An Act
ENROLLED SENATE
BILL NO. 714 By: Jech and Bergstrom of the
Senate
and
Newton and Pae of the House
An Act relating to elections; amending 26 O.S. 2021,
Sections 14-115, 14-115.1, and 14-115.6, which relate
to absentee voting; modifying procedures for absentee
ballots for certain electors; and declaring an
emergency.
SUBJECT: Absentee voting
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA :
SECTION 1. AMENDATORY 26 O.S. 2021 , 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 confined to a
nursing facility, as defined in S ection 1-1902 of Title 63 of the
Oklahoma Statutes, or a State Veterans Home established pursuant 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 Thursday, Friday, Saturday or Mond ay 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 regi stered
ENR. S. B. NO. 714 Page 2
voter who is confined to a nursing faci lity, as defined in Section
1-1902 of Title 63 of the Oklahoma Statutes, or a State Veterans
Home established pursuant to Title 72 of the Oklahoma Statutes and
who requested ballots for an incapacitated voter the b allots and
materials as may be necessary to vo te same.
2. The voter must mark the ballots 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. Insof ar 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 p lain 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 sea led in the
return envelope, which shall be ret urned 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 a bsentee ballots.
B. The voter may request the assistance of the absentee voting
board members to mark a ballot, complete the affidavit or seal t he
envelopes as described in this section.
C. 1. An administrator or employee of a nursing facility or
State Veterans Home 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.
2. An administrator or employee of a nursing facility or State
Veterans Home who prevents or attempts to prevent a person residin g
in or confined to that facility from voting pu rsuant to this section
shall be deemed to be in vio lation of Section 16-113 of this title.
ENR. S. B. NO. 714 Page 3
SECTION 2. AMENDATORY 26 O.S. 2021, Section 1 4-115.1, 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 appropri ate
precinct on the day of the election may make a written request for
an absentee ballot.
B. 1. The request shall be signed by the voter or signed by a
witness at the voter's direction if the voter is unab le to sign his
or her name, and shall be trans mitted 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.
3. The person becomes the voter's agent for purposes of voting
by absentee ballot. The voter's request must b e accompanied by a
sworn statement by a duly l icensed 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 absentee ballot as provided
in Section 14-103 of this title.
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 envelop es required for
voting by incapacitated voters .
5. 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 ag ent for more than one voter at
any election. Upon return of the absentee ballots, t he secretary of
ENR. S. B. NO. 714 Page 4
the county election board shall cause the ballots to be processed in
the same manner as is prescribed for other absentee ballots.
SECTION 3. AMENDATORY 26 O.S. 2021, 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 Sect ion 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 declare d 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 St ate Election
Board. The request shall be signed by the vot er and shall be
provided by the voter to the sec retary of the county election board
in the county where the voter is registered.
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 emerg ency absentee
ballot. Provided, the voter shall present proof of identity as
required by Section 7 -114 of this title.
C. The ballots must be return ed in person by the voter, by
United States mail, or by oth er means of delivery approved by the
Secretary of the State Election Board, to the 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 boar d 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 proce dures described in this section.
SECTION 4. It being immediately necessary for the preserv ation
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.
ENR. S. B. NO. 714 Page 5
Passed the Senate the 16th day of May, 2022.
Presiding Officer of the Senate
Passed the House of Representatives the 6th day of April, 2022.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of _________________ __, 20_______, at _______ o'clock _______ M.
By: _______________________________ __
Approved by the Governor of the State of Oklahoma this _____ ____
day of _________________ __, 20_______, at _______ o'clock _____ __ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this _______ ___
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________