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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 59th Legislature (2023)
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32	32	HOUSE BILL 1643 By: Maynard
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38	38	AS INTRODUCED
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40	40	An Act relating to elections; amending 26 O.S. 2021,
41	41	Section 4-120.3, as last amended by Section 5,
42	42	Chapter 293, O.S.L. 2022 (26 O.S. Su pp. 2022, Section
43	43	4-120.3), which relates to voter registration of
44	44	deceased persons; requiring Secretary of State
45	45	Election Board to obtain death records from the
46	46	Social Security Administration ; and providing an
47	47	effective date.
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54	54	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKL AHOMA:
55	55	SECTION 1. AMENDATORY 26 O.S. 2021, Section 4 -120.3, as
56	56	last amended by Section 5, Chapter 293, O.S.L. 2022 (26 O.S. Supp.
57	57	2022, Section 4-120.3), is amended to read as follows:
58	58	Section 4-120.3 A. The State Department of Health shall each
59	59	month transmit to the Secretary of the State Election Board a
60	60	certified list of all deaths of residents that have occurred within
61	61	the state for the immediately preceding month to include only the
62	62	personal identifiers needed to compare such information against the
63	63	state's voter registration database including, but not limited to,
64	64	the decedent's name, date of death, and da te of birth. The list
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91	91	shall include the last four digits o f the decedent's Social Security
92	92	number and driver license number or state identification card number
93	93	for each decedent if such information was p rovided to the State
94	94	Department of Health. The Secretary of the State Election Board
95	95	shall transmit such list to the secretary of the county election
96	96	board who shall then use the list to ascertain those voters who are
97	97	deceased, and shall remove such deceased person's name from the
98	98	central registry and voter regist ration database within thirty (30)
99	99	days from the date the list was received by the county election
100	100	board. Such list shall be used only for the purposes described in
101	101	this subsection. The State Election Board and county election
102	102	boards shall not release information, d ata, or records received from
103	103	the State Department of Health for the p urpose of identifying
104	104	deceased voters in response to an Oklahoma Open Records Act request
105	105	and shall protect the int egrity of the vital records data to the
106	106	extent required of the State De partment of Health by Section 1-323
107	107	of Title 63 of the Oklahoma Statutes.
108	108	B. The registration of a deceased voter shall be canceled by
109	109	the secretary of a county election board upon the receipt of a
110	110	certified copy of a death ce rtificate from any perso n or upon the
111	111	execution by the next of kin of such deceased vote r of a form and
112	112	upon the nature of proof of the fact thereof as prescribed by the
113	113	Secretary of the State Election Board. Such form must be executed
114	114	in person by the deceased voter's next of kin at the county election
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141	141	board office, in which case it shall b e witnessed by the secretary
142	142	or other designated employees, at the deceased voter's precinct
143	143	polling place or at the next of kin's precinct polling place in the
144	144	same county on the day of any e lection, in which case it shall be
145	145	witnessed by the inspector of such precinct, or the form may be
146	146	personally signed by the next of kin, such signature to be notarized
147	147	by a notary public or witnessed by two persons whose signatures and
148	148	addresses shall appe ar on the form, and returned to the county
149	149	election board.
150	150	C. The administrator of a nursing fa cility, as defined in
151	151	Section 1-1902 of Title 63 of the Oklahoma Statutes, or the
152	152	administrator of a State Veterans Home established pursuant to Title
153	153	72 of the Oklahoma Statutes, also may execute a form prescribed by
154	154	the Secretary of the State Election Board to notify the secretary of
155	155	the county election board of the death of a nursing facility
156	156	resident who is a registered voter . The administrator's signature
157	157	on such form shall be witnessed by a member of the nursing home
158	158	absentee voting board, shall be notar ized or shall be witnessed by
159	159	two persons whose signatures and addresses shall appear on the form.
160	160	D. A funeral director, as defined in Section 396.2 of Titl e 59
161	161	of the Oklahoma Statutes, may execute a form prescribed by the
162	162	Secretary of the State Election Board to notify the secretary of the
163	163	county election board of the death of a resident of the county. The
164	164	funeral director's signature on such form either s hall be notarized
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191	191	or shall be witnessed by two persons whose signatures and addresses
192	192	shall appear on the form. Upon receipt of such form or any notice
193	193	setting forth substantially the same facts and witnessed or
194	194	notarized as provided in this section, the secretary of the county
195	195	election board shall be authorized to cancel the voter registration
196	196	of such deceased person.
197	197	E. The registration of a deceased voter who was a member of the
198	198	Oklahoma National Guard or the Armed Forces of the United States and
199	199	who died in the line of duty may be canceled by the secretary of a
200	200	county election board upon the receipt of notification of the
201	201	voter's death from the Oklahoma National Guard or the Armed Forces
202	202	of the United States. The Secretary of the State Election Board may
203	203	prescribe the forms of such notification to be accepted by the
204	204	county election board in order to cause the registration of the
205	205	voter to be canceled. The Secretary shall further request the
206	206	Oklahoma National Guard and the Armed Forces of the United States to
207	207	provide notifications to the county election board as provided for
208	208	in this section.
209	209	F. The Secretary of the State Election Board is authorized to
210	210	shall obtain official death records from the Social Security
211	211	Administration and from other states . The Secretary of the State
212	212	Election Board may compare such death rec ords against the state's
213	213	voter registration database. Any possible match of a death record
214	214	to a registered voter shall be transmitted to the secretary of the
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241	241	county election board in the county in wh ich the voter is
242	242	registered. The secretary of the count y election board shall
243	243	ascertain any voter who is deceased, and shall remove such deceased
244	244	person's name from the central registry and voter registration
245	245	database.
246	246	SECTION 2. This act shall become effective January 1, 2024.
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248	248	59-1-5670 LRB 12/20/22

Oklahoma 2023 Regular Session

Oklahoma House Bill HB1643 Compare Versions