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ENGROSSED HOUSE AMENDME NT
TO
ENGROSSED SENATE BILL NO . 523 By: Paxton and Bullard of the
Senate
and
Lepak of the House
An Act relating to elections; amending 26 O.S . 2011,
Section 2-106, which relates to d uties of the State
Election Board; prohibiting certain enti ties from
entering into certain legal agre ements or
settlements; prohibiting altera tion or amendment of
election procedures by certain officers; and
providing an effecti ve date.
AUTHOR: Add the following House Coauthor: Roberts (Sean)
AUTHOR: Add the following Senate Coauthor s: Bergstrom, Jett,
and Jech
AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill
and insert:
"An Act relating to elections; amending 26 O.S. 2021,
Section 2-106, which relates to d uties of the State
Election Board; prohibiting certain enti ties from
entering into certain legal agreement s or
settlements; prohibiting altera tion or amendment of
election procedures by certain officers; authorizing
intervention in civil proceedings; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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SECTION 1. AMENDATORY 26 O.S. 20 21, Section 2-106, is
amended to read as follows:
Section 2-106. A. The State Election Board shall perform such
duties as may be prescribed by law.
B. 1. No agency, board, or commission or other entity of state
government, or officer of this state, or state employee, or a county
election board, shall enter into a legal agre ement, consent decree,
or settlement of any kind which would alter or amend election
procedures prescribed by the Legislature in statute. Any such
agreement, consent decree or settlement entered into in violation of
this subsection shall be void and unenforceable.
2. Neither the Governor nor a ny officer of the state nor any
political subdivision of the state, nor any court created by the
Oklahoma Constitution or by statute , shall amend or alter the
election procedures prescribed by the Legislature in statute, except
where specifically authorize d by statute.
C. Either chamber of the Legislature, acting by the Speaker of
the Oklahoma House of Representativ es or the President Pro Tempore
of the Oklahoma State Senate or both su ch persons jointly, may
intervene in any action, suit , or proceeding that challenges or
attempts to modify election procedures presc ribed by statute.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
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declared to exist, by reason whereof this act shall take effect and
be in full force from and af ter its passage and approval."
Passed the House of Representatives the 27th day of April, 2022.
Presiding Officer of the House of
Representatives
Passed the Senate the ____ day of _______ ___, 2022.
Presiding Officer of the Senate
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ENGROSSED SENATE
BILL NO. 523 By: Paxton and Bullard of the
Senate
and
Lepak of the House
An Act relating to elections; amending 26 O.S . 2011,
Section 2-106, which relates to d uties of the State
Election Board; prohibiting certain enti ties from
entering into certain legal agreement s or
settlements; prohibiting altera tion or amendment of
election procedures by certain officers; and
providing an effecti ve date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 3. AMENDATORY 26 O.S. 2011, Section 2 -106, is
amended to read as follows:
Section 2-106. A. The State Election Board shall perform such
duties as may be prescribed by law.
B. 1. No political subdivision , agency or officer of this
state including but not limited to the Governor, the Attorney
General, the State Election Board, a district attorney or a county
election board, shall enter into a legal agre ement or court
settlement that prescribes election proced ures that conflict with
procedures prescribed by the Legislature in statute.
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2. Neither the Governor nor any offic er of the executive
branch, by executive order or other executive action, shall alte r or
amend procedures duly enacted by the Legislature exc ept where
specifically authorized in this title.
SECTION 4. This act shall become effective Nov ember 1, 2021.
Passed the Senate the 3rd day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2021.
Presiding Officer of the House
of Representatives