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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
COMMITTEE SUBSTITUTE
FOR ENGROSSED
SENATE BILL NO. 714 By: Jech of the Senate
and
Newton and Pae of the House
COMMITTEE SUBSTITUTE
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 -113.2, 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 requirements for marking and
returning of absentee ballots for certain persons;
modifying time for delivery of certain absentee
ballots; establishing alternative procedures for
delivery of absentee ballots under certain
circumstances; requiring certain training program for
acting absentee voting board; authorizing
promulgation of certain rules and procedures by the
Secretary of the State Election Board; modifying
procedures for request and return of emergency
incapacitated absentee ballots; requiring the
Secretary of the State Election Board to prescribe
certain forms; modifying requirements for emergency
absentee ballots for certain deployments;
establishing procedures for request f or and return of
accessible absentee ballots for blind or visually
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impaired voters; establishing procedures for return
of spoiled absentee ballots and issuance of
replacement ballots; authorizing the Secretary of the
State Election Board to promulgate cert ain rules and
procedures; providing for codification; providing an
effective date; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE 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:
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, Chapter 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 bearing the affidavit and.
2. The voter to whom the absentee ballot was issued shall
return both envelopes, sealed inside the return envelope, by hand
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delivery, one of the following methods, to the county election
board:
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.
3. No person other than the voter to whom the absentee ballot
was issued may return or submit the absentee ballot to the county
election board; provided, however, the spouse of the vot er may
return the voter's absentee ballot with the permission of the voter
by United States mail or private mail or delivery service as
described in subparagraph a of paragraph 2 of this subsection .
B. No person who is a candidate for an office on the bal lot 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 may notarize or witness any
absentee ballot affidavit.
B. The ballot shall n ot be notarized by any person whose name
appears on the ballot as a candidate 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
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properly executed 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.
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 -113.2, is
amended to read as follows:
Section 14-113.2 A. The 1. A voter who receives an absentee
ballot pursuant to Section 14 -110.1 of this title shall be
responsible for marking th e ballots ballot or directing a person
chosen by the voter to mark the ballots ballot in accordance with
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the provisions of Section 7 -123.3 of this title and as prescribed by
the Secretary of the State Election Board ;.
2. The voter shall seal the ballots in the plain opaque
envelope;.
3. The voter shall fill out completely and sign the affidavit
or direct a person chosen by the voter to sign the affidavit, such
whose name and address of residence shall be printed on the
affidavit.
4. The signature to of the voter shall be witnessed by two
persons, who did not sign the affidavit on behalf of the voter ,
whose printed name, signature and address of residence shall appear
on the affidavit;.
5. The voter shall seal the plain opaque envelope inside the
envelope bearing the affidavit and return both envelopes, sealed
inside the return envelope, by United States mail or by a private
mail service, provided such service has delivery documentation, to
the county election board in the same manner described in Section
14-108 of this title.
B. No person, except members of absentee voting boards, shall
witness the signature of more than five affidavits of persons who
swear they are physically incapacitated and unable to vote in person
at their precinct on election day. No person who is a candidate for
an office on the ballot or who is related within the third degree of
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consanguinity or affinity to a candidate on the ballot may witness
any absentee ballot affidavit.
SECTION 4. 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 follows:
Section 14-115. A. If the secretary of a county election board
receives a request from an incapacitated elector c onfined 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 within the county of the
jurisdiction of the secretary, the secretary shall cau se to be
implemented the following procedures:
1. On the Thursday, Friday, Saturday or Monday preceding any
day following the deadline to request an absentee ballot as provided
in Section 14-103 of this title, but prior to 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 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.
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2. The voter must mark the ballots in the manner he reinbefore
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 the 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 co unty 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 ba llot, complete the affidavit or seal the
envelopes as described in this section.
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 confined to that facility shall be deemed to
be in violation of Section 16 -109 of this title.
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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 voting 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
absentee ballots have been submitted pursuant to this section by
voters confined to the facility, the secretary of the county
election board shall authorize the absentee vo ting 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 dutie s and responsibilities and shall be
authorized to carry out the duties otherwise assigned by law to the
absentee voting board. The acting absentee voting board shall
complete a training program prescribed by the Secretary of the State
Election Board. The Secretary of the State Election Board may
promulgate such rules and procedures as necessary to implement the
requirements of this subsection, including election emergency
procedures prescribed pursuant to the provisions Section 22 -101 of
this title.
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SECTION 5. AMENDATORY 26 O.S. 2011, Section 14 -115.1, as
amended by Section 10, Chapter 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 absentee 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 wr itten 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 the 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.
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 t o
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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 in capacity
originated after 5:00 p.m. on Tuesday preceding an election the
deadline to request an absentee 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 sta tement.
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 emergency 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 emergency incapacitated 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 quali fy as "physically
incapacitated" for the purposes of this section.
SECTION 6. AMENDATORY Section 6, Chapter 200, O.S.L.
2013 (26 O.S. Supp. 2020, Section 14 -115.6), is amended to read as
follows:
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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 is sue to the voter the appropriate
ballots and envelopes required for voting an emergency absentee
ballot. Provided, the voter shall present 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 same manner as
described in Section 14 -108 of this title, and must be received by
the secretary of the county election board no later t han 7:00 p.m.
on the day of the election.
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D. Upon return of the emergency 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.
E. The Secretary of the State Election Board shall promulgate
rules to implement the procedures described in this section.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 14 -115.12 of Title 26, unless
there is created a duplication in numbering, reads as follows:
A. 1. a. A registered voter who swears or affirms that the
voter is physically unable to vote in person at the
voter's precinct on the day of the election because
the voter is blind or visually im paired may request
that an accessible absentee ballot be delivered to the
voter electronically in a manner prescribed by the
Secretary of the State Election Board.
b. The Secretary of the State Election Board shall
establish a system to accommodate the ele ctronic
delivery of accessible absentee ballots to voters who
are blind or visually impaired as described in this
section, subject to available funding and subject to a
determination that such a system is sufficiently
secure. The Secretary of the State El ection Board
shall determine the date the system is activated.
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2. An accessible absentee voting packet for blind or visually
impaired voters, which shall include all necessary materials except
the accessible absentee ballot, shall be prescribed by the Sec retary
of the State Election Board. The accessible absentee voting packet
may be delivered to the voter by United States mail or
electronically.
B. 1. The electronic delivery system shall provide the voter
the opportunity to use the voter's personal com puter to mark an
accessible absentee ballot privately and independently and then
print the marked ballot.
2. The accessible absentee ballot shall be accompanied by an
absentee ballot affidavit, which shall be executed in the same
manner as provided for af fidavits in Section 14 -113.2 of Title 26 of
the Oklahoma Statutes.
3. The voter shall return the absentee ballot and executed
affidavit to the secretary of the county election board in the same
manner provided in Section 14 -113.2 of Title 26 of the Oklaho ma
Statutes. Nothing in this section shall allow for an accessible
absentee ballot to be returned to the county election board
electronically, and no accessible absentee ballot returned
electronically shall be eligible to be counted by a county election
board.
C. A registered voter who is blind or visually impaired may
choose to request the assistance of another person to complete any
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requirements of this section, as provided in Section 7 -123.3 of
Title 26 of the Oklahoma Statutes.
D. Upon return of an a ccessible absentee ballot described in
this section, the secretary of the county election board shall cause
it to be processed in the same manner as prescribed by law for other
absentee ballots.
E. Any person who is not blind or visually impaired accordin g
to state law, but who applies for an accessible absentee ballot
described in this section, shall be deemed guilty of a felony as
provided in Section 16 -102.2 of Title 26 of the Oklahoma Statutes.
F. The Secretary of the State Election Board may promulga te
rules or procedures to implement the requirements of this section.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 14 -121.2 of Title 26, unless
there is created a duplication in numberin g, reads as follows:
A. If a voter spoils the absentee ballot, the voter may be
issued a replacement absentee ballot by the secretary of the county
election board.
B. 1. To receive a replacement absentee ballot, the voter
shall swear or affirm that the voter spoiled the absentee ballot and
return the spoiled absentee ballot to the secretary of the county
election board by United States mail or in person.
2. Upon receipt of a spoiled absentee ballot, the secretary of
the county election board shall cause the ballot to be destroyed.
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3. A spoiled absentee ballot returned by United States mail
shall include an affidavit prescribed by the Secretary of the State
Election Board in which the voter swears or affirms that he or she
spoiled the original absentee b allot, that the spoiled ballot is
being returned to the secretary of the county election board and
that the voter requests a replacement absentee ballot. The
affidavit shall be personally signed by the voter and acknowledged
before a notary public or witn esses in the same manner required for
affidavits for the return of the type of absentee ballot originally
requested.
4. A spoiled absentee ballot returned in person shall be
returned by the voter who requested the absentee ballot. The voter
shall provide proof of identity as described in subsection A of
Section 7-114 of Title 26 of the Oklahoma Statutes to the secretary
of the county election board or a designee. The voter shall execute
an affidavit prescribed by the Secretary of the State Election Board
in which the voter swears or affirms that he or she spoiled the
original ballot, that the spoiled absentee ballot has been returned
to the secretary of the county election board and that the voter
requests a replacement absentee ballot.
5. A replacement absentee ballot shall be transmitted by United
States mail for a spoiled absentee ballot returned by the voter by
United States mail. A replacement absentee ballot shall be provided
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in person for a spoiled absentee ballot returned by the voter in
person.
C. The Secretary of the State Election Board may promulgate
rules and procedures to implement the requirements of this section.
SECTION 9. Sections 1, 2, 3, 5, 6, 7 and 8 of this act shall
become effective July 1, 2021.
SECTION 10. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON ELECTIONS AND ETHICS, dated
04/06/2021 - DO PASS, As Amended and Coauthored.