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SENATE FLOOR VERSION
February 10, 2021
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 440 By: Pugh, Floyd and Boren
An Act relating to elections; amending 26 O.S. 2011,
Section 14-115.4, as last amended b y Section 1,
Chapter 130, O.S.L. 2017 (26 O.S. Supp. 2020, Section
14-115.4), which relates to in -person absentee
voting; increasing number of days for in -person
absentee voting; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 26 O.S. 2011, Section 14 -115.4, as
last amended by Section 1, Chapter 130, O.S.L. 2017 (26 O.S. Supp.
2020, Section 14-115.4), is amended to read a s follows:
Section 14-115.4. A. 1. A registered voter may apply for an
in-person absentee ballot at a location designated by the secretary
of the county election board from 8 a.m. to 6 p.m. on Thursday and
each weekday, Monday through Friday, that immediately precedes the
weekend immediately preceding any election and from 9 a.m. to 2 p.m.
on Saturday immediately preceding a state or federal election. As
part of the application for an in -person absentee ballot such
registered voter shall swear or affi rm that the voter has not voted
a regular mail absentee ballot and that the voter will not vote at
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the regular polling place in the election for which the in -person
absentee ballot is requested.
2. The secretary of the county election board in counties wi th
twenty-five thousand (25,000) or more registered vote rs, or with an
area in excess of one thousand five hundred (1,500) square mi les,
may designate more than one location as an in -person absentee
polling place for an election, subject to the approval of and
pursuant to the rules and procedures prescribed by the Secretary of
the State Election Board.
B. 1. The voter also shall prov ide proof of identity as
defined in Section 7 -114 of this title. If the voter declines to or
is unable to produce proof of identity, the voter may sign a
statement under oath, in a form approved by the Se cretary of the
State Election Board, swearing or af firming that the person is the
person identified on the precinct registry, and shall be allowed to
cast a provisional ballot as provided in Section 7 -116.1 of this
title.
2. False swearing or affirming un der oath shall be punishable
as a felony as provide d in Section 16-103 of this title, and the
penalty shall be distinctly set forth on the face of the statement.
C. One or more absentee voting boards shall be on duty at the
in-person absentee polling plac e on the days and during the hours
set forth in subsection A of this section. If the secretary of a
county election board receives an application from a registered
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voter requesting to vote by in-person absentee ballot the secretar y
shall cause to be imple mented the following procedures:
1. An absentee voting board shall provide to each registered
voter who applies for an in -person absentee ballot appropriate
ballots and materials as may be necessary to vote;
2. The voter must sig n an in-person absentee voter record, and
the signature of the voter on such record must be certified by both
members of the absentee voting board, except that the secretary of
the county election boa rd and one other member of the absentee
voting board may certify the signature of another member of the
absentee voting board;
3. The voter must mark the ballots of the voter in the manner
provided by law in the presence of the absentee voting board, but in
such a manner as to make it impossible for any person other than the
voter to ascertain how such ballots are marked. Insofar as is
possible, the voting procedure shall be the same as if the voter
were casting a vote in person at a precinct;
4. The voter shall then deposit the ballot in a voting device
designated for in-person absentee voting by the secretary of the
county election board;
5. When the in-person polling place is closed on each day of
in-person absentee voting the in -person absentee votin g board shall,
without obtaining a printout of results, remove the electronic
results storage media from the voting device and seal ballots
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counted that day in a transfer case which shall be secured by the
sheriff of the county in the same manner as provid ed in Section 8-
110 of this title. The electronic resul ts storage media shall be
sealed in a container prescribed by the Secretary of the State
Election Board. The sheriff shall secure the sealed electronic
results storage media container and return it t o the in-person
absentee voting board no later than 7:45 a.m. on the next day of in-
person absentee voting or to the secretary of th e county election
board at the time of the county election board meeting to count
absentee ballots on election day; and
6. If there is a malfunction in such a way that the electro nic
results storage media used for in-person absentee voting will not
function, the sheriff is authorized to return the transfer cases
containing in-person absentee ballots to the county election boar d
to be recounted as provided in Section 7 -134.1 of this title.
SECTION 2. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON RULES
February 10, 2021 - DO PASS AS AMENDED