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SENATE FLOOR VERSION
February 10, 2021
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 714 By: Jech
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, Cha pter 200, O.S.L. 2013 (26 O.S.
Supp. 2020, Sections 14-103, 14-108, 14-113.2, 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 requirement s for
marking and returning of absentee ballots for certain
persons; modifying time for delivery of certain
absentee ballots; establishing alterna tive procedures
for delivery of absentee ballots under certai n
circumstances; requiring certain training program for
acting absentee voting board; 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 requiremen ts for
emergency absentee ballots for certain deployments;
establishing procedures for request for and return of
accessible absentee ballot for blind or visually
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 certain rules;
updating statutory reference; providing for
codification; providing an effective date ; and
declaring an emergency .
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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 foll ows:
Section 14-103. Absentee Requests for absentee ballots must be
requested received by the appro priate election officials no later
than 5:00 p.m. on Tuesday the third Monday preceding an electio n.
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 abse ntee ballot was issued shall
return both envelopes, seale d inside the return envelope , by hand
delivery, one of the following me thods:
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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 provide d in subsection C of this
section; and
3. No person other than the voter to whom the absentee ball ot
was issued may return or submi t the absentee ballot to the county
election board; provided, howev er, the spouse of the voter may
return the voter’s absentee ballot with the permission of the vo ter
by United States mail or private mail or delivery servic e as
described in subparagraph a of paragraph 2 of this subsection.
B. No person who is a candidate for an office on the ballot or
who is the chair or treas urer of the campaign of a candidate for
office or who is related within the third degree of consang uinity or
affinity to a candidate on the ballot may notarize or witness any
absentee ballot affidavi t.
B. The ballot shall not be notarized by any person wh ose name
appears on the ballot as a can didate or by any campaign chairperson
or campaign treasurer for a candidate whose name appear s on the
ballot.
C. 1. Any voter who may hand delivers deliver his or her
absentee ballot sealed in the plain opaque envel ope with the
properly executed absentee ballot affidavit in person to the county
election board as provided in subsection A of this section and shall
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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 dur ing the
regular business hours of the county election boa rd on any day prior
to the date of the el ection 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 a s
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 the ballots ballot or directing a person
chosen by the voter to mark the ballots ballot in accordance with
the provisions of Section 7-123.3 of this title and as pres cribed by
the Secretary of the State Election Board ;.
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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 affidavi t 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 d elivery documentation, to
the county election board in the same manner described in S ection
14-108 of this title.
B. No person, except members of absentee voting bo ards, shall
witness the signature of more than five affida vits 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 candida te for
an office on the ballot or who is relate d within the third degree of
consanguinity or affinity to a candidate on the ballot may wit ness
any absentee ballot affidavit.
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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 a s follows:
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 pursuant to
Title 72 of the Oklah oma Statutes within the county of the
jurisdiction of the secretary, the secretary shall cause to be
implemented the following procedures:
1. On the Thursday, Friday, Saturday or Monday preceding any
day following the deadline to request an absentee ballo t as provided
in Section 14-103 of this title, bu t prior to the date of the
election, the absentee voting board shall deliv er to each registered
voter who is confine d 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 incapacita ted 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 pres ence of the absentee voting board, but in such a
manner as to make it impossible for any person oth er than the voter
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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 env elope 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 affidav it 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 s ection.
C. 1. An administrator or employee of a nursing facility or
veterans center who a ttempts 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 attem pts to prevent a person
residing in or confined to that facility from v oting pursuant to
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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 prohibi ted from
entering a nursing facili ty 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 applic ations for
an absentee ballot have been submitted pursuan t 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 t he 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 sha ll be
authorized to carry out the duties o therwise assigned by law to the
absentee voting board. The acting absentee voting board sh all
complete a training program prescribed b y the Secretary of the S tate
Election Board. The Secretary of the State Electi on Board may
promulgate such rules and pro cedures as necessary to impleme nt the
requirements of this subsection, including election e mergency
procedures prescribed pursuant to the provisions Section 22 -101 of
this title.
SECTION 5. 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:
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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 S ection 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 bal lot
shall be signed by the voter o r 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 th e 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 an y person
whose name appears on the ballot. The person be comes 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 to
vote absentee pursuant to t his 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
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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 S ection 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 sha ll 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 boa rd no later than
7:00 p.m. on the day of the election. N o 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 secti on.
SECTION 6. 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
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first responder or emergency worker to assist with the rescue,
recovery, or relief efforts of a declared natural disaster or state
of emergency, may mak e a written request for an emergency absen tee
ballot in a form prescribed by the Secretary of the S tate 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 require d 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 approv ed 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 rece ived by
the secretary of the county election board no later than 7:00 p.m.
on the day of the election.
D. Upon return of t he absentee ballots, the secretary of the
county election board shall cause th e ballots to be processed in the
same manner as is pres cribed for other absentee ballots.
E. The Secretary of the State Election Board shall promulgate
rules to implement the pr ocedures described in this section.
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SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 115.12 of Title 14, unless there
is created a duplication in numb ering, reads as follows:
A. 1. A registered voter who swears or affirms that the voter
is physically unable to vote in person at the vote r’s precinct on
the day of the election because the voter is blind or visually
impaired 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.
2. An accessible absentee voting packet for blind or visually
impaired voters, which shall include all necessary materials except
the absentee ballot, shall be prescri bed by the Secretary of the
State Election Board. The accessible ab sentee voting packet may be
delivered to the voter by United Stat es mail or electronically.
B. 1. The electronic delivery system shall provide the voter
the opportunity to use the voter ’s personal computer to mark an
accessible absentee ballot privately and independently and then
print the marked ballot.
2. The absentee ballot shall be accompanied by an absentee
ballot affidavit, which shall be executed in the same manner as
provided for affidavits in Section 14 -113.2 of Title 26 of the
Oklahoma Statutes.
3. The voter shall return th e absentee ballot and executed
affidavit to the secretary of the county election board in the same
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manner provided in Section 14 -113.2 of Title 26 of the Okl ahoma
Statutes. Nothing in this section s hall allow for an absentee
ballot to be returned to the c ounty election board electronicall y,
and no absentee ballot returned electronically shall be eligible to
be counted by a county election board.
C. A registered voter who is blind or visually impaire d may
choose to request th e assistance of another person to complete any
requirements of this section, as provided in Section 7-123.3 of
Title 26 of the Oklahoma Statutes.
D. Upon return of an absentee ballot desc ribed in this section,
the secretary of the county election board sh all 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 according
to state law, but who applie s for an 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 promulgate
rules or procedures to implement the r equirements 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 numb ering, reads as follows:
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A. If a voter spoils the absentee ballot, the voter may be
issued a replacement absentee ballot by the secretary of th e 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 secr etary 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 .
3. A spoiled absentee ballot returned by U nited States mail
shall include an affidavit prescribed by the Secret ary of the State
Election Board in which the voter swears or affirms that he or she
spoiled the original ballot, that the spoiled ballot is be ing
returned to the secretary of the county election boar d and that the
voter requests a replacement absentee ball ot. The affidavit shall
be personally signed by the voter and acknowledged before a notary
public or witnesses in the same manner required f or affidavits for
the return of the type of absentee ballo t originally requested.
4. A spoiled absentee ballot ret urned 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
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in which the voter swears or affirms that he or sh e spoiled the
original ballot, that the sp oiled 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 retu rned by the voter by
United States mail. A replacement absentee ballot shall be provided
in person for a spoiled absentee ballot returned by the voter in
person.
C. The Secretary of the State Election Board may p romulgate
rules or 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 preser vation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason wh ereof this act shall take effe ct and
be in full force from and after i ts passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON RULES
February 10, 2021 - DO PASS AS AMENDED