OK
Oklahoma Senate Bill SB714

Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB714 Compare Versions

OldNewDifferences
11
22
3+ENGR. H. A. to ENGR. S. B. NO. 714 Page 1 1
4+2
5+3
6+4
7+5
8+6
9+7
10+8
11+9
12+10
13+11
14+12
15+13
16+14
17+15
18+16
19+17
20+18
21+19
22+20
23+21
24+22
25+23
26+24
327
4-
5-An Act
6-ENROLLED SENATE
7-BILL NO. 714 By: Jech and Bergstrom of the
8-Senate
28+ENGROSSED HOUSE AMENDME NT
29+ TO
30+ENGROSSED SENATE BILL NO . 714 By: Jech of the Senate
931
1032 and
1133
12- Newton and Pae of the House
34+ Newton of the House
1335
1436
1537
1638
1739
40+An Act relating to elections; amending 26 O.S. 2011,
41+Sections 14-103, as amended by Section 2, Chapter
42+151, O.S.L. 2020, 14 -108, as amended by Section 2,
43+Chapter 237, O.S.L. 2016, 14-113.2, 14-115, as
44+amended by Section 9, Chapter 151, O.S.L. 2020, 14 -
45+115.1, as amended by Section 10, Chapter 151, O.S.L.
46+2020 and Section 6, Cha pter 200, O.S.L. 2013 (26 O.S.
47+Supp. 2020, Sections 14-103, 14-108, 14-113.2, 14-
48+115, 14-115.1 and 14-115.6), which relate to a bsentee
49+ballots; modifying deadline for requests for absentee
50+ballots; modifying procedures for return of absentee
51+ballots; defining term; modifying requirement s for
52+marking and returning of ab sentee ballots for certain
53+persons; modifying time for delivery of certain
54+absentee ballots; establishing alterna tive procedures
55+for delivery of absentee ballots under certai n
56+circumstances; requiring certain training program for
57+acting absentee voting board; authorizing
58+promulgation of certain rules by Secretary of S tate
59+Election Board; modifying procedures for request and
60+return of emergency incapacitated absentee ballots;
61+requiring Secretary of State Election Board to
62+prescribe certain forms; modifying r equirements for
63+emergency absentee ballots for certain deployme nts;
64+establishing procedures for request for and return of
65+accessible absentee ballot for blind or visually
66+impaired voters; establishing procedures for return
67+of spoiled absentee ballots and issuance of
68+replacement ballots; authorizing the Secretary of the
69+State Election Board to promulgate certain rules;
70+updating statutory reference; providing for
71+codification; providing an effective date ; and
72+declaring an emergency .
1873
19-An Act relating to elections; amending 26 O.S. 2021,
20-Sections 14-115, 14-115.1, and 14-115.6, which relate
21-to absentee voting; modifying procedures for absentee
22-ballots for certain electors; and declaring an
23-emergency.
74+
75+
76+ENGR. H. A. to ENGR. S. B. NO. 714 Page 2 1
77+2
78+3
79+4
80+5
81+6
82+7
83+8
84+9
85+10
86+11
87+12
88+13
89+14
90+15
91+16
92+17
93+18
94+19
95+20
96+21
97+22
98+23
99+24
100+
101+AUTHOR: Add the following House Coauthor: Pa e
102+
103+AUTHOR: Add the followi ng Senate Coauthor: Bergstrom
104+
105+AMENDMENT NO. 1. Strike the title, enacting clause and entire bill
106+and insert:
107+
108+
109+"An Act relating to elections; amending 26 O.S. 2021,
110+Sections 14-115, 14-115.1, and 14-115.6, which
111+relate to absentee voting; modifying procedures for
112+absentee ballots for certain electors; and declaring
113+an emergency.
24114
25115
26116
27117
28118
29-SUBJECT: Absentee voting
30-
31119 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA :
32-
33120 SECTION 1. AMENDATORY 26 O.S. 2021 , Section 14-115, is
34121 amended to read as follows:
35-
36122 Section 14-115. A. If the secretary of a county election board
37123 receives a request from an incapacitated elector confined to a
38124 nursing facility, as defined in S ection 1-1902 of Title 63 of the
39-Oklahoma Statutes, or a State Veterans Home established pursuant to
125+Oklahoma Statutes, or a veterans center established pursuant to
40126 Title 72 of the Oklahoma Statutes within the county of the
41127 jurisdiction of the secretary, the secretary shall cause to be
42128 implemented the following procedures:
43-
44129 1. On the Thursday, Friday, Saturday or Mond ay preceding any
45130 day following the deadline to r equest an absentee ballot as provided
46131 in Section 14-103 of this title, but prior to the date of the
47132 election, the absentee voting board shall deliver to each regi stered
133+voter who is confined to a nursing faci lity, as defined in Section
48134
49-ENR. S. B. NO. 714 Page 2
50-voter who is confined to a nursing faci lity, as defined in Section
51-1-1902 of Title 63 of the Oklahoma Statutes, or a State Veterans
52-Home established pursuant to Title 72 of the Oklahoma Statutes and
53-who requested ballots for an incapacitated voter the b allots and
135+ENGR. H. A. to ENGR. S. B. NO. 714 Page 3 1
136+2
137+3
138+4
139+5
140+6
141+7
142+8
143+9
144+10
145+11
146+12
147+13
148+14
149+15
150+16
151+17
152+18
153+19
154+20
155+21
156+22
157+23
158+24
159+
160+1-1902 of Title 63 of the Oklahoma Statutes, or a veterans center
161+established pursuant to Title 72 of the Oklahoma Statutes and who
162+requested ballots for an incapacitated voter the b allots and
54163 materials as may be necessary to vo te same.
55-
56164 2. The voter must mark the ballots in the manner hereinbefore
57165 provided in the presence of the absentee voting board, but in such a
58166 manner as to make it impossible for any person other than the voter
59167 to ascertain how the ballots are marked. Insof ar as is possible,
60168 the voting procedure shall be the same as if the voter were casting
61169 a vote in person at a precinct.
62-
63170 3. The voter shall then seal the ballots in the plain opaque
64171 envelope and shall seal the p lain opaque envelope in the envelope
65172 bearing an affidavit. The voter must complete the affida vit, and
66173 the signature of the voter on same must be witnessed by both members
67174 of the absentee voting board.
68-
69175 4. The envelope bearing an affidavit then must be sea led in the
70176 return envelope, which shall be ret urned by the absentee voting
71177 board to the secretary of the county election board on the same day
72178 the affidavit was executed.
73-
74179 5. Ballots cast in such manner shall be counted in the same
75180 manner as regular mail a bsentee ballots.
76-
77181 B. The voter may request the assistance of the absentee voting
78182 board members to mark a ballot, complete the affidavit or seal t he
79183 envelopes as described in this section.
80184
185+ENGR. H. A. to ENGR. S. B. NO. 714 Page 4 1
186+2
187+3
188+4
189+5
190+6
191+7
192+8
193+9
194+10
195+11
196+12
197+13
198+14
199+15
200+16
201+17
202+18
203+19
204+20
205+21
206+22
207+23
208+24
209+
81210 C. 1. An administrator or employee of a nursing facility or
82-State Veterans Home who attempts to coerce or influence the vote of
83-a person residing in or confined to that facility shall be deemed to
211+veterans center who attempts to coerce or influence the vote of a
212+person residing in or confined to that facility shall be deemed to
84213 be in violation of Section 16-109 of this title.
85-
86-2. An administrator or employee of a nursing facility or State
87-Veterans Home who prevents or attempts to prevent a person residin g
88-in or confined to that facility from voting pu rsuant to this section
89-shall be deemed to be in vio lation of Section 16-113 of this title.
90-
91-
92-ENR. S. B. NO. 714 Page 3
214+2. An administrator or employee of a nursing facility or
215+veterans center who pr events or attempts to prevent a person
216+residing in or confined to that facility from voting pu rsuant to
217+this section shall be deemed to be in vio lation of Section 16-113 of
218+this title.
93219 SECTION 2. AMENDATORY 26 O.S. 2021, Section 1 4-115.1, is
94220 amended to read as follows:
95-
96-Section 14-115.1. A. A registered voter who becomes physically
221+Section 14-115.1 A. A registered voter w ho becomes physically
97222 incapacitated after 5:00 p.m. on Tuesday preceding an election, the
98223 deadline to request an absentee ballot as provided in Section 14 -103
99224 of this title and is unable to vote in person at the appropri ate
100225 precinct on the day of the elect ion may make a written request for
101226 an absentee ballot.
102-
103227 B. 1. The request shall be signed by the voter or signed by a
104228 witness at the voter's direction if the voter is unab le to sign his
105229 or her name, and shall be trans mitted to the secretary of the count y
106230 election board.
107-
108231 2. The person transmitting the request on behalf of the voter
109232 may be anyone of the voter's choosing who is at least sixteen (16)
110233 years of age; provided, the person is not employed by nor related
234+
235+ENGR. H. A. to ENGR. S. B. NO. 714 Page 5 1
236+2
237+3
238+4
239+5
240+6
241+7
242+8
243+9
244+10
245+11
246+12
247+13
248+14
249+15
250+16
251+17
252+18
253+19
254+20
255+21
256+22
257+23
258+24
259+
111260 within the third degree of consanguinity or affinity to any person
112261 whose name appears on the ballot.
113-
114262 3. The person becomes the voter's agent for purposes of voting
115263 by absentee ballot. The voter's request must b e accompanied by a
116264 sworn statement by a duly l icensed physician. Expected or like ly
117265 confinement for childbirth on election day is sufficient cause to
118266 entitle a voter to vote absentee pursuant to this section. The
119267 physician's statement must attest to the fact that the voter is in
120268 fact unable to vote in person at the appropriate precinc t on the day
121269 of the election because of a physical incapacity and that the
122270 physical incapacity originated after 5:00 p.m. on Tuesday preceding
123271 an election the deadline to request an absentee ballot as provided
124272 in Section 14-103 of this title.
125-
126273 4. Upon receipt of the voter's request and accompanying sworn
127274 statement, the secretary of the county election board shall issue to
128275 the voter's agent the appropriate ballots and envelop es required for
129276 voting by incapacitated voters .
130-
131277 5. The ballots must be return ed by the agent to the secretary
132278 of the county election board no later than 7:00 p.m. on the day of
133279 the election. No person may be the ag ent for more than one voter at
134280 any election. Upon return of the absentee ballots, t he secretary of
135-
136-ENR. S. B. NO. 714 Page 4
137281 the county election board shall cause the ballots to be processed in
138282 the same manner as is prescribed for other absentee ballots.
139283
284+ENGR. H. A. to ENGR. S. B. NO. 714 Page 6 1
285+2
286+3
287+4
288+5
289+6
290+7
291+8
292+9
293+10
294+11
295+12
296+13
297+14
298+15
299+16
300+17
301+18
302+19
303+20
304+21
305+22
306+23
307+24
308+
140309 SECTION 3. AMENDATORY 26 O.S. 2021, Section 14-115.6, is
141310 amended to read as follows:
142-
143-Section 14-115.6. A. A registered voter who, within ten (10)
311+Section 14-115.6 A. A registered voter who, within ten (10)
144312 days preceding an election after the deadline to request an absentee
145313 ballot as provided in Sect ion 14-103 of this title, is deployed as a
146314 first responder or emergency worker to assist with the rescue,
147315 recovery, or relief efforts of a declare d natural disaster or state
148316 of emergency, may make a written request for an emergency absentee
149317 ballot in a form prescribed by the Secretary of the St ate Election
150318 Board. The request shall be signed by the vot er and shall be
151319 provided by the voter to the sec retary of the county election board
152320 in the county where the voter is registered.
153-
154321 B. Upon receipt of the voter's request, the secretary of the
155322 county election board shall issue to the voter the appropriate
156323 ballots and envelopes required for voting an emerg ency absentee
157324 ballot. Provided, the voter shall present proof of identity as
158325 required by Section 7 -114 of this title.
159-
160326 C. The ballots must be return ed in person by the voter, by
161327 United States mail, or by oth er means of delivery approved by the
162328 Secretary of the State Election Board, to the secretary of the
163329 county election board no later than 7:00 p.m. on the day of the
164330 election.
165331
332+ENGR. H. A. to ENGR. S. B. NO. 714 Page 7 1
333+2
334+3
335+4
336+5
337+6
338+7
339+8
340+9
341+10
342+11
343+12
344+13
345+14
346+15
347+16
348+17
349+18
350+19
351+20
352+21
353+22
354+23
355+24
356+
166357 D. Upon return of the absentee ballots, the secretary of the
167358 county election boar d shall cause the ballots to be processed in the
168359 same manner as is prescribed for other absentee ballots.
169-
170360 E. The Secretary of the State Election Board shall promulgate
171361 rules to implement the proce dures described in this section.
172-
173362 SECTION 4. It being immediately necessary for the preserv ation
174363 of the public peace, health or safety, an emergency is hereby
175364 declared to exist, by reason whereof this act shall take effect and
176-be in full force from and after its passage and approval.
365+be in full force from and after its passage and approval."
366+Passed the House of Representatives the 6th day of April, 2022.
177367
178368
179-ENR. S. B. NO. 714 Page 5
180-Passed the Senate the 16th day of May, 2022.
369+
370+
371+
372+Presiding Officer of the House of
373+ Representatives
374+
375+
376+Passed the Senate the ____ day of _______ ___, 2022.
377+
378+
181379
182380
183381
184382 Presiding Officer of the Senate
185383
186384
187-Passed the House of Representatives the 6th day of April, 2022.
385+ENGR. S. B. NO. 714 Page 1 1
386+2
387+3
388+4
389+5
390+6
391+7
392+8
393+9
394+10
395+11
396+12
397+13
398+14
399+15
400+16
401+17
402+18
403+19
404+20
405+21
406+22
407+23
408+24
409+
410+ENGROSSED SENATE
411+BILL NO. 714 By: Jech of the Senate
412+
413+ and
414+
415+ Newton of the House
416+
417+
418+
419+
420+
421+
422+An Act relating to elections; amending 26 O.S. 2011,
423+Sections 14-103, as amended by Section 2, Chapter
424+151, O.S.L. 2020, 14 -108, as amended by Section 2,
425+Chapter 237, O.S.L. 2016, 14-113.2, 14-115, as
426+amended by Section 9, Chapter 151, O.S.L. 2020, 14 -
427+115.1, as amended by Section 10, Chapter 151, O.S.L.
428+2020 and Section 6, Cha pter 200, O.S.L. 2013 (26 O.S.
429+Supp. 2020, Sections 14-103, 14-108, 14-113.2, 14-
430+115, 14-115.1 and 14-115.6), which relate to absentee
431+ballots; modifying deadl ine for requests for absentee
432+ballots; modifying procedures for return of absentee
433+ballots; defining term; modifying requirement s for
434+marking and returning of absentee ballots for certain
435+persons; modifying time for delivery of certain
436+absentee ballots; establishing alternative procedures
437+for delivery of absentee ballots under certai n
438+circumstances; requiring certain training program for
439+acting absentee voting board; authorizing
440+promulgation of certain rules by Secretary of State
441+Election Board; modifying procedures for request and
442+return of emergency incapacitated absentee ballots;
443+requiring Secretary of State Election Board to
444+prescribe certain forms; modifying requiremen ts for
445+emergency absentee ballots for certain deployments;
446+establishing procedures for request for and return of
447+accessible absentee ballot for blind or visually
448+impaired voters; establishing procedures for return
449+of spoiled absentee ballots and issuance of
450+replacement ballots; authorizing the Secretary of the
451+State Election Board to promulgate certain rules;
452+updating statutory reference; providing for
453+codification; providing an effective date ; and
454+declaring an emergency .
455+
456+
457+
458+ENGR. S. B. NO. 714 Page 2 1
459+2
460+3
461+4
462+5
463+6
464+7
465+8
466+9
467+10
468+11
469+12
470+13
471+14
472+15
473+16
474+17
475+18
476+19
477+20
478+21
479+22
480+23
481+24
482+
483+
484+
485+BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
486+SECTION 5. AMENDATORY 26 O.S. 2011, S ection 14-103, as
487+amended by Section 2, Chapter 151, O.S.L. 2020 (26 O. S. Supp. 2020,
488+Section 14-103), is amended to read as foll ows:
489+Section 14-103. Absentee Requests for absentee ballots must be
490+requested received by the appro priate election officials no later
491+than 5:00 p.m. on Tuesday the third Monday preceding an electio n.
492+SECTION 6. AMENDATORY 26 O.S. 2011, Section 14-108, as
493+amended by Section 2, Chapter 237, O.S.L. 2016 (26 O.S. Supp. 2020,
494+Section 14-108), is amended to re ad as follows:
495+Section 14-108. A. 1. The voter to whom the absentee ballot
496+was issued shall be required to mark the absentee ballot in ink or
497+other manner as prescribed by the Secretary of the State Election
498+Board; seal the ballots in the plain opaque e nvelope; fill out
499+completely and sign the affidavit, such signature to be notarized at
500+no charge by a notary public; and seal the plain opaque envelope
501+inside the envelope bearing the affidavit and;
502+2. The voter to whom the abse ntee ballot was issued shal l
503+return both envelopes, seale d inside the return envelope , by hand
504+delivery, one of the following me thods:
505+a. United States mail or by a private mail or delivery
506+service, provided such service has delivery
507+documentation, to the county election board or
508+
509+ENGR. S. B. NO. 714 Page 3 1
510+2
511+3
512+4
513+5
514+6
515+7
516+8
517+9
518+10
519+11
520+12
521+13
522+14
523+15
524+16
525+17
526+18
527+19
528+20
529+21
530+22
531+23
532+24
533+
534+b. in-person delivery as provide d in subsection C of this
535+section; and
536+3. No person other than the voter to whom the absentee ball ot
537+was issued may return or submi t the absentee ballot to the county
538+election board; provided, howev er, the spouse of the voter may
539+return the voter’s absentee ballot with the permission of the vo ter
540+by United States mail or private mail or delivery servic e as
541+described in subparagraph a of paragraph 2 of this subsection.
542+B. No person who is a candidate for an office on the ballo t or
543+who is the chair or treas urer of the campaign of a candidate for
544+office or who is related within the third degree of consang uinity or
545+affinity to a candidate on the ballot may notarize or witness any
546+absentee ballot affidavi t.
547+B. The ballot shall not be notarized by any person wh ose name
548+appears on the ballot as a can didate or by any campaign chairperson
549+or campaign treasurer for a candidate whose name appear s on the
550+ballot.
551+C. 1. Any voter who may hand delivers deliver his or her
552+absentee ballot sealed in the plain opaque envel ope with the
553+properly executed absentee ballot affidavit in person to the county
554+election board as provided in subsection A of this section and shall
555+provide proof of identity to the secretary of the county election
556+board and shall hand deliver the ballot no later than the end of
557+
558+ENGR. S. B. NO. 714 Page 4 1
559+2
560+3
561+4
562+5
563+6
564+7
565+8
566+9
567+10
568+11
569+12
570+13
571+14
572+15
573+16
574+17
575+18
576+19
577+20
578+21
579+22
580+23
581+24
582+
583+regular business hours on the day prior to the date of the election
584+or the secretary’s designee at the time of delivery.
585+2. An absentee ballot may be delivered in person dur ing the
586+regular business hours of the county election boa rd on any day prior
587+to the date of the el ection but may not be delivered on the day of
588+the election.
589+3. For purposes of this section, subsection:
590+a. “proof of identity” shall have the same meaning a s
591+used means a photo identi fication document or voter
592+identification card described in subsection A of
593+Section 7-114 of this title, and
594+b. “regular business hours” means the time the office of
595+the county election board is open for business to the
596+general public on a given day.
597+SECTION 7. AMENDATORY 26 O.S. 2011, Section 14 -113.2, is
598+amended to read as follows:
599+Section 14-113.2. A. The 1. A voter who receives an absentee
600+ballot pursuant to Section 14-110.1 of this title shall be
601+responsible for marking the ballots ballot or directing a person
602+chosen by the voter to mark the ballots ballot in accordance with
603+the provisions of Section 7-123.3 of this title and as pres cribed by
604+the Secretary of the State Election Board ;.
605+2. The voter shall seal the ballots in the plain opaque
606+envelope;.
607+
608+ENGR. S. B. NO. 714 Page 5 1
609+2
610+3
611+4
612+5
613+6
614+7
615+8
616+9
617+10
618+11
619+12
620+13
621+14
622+15
623+16
624+17
625+18
626+19
627+20
628+21
629+22
630+23
631+24
632+
633+3. The voter shall fill out completely and sign the affidavit
634+or direct a person chosen by the voter to sign the affidavit, such
635+whose name and address of residence shall be printed on the
636+affidavit.
637+4. The signature to of the voter shall be witnessed by two
638+persons, who did not sign the affidavi t on behalf of the voter ,
639+whose printed name, signature and address of residence shall appear
640+on the affidavit;.
641+5. The voter shall seal the plain opaque envelope inside the
642+envelope bearing the affidavit and return both envelopes, sealed
643+inside the return envelope, by United States mail or by a private
644+mail service, provided such service has d elivery documentation, to
645+the county election board in the same manner described in S ection
646+14-108 of this title.
647+B. No person, except members of absentee voting bo ards, shall
648+witness the signature of more than five affida vits of persons who
649+swear they are physically incapacitated and unable to vote in person
650+at their precinct on election day. No person who is a candida te for
651+an office on the ballot or who is relate d within the third degree of
652+consanguinity or affinity to a candidate on the ballot may wit ness
653+any absentee ballot affidavit.
654+SECTION 8. AMENDATORY 26 O.S. 2 011, Section 14-115, as
655+amended by Section 9, Chapter 151, O.S.L. 2020 ( 26 O.S. Supp. 2020,
656+Section 14-115), is amended to read a s follows:
657+
658+ENGR. S. B. NO. 714 Page 6 1
659+2
660+3
661+4
662+5
663+6
664+7
665+8
666+9
667+10
668+11
669+12
670+13
671+14
672+15
673+16
674+17
675+18
676+19
677+20
678+21
679+22
680+23
681+24
682+
683+Section 14-115. A. If the secretary of a county election board
684+receives a request from an incapacitated elector co nfined to a
685+nursing facility, as defined in Section 1 -1902 of Title 63 of the
686+Oklahoma Statutes, or a veterans center established pursuant to
687+Title 72 of the Oklah oma Statutes within the county of the
688+jurisdiction of the secretary, the secretary shall caus e to be
689+implemented the following procedures:
690+1. On the Thursday, Friday, Saturday or Monday preceding any
691+day following the deadline to request an absentee ballo t as provided
692+in Section 14-103 of this title, bu t prior to the date of the
693+election, the absentee voting board shall deliv er to each registered
694+voter who is confine d to a nursing facility, as defined in Section
695+1-1902 of Title 63 of the Oklahoma Statutes, or a veterans center
696+established pursuant to Title 72 of the Oklahoma Statutes and who
697+requested ballots for an incapacita ted voter the ballots and
698+materials as may be necessary to vote same. The date and time of
699+such delivery shall be determined by the secretary of the county
700+election board.
701+2. The voter must mark the bal lots in the manner hereinbefore
702+provided in the pres ence of the absentee voting board, but in such a
703+manner as to make it impossible for any person oth er than the voter
704+to ascertain how the ballots are marked. Insofar as is possible,
705+the voting procedure shall be the same as if the voter were casting
706+a vote in person at a precinct.
707+
708+ENGR. S. B. NO. 714 Page 7 1
709+2
710+3
711+4
712+5
713+6
714+7
715+8
716+9
717+10
718+11
719+12
720+13
721+14
722+15
723+16
724+17
725+18
726+19
727+20
728+21
729+22
730+23
731+24
732+
733+3. The voter shall then seal the ballots in the plain opaque
734+envelope and shall seal the plain opaque env elope in the envelope
735+bearing an affidavit. The voter must complete th e affidavit, and
736+the signature of the voter on same must be witnessed by both members
737+of the absentee voting board.
738+4. The envelope bearing an affidav it then must be sealed in the
739+return envelope, which shall be returned by the absentee voting
740+board to the secretary of the county election board on the same day
741+the affidavit was executed.
742+5. Ballots cast in such manner shall be counted in the same
743+manner as regular mail absentee ballots .
744+B. The voter may request the assistance of the absentee voting
745+board members to mark a ballot, complete the affidavit or seal the
746+envelopes as described in this s ection.
747+C. 1. An administrator or employee of a nursing facility or
748+veterans center who a ttempts to coerce or influence the vote of a
749+person residing in or conf ined to that facility shall be deemed to
750+be in violation of Section 16-109 of this title.
751+2. An administrator or employee of a nursing facility or
752+veterans center who prevents or attem pts to prevent a person
753+residing in or confined to that facility from v oting pursuant to
754+this section shall be deemed to be in violation of Section 16 -113 of
755+this title.
756+
757+ENGR. S. B. NO. 714 Page 8 1
758+2
759+3
760+4
761+5
762+6
763+7
764+8
765+9
766+10
767+11
768+12
769+13
770+14
771+15
772+16
773+17
774+18
775+19
776+20
777+21
778+22
779+23
780+24
781+
782+D. In the event an absentee voting board is prohibi ted from
783+entering a nursing facili ty or veterans center due to federal or
784+state regulations related to a pandemic, epidemic or outbreak of a
785+communicable disease affecting the facility, and if applic ations for
786+an absentee ballot have been submitted pursuan t to this section by
787+voters confined to the facility, the secretary of the county
788+election board shall au thorize the absentee voting board to deliver
789+the absentee ballots to designated officials at t he nursing facility
790+or veterans center who shall serve as an acting absentee voting
791+board. The members of the acting absentee voting board shall sign
792+an oath acknowledging their duties and responsibilities and sha ll be
793+authorized to carry out the duties o therwise assigned by law to the
794+absentee voting board. The acting absentee voting board sh all
795+complete a training program prescribed by the Secretary of the S tate
796+Election Board. The Secretary of the State Electi on Board may
797+promulgate such rules and pro cedures as necessary to impleme nt the
798+requirements of this subsection, including election e mergency
799+procedures prescribed pursuant to the provisions Section 22 -101 of
800+this title.
801+SECTION 9. AMENDATORY 26 O.S. 2011, Section 14 -115.1, as
802+amended by Section 10, Ch apter 151, O.S.L. 2020 (26 O.S. Supp. 2020,
803+Section 14-115.1), is amended to read as follows:
804+Section 14-115.1. A. A registered voter who becomes physically
805+incapacitated after 5:00 p.m. on Tuesday preceding an election, the
806+
807+ENGR. S. B. NO. 714 Page 9 1
808+2
809+3
810+4
811+5
812+6
813+7
814+8
815+9
816+10
817+11
818+12
819+13
820+14
821+15
822+16
823+17
824+18
825+19
826+20
827+21
828+22
829+23
830+24
831+
832+deadline to request an absent ee ballot as provided in S ection 14-103
833+of this title and is unable to vote in person at the appropriate
834+precinct on the day of the election may make a w ritten request for
835+an emergency incapacitated absentee ballot. The
836+B. 1. A request for an emergency incapacitated absentee bal lot
837+shall be signed by the voter o r signed by a witness at the voter’s
838+direction if the voter is unable to sign his or her name , and shall
839+be transmitted to the secretary of the county election board .
840+2. The person transmitting t he request on behalf of th e voter
841+may be anyone of the voter ’s choosing who is at least sixteen (16)
842+years of age; provided, the person is not employed b y nor related
843+within the third degree of consanguinity or affinity to an y person
844+whose name appears on the ballot. The person be comes the voter’s
845+agent for purposes of voting by absentee ballot. The agent shall
846+provide his or her legal name and address o f residence to the
847+secretary of the county election board.
848+3. The voter’s request must be accompanied by a sworn statement
849+by a duly licensed physician. Expected or likely confinement for
850+childbirth on election day is sufficient cause to entitle a voter to
851+vote absentee pursuant to t his section. The physician’s statement
852+must attest to the fact that the voter is in fact unable to vote in
853+person at the appropriate precinct on the day of the election
854+because of a physical incapacity and that the physical i ncapacity
855+originated after 5:00 p.m. on Tuesday preceding an election the
856+
857+ENGR. S. B. NO. 714 Page 10 1
858+2
859+3
860+4
861+5
862+6
863+7
864+8
865+9
866+10
867+11
868+12
869+13
870+14
871+15
872+16
873+17
874+18
875+19
876+20
877+21
878+22
879+23
880+24
881+
882+deadline to request an absent ee ballot as provided in S ection 14-103
883+of this title. The Secretary of the State Election Board shall
884+prescribe forms to be used for the physician ’s statement.
885+4. Upon receipt of the voter’s request and accompanying sworn
886+statement, the secretary of the county election board sha ll issue to
887+the voter’s agent the appropriate ballots and envelopes required for
888+voting by incapacitated voters. The ballots m ust be returned by the
889+agent to the secretary of the county election boa rd no later than
890+7:00 p.m. on the day of the election. N o person may be the agent
891+for more than one voter at any election. Upon return of the
892+absentee ballots, the secretary of the c ounty election board shall
893+cause the ballots to be processed in the same manner as is
894+prescribed for other absentee ballots.
895+C. The expected or likely confinement for childbirth on
896+election day is sufficient cause to qualify as “physically
897+incapacitated” for the purposes of this secti on.
898+SECTION 10. AMENDATORY Section 6, Chapter 20 0, O.S.L.
899+2013 (26 O.S. Supp. 2020, Section 14-115.6), is amended to read as
900+follows:
901+Section 14-115.6. A. A registered voter who, within ten (10)
902+days preceding an election after the deadline to request an absentee
903+ballot as provided in Section 14 -103 of this title, is deployed as a
904+first responder or emergency worker to assist with the rescue,
905+recovery, or relief efforts of a declared natural disaster or state
906+
907+ENGR. S. B. NO. 714 Page 11 1
908+2
909+3
910+4
911+5
912+6
913+7
914+8
915+9
916+10
917+11
918+12
919+13
920+14
921+15
922+16
923+17
924+18
925+19
926+20
927+21
928+22
929+23
930+24
931+
932+of emergency, may mak e a written request for an emergency absen tee
933+ballot in a form prescribed by the Secretary of the S tate Election
934+Board. The request shall be signed by the voter and shall be
935+provided by the voter to the secretary of the count y election board
936+in the county where the voter is registered. The request shall be
937+accompanied by proof of the voter’s deployment.
938+B. Upon receipt of the voter ’s request, the secretary of the
939+county election board shall issue to the voter the appropriate
940+ballots and envelopes require d for voting an emergency absentee
941+ballot. Provided, the voter shall pre sent proof of identity as
942+required by Section 7-114 of this title.
943+C. The ballots must be returned in person by the voter, by
944+United States mail, or by other means of delivery approv ed by the
945+Secretary of the State Election Board, to in the same manner as
946+described in Section 14-108 of this title, and must be rece ived by
947+the secretary of the county election board no later than 7:00 p.m.
948+on the day of the election.
949+D. Upon return of t he absentee ballots, the secretary of the
950+county election board shall cause th e ballots to be processed in the
951+same manner as is pres cribed for other absentee ballots.
952+E. The Secretary of the State Election Board shall promul gate
953+rules to implement the pr ocedures described in this section.
954+
955+ENGR. S. B. NO. 714 Page 12 1
956+2
957+3
958+4
959+5
960+6
961+7
962+8
963+9
964+10
965+11
966+12
967+13
968+14
969+15
970+16
971+17
972+18
973+19
974+20
975+21
976+22
977+23
978+24
979+
980+SECTION 11. NEW LAW A new section of law to be codified
981+in the Oklahoma Statutes as Section 115.12 of Title 14, unless there
982+is created a duplication in numb ering, reads as follows:
983+A. 1. A registered voter who swears or affirms that the voter
984+is physically unable to vote in person at the vote r’s precinct on
985+the day of the election because the voter is blind or visually
986+impaired may request that an accessible absentee ballot be delivered
987+to the voter electronically in a manner prescribed by the Secretary
988+of the State Election Board.
989+2. An accessible absentee voting packet for blind or visually
990+impaired voters, which shall include all necessary materials except
991+the absentee ballot, shall be prescri bed by the Secretary of the
992+State Election Board. The accessible ab sentee voting packet may be
993+delivered to the voter by United Stat es mail or electronically.
994+B. 1. The electronic delivery system shall provide the voter
995+the opportunity to use the voter ’s personal computer to mark an
996+accessible absentee ballot privately and independently and then
997+print the marked ballot.
998+2. The absentee ballot shall be accompanied by an absentee
999+ballot affidavit, which shall be executed in t he same manner as
1000+provided for affidavits in Section 14 -113.2 of Title 26 of the
1001+Oklahoma Statutes.
1002+3. The voter shall return th e absentee ballot and executed
1003+affidavit to the secretary of the county election board in the same
1004+
1005+ENGR. S. B. NO. 714 Page 13 1
1006+2
1007+3
1008+4
1009+5
1010+6
1011+7
1012+8
1013+9
1014+10
1015+11
1016+12
1017+13
1018+14
1019+15
1020+16
1021+17
1022+18
1023+19
1024+20
1025+21
1026+22
1027+23
1028+24
1029+
1030+manner provided in Section 1 4-113.2 of Title 26 of the Okl ahoma
1031+Statutes. Nothing in this section s hall allow for an absentee
1032+ballot to be returned to the c ounty election board electronicall y,
1033+and no absentee ballot returned electronically shall be eligible to
1034+be counted by a county election board.
1035+C. A registered voter who is blind or visually impaire d may
1036+choose to request th e assistance of another person to complete any
1037+requirements of this section, as provided in Section 7-123.3 of
1038+Title 26 of the Oklahoma Statutes.
1039+D. Upon return of an absentee ballot desc ribed in this section,
1040+the secretary of the county election board sh all cause it to be
1041+processed in the same manner as prescribed by law for other absentee
1042+ballots.
1043+E. Any person who is not blind or visually impaired accordin g
1044+to state law, but who applie s for an absentee ballot described in
1045+this section, shall be deemed guilty of a felony as provided in
1046+Section 16-102.2 of Title 26 of the Oklahoma Statutes.
1047+F. The Secretary of the State Election Board may promulgate
1048+rules or procedures to implement the r equirements of this section.
1049+SECTION 12. NEW LAW A new section of law to be codified
1050+in the Oklahoma Statutes as Section 14-121.2 of Title 26, unless
1051+there is created a duplication in numb ering, reads as follows:
1052+
1053+ENGR. S. B. NO. 714 Page 14 1
1054+2
1055+3
1056+4
1057+5
1058+6
1059+7
1060+8
1061+9
1062+10
1063+11
1064+12
1065+13
1066+14
1067+15
1068+16
1069+17
1070+18
1071+19
1072+20
1073+21
1074+22
1075+23
1076+24
1077+
1078+A. If a voter spoils the absentee ballot, the voter may be
1079+issued a replacement absentee ballot by the secretary of th e county
1080+election board.
1081+B. 1. To receive a replacement absentee ballot the voter shall
1082+swear or affirm that the voter spoile d the absentee ballot and
1083+return the spoiled absentee ballot to the secr etary of the county
1084+election board by United States mail or in person.
1085+2. Upon receipt of a spoiled absentee ballot, the secretary of
1086+the county election board shall cause the ballot to be destroyed.
1087+3. A spoiled absentee ballot returned by U nited States mail
1088+shall include an affidavit prescribed by the Secret ary of the State
1089+Election Board in which the voter swears or affirms that he or she
1090+spoiled the original ballot, that the spoil ed ballot is being
1091+returned to the secretary of the county election boar d and that the
1092+voter requests a replacement absentee ball ot. The affidavit shall
1093+be personally signed by the voter and acknowledged before a notary
1094+public or witnesses in the same man ner required for affidavits for
1095+the return of the type of absentee ballo t originally requested.
1096+4. A spoiled absentee ballot ret urned in person shall be
1097+returned by the voter who requested the absentee ballot. The voter
1098+shall provide proof of identity as described in subsection A of
1099+Section 7-114 of Title 26 of the Oklahoma Statutes to the secretary
1100+of the county election board or a designee. The voter shall execute
1101+an affidavit prescribed by the Secretary of the State Election Board
1102+
1103+ENGR. S. B. NO. 714 Page 15 1
1104+2
1105+3
1106+4
1107+5
1108+6
1109+7
1110+8
1111+9
1112+10
1113+11
1114+12
1115+13
1116+14
1117+15
1118+16
1119+17
1120+18
1121+19
1122+20
1123+21
1124+22
1125+23
1126+24
1127+
1128+in which the voter s wears or affirms that he or sh e spoiled the
1129+original ballot, that the sp oiled absentee ballot has been returned
1130+to the secretary of the county election board and that the voter
1131+requests a replacement absentee ballot.
1132+5. A replacement absentee ballot shall be transmitted by United
1133+States mail for a spoiled absentee ballot retu rned by the voter by
1134+United States mail. A replacement absentee ballot shall be provided
1135+in person for a spoiled absentee ballot returned by the voter in
1136+person.
1137+C. The Secretary of the State Election Board may p romulgate
1138+rules or procedures to implement the requirements of this section.
1139+SECTION 13. Sections 1, 2, 3, 5, 6, 7 and 8 of this act shall
1140+become effective July 1, 2021.
1141+SECTION 14. It being immediately necessary for the preser vation
1142+of the public peace, health or safety, an emergency is hereby
1143+declared to exist, by reason wh ereof this act shall take effe ct and
1144+be in full force from and after its passage and approval.
1145+
1146+ENGR. S. B. NO. 714 Page 16 1
1147+2
1148+3
1149+4
1150+5
1151+6
1152+7
1153+8
1154+9
1155+10
1156+11
1157+12
1158+13
1159+14
1160+15
1161+16
1162+17
1163+18
1164+19
1165+20
1166+21
1167+22
1168+23
1169+24
1170+
1171+Passed the Senate the 8th day of March, 2021.
1172+
1173+
1174+
1175+ Presiding Officer of the Senate
1176+
1177+
1178+Passed the House of Representatives the ____ day of __________,
1179+2021.
1881180
1891181
1901182
1911183 Presiding Officer of the House
1921184 of Representatives
1931185
194-OFFICE OF THE GOVERNOR
195-Received by the Office of the Governor this ____________________
196-day of _________________ __, 20_______, at _______ o'clock _______ M.
197-By: _______________________________ __
198-Approved by the Governor of the State of Oklahoma this _____ ____
199-day of _________________ __, 20_______, at _______ o'clock _____ __ M.
2001186
201- _________________________________
202- Governor of the State of Oklahoma
203-
204-
205-OFFICE OF THE SECRETARY OF STATE
206-Received by the Office of the Secretary of State this _______ ___
207-day of __________________, 20 _______, at _______ o'clock _______ M.
208-By: _________________________________