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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 1415 By: Crosswhite Hader
AS INTRODUCED
An Act relating to elections; providing for
suspension of provisions implementing federal law;
providing for certain determinat ion; creating
committee to oversee operations of elections;
providing for membership , co-chairs, quorum, and
powers and duties; providing for codification; and
providing an effective dat e.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 22-117 of Title 26, unless there
is created a duplication in numbering, reads as follows:
A. In the event any federal law, regulation, order, or other
official action that is enacted or adopted after the effective date
of this act solely pursuant to authority under Article 1, Section 4,
Clause 1 of the United States Constitution seeks to substantially
modify or supersede any voter registration or election
administration laws and procedures duly enacted by the Legislature,
that federal law, regulation, order, or other official action shall
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be applicable only to elections for federal office held in this
state.
B. A determination pursuant to subsection A of this section
that a federal law, regulation, order, or other off icial action
would substantially modify or supersede the voter registration or
election administration laws and procedures duly enacte d by the
Legislature shall be made by the Attorney General, wit h the
concurrence of the Secretary of the State Election Bo ard. The
determination shall be made in writing and shall state the reasons
for the determination.
C. 1. There is hereby created a com mittee to propose changes
to the time, place, and manner of conducting elections for state,
county, and other non -federal offices in the event of a
determination made pursuant to subsection B of this section.
2. A report of proposed recommendations described in paragraph
1 of this subsection shall be submitted to the President Pro Tempore
of the Senate, the Speaker of the Ho use of Representatives, and the
Governor within sixty (60) days of a determination made pursuant to
subsection B of this section. To become operative, such
recommendations shall be enacted by the Legislature in the same
manner as other legislation.
3. Provided, if the Legislature is not in session at the time
of a determination made pursuant to subsection B of this section,
then the committee may temporarily modify election dates and other
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associated dates and deadlines provided in this title to ensure th at
no other election in this state is held on the same date as a
special or regular election for federal office. Such modifications
shall expire on January 1 of the year following the next regu larly
scheduled general election.
4. The committee shall cons ist of eleven (11) members, as
follows:
a. four members of the Oklahoma State Senate, at least
one of whom shall be a member of the minority party,
to be appointed by the President Pro Tempore o f the
Senate,
b. four members of the Oklahoma House of Represe ntatives,
at least one of whom shall be a member of the minority
party, to be appointed by the Speaker of the House of
Representatives,
c. the Attorney General, or designee ,
d. the chair of the District Attorneys Council, or
designee, and
e. the Governor, or designee.
5. The Secretary of the State Election Board, or designee , and
a secretary of a county election board designated by the Secretary
of the State Election Board, shall attend committe e meetings in an
advisory capacity.
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D. The President Pro Tempore of the Senate and the Speaker of
the House of Representatives shall each designate a co-chair of the
committee from among the memb ers from their respective houses.
E. A quorum of the committee shall consist of at least six
members; the agenda for each meeting shall be set by the co-chairs
and shall be made available to t he public, by posting on the Senate
and House websites, at leas t twenty-four (24) hours prior to the
time of the meeting. Meetings of the committee shall be governed by
joint rules of the Legislature.
F. The members and co-chairs of the oversight committ ee shall
be appointed no later than two (2) weeks after a determination is
made pursuant to subsection B of this section , and shall provide
recommendations to the Legislature within two (2) months after the
first meeting.
SECTION 2. This act shall become effective November 15, 2023.
59-1-6718 LRB 01/16/23