Req. No. 1194
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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 714 By: Jech
AS INTRODUCED
An Act relating to elections; amending 26 O.S. 2011,
Sections 14-103, as amended by Section 2, Chapter
151, O.S.L. 2020, 14 -108, as amended by Section 2,
Chapter 237, O.S.L. 2016, 14 -115, as amended by
Section 9, Chapter 151, O.S.L. 2020, 14 -115.1, as
amended by Section 10, Chapter 151, O.S.L. 2020 and
Section 6, Chapter 200, O.S.L. 2013 (26 O.S. Supp.
2020, Sections 14-103, 14-108, 14-115, 14-115.1 and
14-115.6), which relate to absentee ballots;
modifying deadline for requests for absentee ballots;
modifying procedures for return of absentee ballots;
defining term; modifying time for delivery of certain
absentee ballots; establishing alterna tive procedures
for delivery of absentee ballots under certain
circumstances; authorizing promulgation of certain
rules by Secretary of State Election Board; modifying
procedures for request and return of emergency
incapacitated absentee ballots; requiring Secretary
of State Election Board to prescribe certain forms;
modifying requirements for emergency absentee ballots
for certain deployments; updating statutory
reference; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STAT E OF OKLAHOMA:
SECTION 1. AMENDATORY 26 O.S. 2011, Section 14 -103, as
amended by Section 2, Chapter 151, O.S.L. 2020 (26 O.S. Supp. 2020,
Section 14-103), is amended to read as follows:
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Section 14-103. Absentee Requests for absentee ballots must be
requested received by the appropriate election officials no later
than 5:00 p.m. on Tuesday the third Monday preceding an election.
SECTION 2. AMENDATORY 26 O.S. 2011, Section 14 -108, as
amended by Section 2, C hapter 237, O.S.L. 2016 (26 O.S. Supp. 2020,
Section 14-108), is amended to read as follows:
Section 14-108. A. 1. The voter to whom the absentee ballot
was issued shall be required to mark the absentee ballot in ink or
other manner as prescribed by the Secretary of the State Election
Board; seal the ballots in the plain opaque envelope; fill out
completely and sign the affidavit, such signature to be notarized at
no charge by a notary public; and seal the plain opaque envelope
inside the envelope bearin g the affidavit and;
2. The voter to whom the absentee ballot was issued shall
return both envelopes, sealed inside the return envelope , by hand
delivery, one of the following me thods:
a. United States mail or by a private mail or delivery
service, provided such service has delivery
documentation, to the county election board or
b. in-person delivery as provided in subsection C of this
section; and
3. No person other than the voter to whom the absentee ballot
was issued may return or submit the absentee b allot to the county
election board; provided, however, the spouse of the voter may
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return the voter’s absentee ballot with the permission of the vo ter
by United States mail or private mail or delivery service as
described in subparagraph a of paragraph 2 o f this subsection.
B. No person who is a candidate for an office on the ballot or
who is the chair or treasurer of the campaign of a candidate for
office or who is related within the third degree of consanguinity or
affinity to a candidate on the ballot m ay notarize or witness any
absentee ballot affidavit.
B. The ballot shall not be notarized by any person whose name
appears on the ballot as a can didate or by any campaign chairperson
or campaign treasurer for a candidate whose name appears on the
ballot.
C. 1. Any voter who may hand delivers deliver his or her
absentee ballot sealed in the plain opaque envelope with the
notarized absentee ballot affidavit in person to the county election
board as provided in subsection A of this section and shall provide
proof of identity to the secretary of the county election board and
shall hand deliver the ballot no later than the end of regular
business hours on the day prior to the date of the election or the
secretary’s designee at the time of delivery.
2. An absentee ballot may be delivered in person during the
regular business hours of the county election board on any day prior
to the date of the election but may not be delivered on the day of
the election.
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3. For purposes of this section, subsection:
a. “proof of identity” shall have the same meaning as
used means a photo identification document or voter
identification card described in subsection A of
Section 7-114 of this title, and
b. “regular business hours” means the time the office of
the county election board is open for business to the
general public on a given day .
SECTION 3. AMENDATORY 26 O.S. 2011, Section 14-115, as
amended by Section 9, Chapter 151, O.S.L. 2020 (26 O.S. Supp. 2020,
Section 14-115), is amended to read as fol lows:
Section 14-115. A. If the secretary of a county election board
receives a request from an incapacitated elector confined to a
nursing facility, as defined in Section 1 -1902 of Title 63 of the
Oklahoma Statutes, or a veterans center established purs uant to
Title 72 of the Oklahoma Statutes within the county of the
jurisdiction of the secretary, the secretary shall cause to be
implemented the following procedures:
1. On the Wednesday, Thursday, Friday, Saturday , Sunday or
Monday preceding the date of the election, the absentee voting board
shall deliver to each registered voter who is confined to a nursing
facility, as defined in Section 1 -1902 of Title 63 of the Oklahoma
Statutes, or a veterans center established pursuant to Title 72 of
the Oklahoma Statutes and who requested ballots for an incapacitated
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voter the ballots and materials as may be necessary to vote same.
The date and time of such delivery shall be determined by the
secretary of the county election board.
2. The voter must mark the bal lots in the manner hereinbefore
provided 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 the 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.
3. The voter shall then seal the ballots in the plain opaque
envelope and shall seal the plain opaque envelope in the envelope
bearing an affidavit. The voter must complete th e affidavit, and
the signature of the voter on same must be witnessed by both members
of the absentee voting board.
4. The envelope bearing an affidavit then must be sealed in the
return envelope, which shall be returned by the absentee voting
board to the secretary of the county election board on the same day
the affidavit was executed.
5. Ballots cast in such manner shall be counted in the same
manner as regular mail absentee ballots.
B. The voter may request the assistance of the absentee voting
board members to mark a ballot, complete the affidavit or seal the
envelopes as described in this section.
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C. 1. An administrator or employee of a nursing facility or
veterans center who attempts to coerce or influence the vote of a
person residing in or conf ined to that facility shall be deemed to
be in violation of Section 16 -109 of this title.
2. An administrator or employee of a nursing facility or
veterans center who prevents or attempts to prevent a person
residing in or confined to that facility from v oting pursuant to
this section shall be deemed to be in violation of Section 16 -113 of
this title.
D. In the event an absentee voting board is prohibited from
entering a nursing facility or veterans center due to federal or
state regulations related to a pandemic, epidemic or outbreak of a
communicable disease affecting the facility, and if applications for
an absentee ballot have been submitted pursuant to this section by
voters confined to the facility, the secretary of the county
election board shall au thorize the absentee voting board to deliver
the absentee ballots to designated officials at the nursing facility
or veterans center who shall serve as an acting absentee voting
board. The members of the acting absentee voting board shall sign
an oath acknowledging their duties and responsibilities and shall be
authorized to carry out the duties otherwise assigned by law to the
absentee voting board. The Secretary of the State Election Board
may promulgate such rules and procedures as necessary to impleme nt
the requirements of this subsection, including election emergency
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procedures prescribed pursuant to the provisions Section 22 -101 of
this title.
SECTION 4. AMENDATORY 26 O.S. 2011, Section 14 -115.1, as
amended by Section 10, Ch apter 151, O.S.L. 2020 (26 O.S. Supp. 2020,
Section 14-115.1), is amended to read as follows:
Section 14-115.1. A. A registered voter who becomes physically
incapacitated after 5:00 p.m. on Tuesday preceding an election, the
deadline to request an absent ee ballot as provided in Section 14 -103
of this title and is unable to vote in person at the appropriate
precinct on the day of the election may make a written request for
an emergency incapacitated absentee ballot. The
B. 1. A request for an emergency incapacitated absentee ballot
shall be signed by the voter or signed by a witness at the voter’s
direction if the voter is unable to sign his or her name, and shall
be transmitted to the secretary of the county election board.
2. The person transmitting t he request on behalf of the voter
may be anyone of the voter’s choosing who is at least sixteen (16)
years of age; provided, the person is not employed by nor related
within the third degree of consanguinity or affinity to any person
whose name appears on the ballot. The person becomes the voter’s
agent for purposes of voting by absentee ballot. The agent shall
provide his or her legal name and address of residence to the
secretary of the county election board.
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3. The voter’s request must be accompanied by a sworn statement
by a duly licensed physician . Expected or likely confinement for
childbirth on election day is sufficient cause to entitle a voter to
vote absentee pursuant to this section . The physician’s statement
must attest to the fact that the voter is in fact unable to vote in
person at the appropriate precinct on the day of the election
because of a physical incapacity and that the physical incapacity
originated after 5:00 p.m. on Tuesday preceding an election the
deadline to request an absent ee ballot as provided in Section 14 -103
of this title. The Secretary of the State Election Board shall
prescribe forms to be used for the physician’s statement .
4. Upon receipt of the voter’s request and accompanying sworn
statement, the secretary of the county election board shall issue to
the voter’s agent the appropriate ballots and envelopes required for
voting by incapacitated voters. The ballots must be returned by the
agent to the secretary of the county election board no later than
7:00 p.m. on the day of the election. No person may be the agent
for more than one voter at any election. Upon return of the
absentee ballots, the secretary of the county election board shall
cause the ballots to be processed in the same manner as is
prescribed for other absentee ballots.
C. The expected or likely confinement for childbirth on
election day is sufficient cause to qualify as “physically
incapacitated” for the purposes of this section.
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SECTION 5. AMENDATORY Section 6, Chapter 20 0, O.S.L.
2013 (26 O.S. Supp. 2020, Section 14 -115.6), is amended to read as
follows:
Section 14-115.6. A. A registered voter who, within ten (10)
days preceding an election after the deadline to request an absentee
ballot as provided in Section 14 -103 of this title, is deployed as a
first responder or emergency worker to assist with the rescue,
recovery, or relief efforts of a declared natural disaster or state
of emergency, may make a written request for an emergency absentee
ballot in a form prescribed by the Secretary of the State Election
Board. The request shall be signed by the voter and shall be
provided by the voter to the secretary of the county election board
in the county where the voter is registered. The request shall be
accompanied by proof of the voter’s deployment.
B. Upon receipt of the voter’s request, the secretary of the
county election board shall issue to the voter the appropriate
ballots and envelopes required for voting an emergency absentee
ballot. Provided, the voter shall pre sent proof of identity as
required by Section 7 -114 of this title.
C. The ballots must be returned in person by the voter , by
United States mail, or by other means of delivery approved by the
Secretary of the State Election Board, to in the manner as desc ribed
in Section 14-108 of this title, and must be received by the
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secretary of the county election board no later than 7:00 p.m. on
the day of the election.
D. Upon return of the absentee ballots, the secretary of the
county election board shall cause th e ballots to be processed in the
same manner as is prescribed for other absentee ballots.
E. The Secretary of the State Election Board shall promulgate
rules to implement the procedures described in this section.
SECTION 6. This act shall become effective November 1, 2021.
58-1-1194 TEK 1/21/2021 12:51:53 PM