Req. No. 583 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 58th Legislature (2021) SENATE BILL 955 By: Standridge AS INTRODUCED An Act relating to election administration; creating the Election Integrity Act of 2021; providing short title; amending 26 O.S. 2011 , Section 21-102, which relates to procedures to protect proprietary interest in computer programs; requiring the State Ele ction Board Secretary to take certain inventory; requiring certain items used in t he administration of elections to meet certain requ irements; prohibiting use of data by certain method; clarifying treatment of existing use of certain products; providing fo r noncodification; providing an effective date; and declaring an emergency. BE IT ENACTED BY THE PEOPLE OF THE STATE OF O KLAHOMA: SECTION 1. NEW LAW A new section of law not to be codified in the Oklahoma Statutes reads as follows: This act shall be known and may be cited as the “Election Integrity Act of 2021”. SECTION 2. AMENDATORY 26 O.S. 2011, Section 21 -102, is amended to read as follows: Section 21-102. A. The Secretary of the State Election Board is authorized to adopt procedures and take any other actions consistent with existing law to protect the state ’s proprietary Req. No. 583 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 interest in computer progr ams and software, training materials, publications and any other documents developed as part of a unitary, unified, integrated system of election administration for the State of Oklahoma. B. Beginning July 1, 2021, the Secretar y of the State Election Board shall take an inventory of all current vendors contracted or utilized by the state for the administration of elections pursuant to subsection A of this section. The inventory list shall be used to comply with the provisions o f subsection C of this secti on. C. All computer programs and software used for election administration of this state shall be open source and provided by private companies and not publicly held companies. No elected official or candidate for any office, nor any person related within a third degree of consanguinity, shall have any interest, financial or otherwise, in any company, entity or product used for the administration of elections. Any person who is the owner of a product, software, company or othe r entity that contracts or provides any service to this state for the administration of elections shall be a United States citizen whose ownership stake is fifty-one percent (51%) or greater . No computer, product or software may be used or contracted for which allows data related to a person ’s vote to be counted, tabulated or processed in any way outside of the state in which the vote was cast. Req. No. 583 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Any existing contract for a product or service shall continue until expiration, unless the state may cancel withou t penalty. Any new contract or use for a product or service shall comply with the provisions of this section. SECTION 3. This act shall become effective July 1, 2021. SECTION 4. It being immediately necessary for the pres ervation of the public peace, health or s afety, 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. 58-1-583 TEK 1/21/2021 6:58:19 PM