
143	142		shall cause to be imple mented the following procedures:
144	143		1. An absentee voting board shall provide to each registered
145	144		voter who applies for an in -person absentee ballot appropriate
146	145		ballots and materials as may be necessary to vote;
147	146		2. The voter must sig n an in-person absentee voter record, and
148	147		the signature of the voter on such record must be certified by both
149	148		members of the absentee voting board, except that the secretary of
150	149		the county election boa rd and one other member of the absentee
151	150		voting board may certify the signature of another member of the
152	151		absentee voting board;
153	152		3. The voter must mark the ballots of the voter in the manner
154	153		provided by law in the presence of the absentee voting board, but in
155	154		such a manner as to make it impossible for any person other than the
156	155		voter to ascertain how such ballots are marked. Insofar as is
157	156		possible, the voting procedure shall be the same as if the voter
158	157		were casting a vote in person at a precinct;
159	158		4. The voter shall then deposit the ballot in a voting device
160	159		designated for in-person absentee voting by the secretary of the
161	160		county election board;
162	161		5. When the in-person polling place is closed on each day of
163	162		in-person absentee voting the in -person absentee votin g board shall,
164	163		without obtaining a printout of results, remove the electronic
165		-	results storage media from the voting device and seal ballots
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	190	+	results storage media from the voting device and seal ballots
193	191		counted that day in a transfer case which shall be secured by the
194	192		sheriff of the county in the same manner as provid ed in Section 8-
195	193		110 of this title. The electronic resul ts storage media shall be
196	194		sealed in a container prescribed by the Secretary of the State
197	195		Election Board. The sheriff shall secure the sealed electronic
198	196		results storage media container and return it t o the in-person
199	197		absentee voting board no later than 7:45 a.m. on the next day of in-
200	198		person absentee voting or to the secretary of th e county election
201	199		board at the time of the county election board meeting to count
202	200		absentee ballots on election day; and
203	201		6. If there is a malfunction in such a way that the electro nic
204	202		results storage media used for in-person absentee voting will not
205	203		function, the sheriff is authorized to return the transfer cases
206	204		containing in-person absentee ballots to the county election boar d
207	205		to be recounted as provided in Section 7 -134.1 of this title.
208	206		SECTION 2. This act shall become effective November 1, 2021.
209		-	~~COMMITTEE REPORT BY: COMMITTEE ON RULES~~
210		-	~~February~~ 10, 2021 ~~- DO PASS AS AMENDED~~
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	208	+	58-1-1747 TEK 2/10/2021 11:59:25 AM