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STATE OF OKLAHOMA
1st Session of the 5 9th Legislature (2023)
HOUSE BILL 2052 By: Roberts
AS INTRODUCED
An Act relating to elections; amending 26 O.S. 2021,
Section 4-121, as amended by Section s 20, Chapter
282, O.S.L. 2022 (26 O .S. Supp. 2022, Section 4-121),
and 7-103.2, as last amended by Section 6, Chapter
293, O.S.L. 2022 (26 O.S. Supp. 2022, Section 7 -
103.2), which relate to multistate voter list
maintenance organizations ; modifying authority to
join certain organizations; prohibiting license date
from non-citizens; providing penalties; authorizing
litigation; requiring annual publishing of certain
information; prohibiting charging of fee for certain
information available to the public; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 26 O.S. 2021, Section 4 -121, as
amended by Section 20, Chapter 282, O.S.L. 2022 (26 O.S. Supp. 2022,
Section 4-121), is amended to read as follows:
Section 4-121 A. The Secretary of the State Election Board may
join the State of Oklahoma as a member in one or more multistate
voter list maintenance organizations including, but not limited to ,
the Electronic Registration Information Center (ERIC) o r its
successor. The Secretary is authorized to expend funds as available
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for membership fees, dues and other expenses related to such
membership. Prior to the State of Oklahoma joining a multistate
voter list maintenance organization, the organization shal l certify
in writing to the Secretary of the State Election Board that
membership in the organization meets the requirem ents of this
section.
B. Upon membership in an organization as provided in subsection
A of this section, the Secretary of the Sta te Election Board may
provide voter registration data to the organization and Service
Oklahoma may provide motor vehicle license data to the organization
if such data is required to be provided as a condition of
membership. The voter registration data and motor vehicle license
data described in this subsection may include a person's name,
address, date of birth, driver license or state identi fication
number, last four digits of a Social Security number or any other
data required by the organization. Service Oklahoma shall not
provide motor vehicle lic ense data for persons who are identified as
not being citizens of the United States or whose citizenship status
is unknown. The transmission and storage of such data shall be done
in a secure manner.
C. 1. If a multistate voter list maintenance organiz ation of
which this state is a member identifi es Oklahoma residents who are
citizens of the United States eligible to vote but not yet
registered, the Secretary of th e State Election Board may notify
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such citizens about the procedure for obtaining a voter registration
application and becoming a registered voter in thi s state. The
notification shall not include a voter registration application.
2. The multistate voter list maintenance organization shall
certify that, to the best of its knowledge, all pers ons it
identifies as eligible to vote but not yet registered ar e citizens
of the United States.
3. The Secretary may de legate the contacting of such citizens
to the secretary of the appropriate county election board.
D. If a multistate voter list maintenance organization of which
this state is a member provides United States Postal Service
National Change of Address data regarding registered voters who have
changed their address of residence within the state, the Secretary
of the State Election Board may use the data pursuant to the
provisions of Section 4-118.1, 4-120.2 or 7-115.1 of Title 26 of the
Oklahoma Statutes or t he federal National Voter Registration Act.
E. It shall be unlawful for a multistate voter list maintenance
organization of which thi s state is a member to provide or release
any voter registration data or motor vehicle license data received
from the State of Oklahoma to any other party. Provided, this shall
not prohibit the organization from provid ing relevant matching
information to a member state regarding duplicate registrations,
deaths, or changes of residency involving persons identified in the
data provided by the State of Oklahoma . Any verified evidence that
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indicates that any voter registra tion data or motor vehicle license
data for Oklahoma is being used for purpos es unrelated to voter roll
maintenance or is being used for or is being released to any third
party, except as provided in this subsection , shall result in
Oklahoma's immediate wi thdrawal from the multistate voter list
maintenance organization. Verified ev idence may include Open
Records Act documents reviewed during investigation by the
Legislature or the Secretary of the State Election Board that
indicates that such activity is o ccurring.
F. The Oklahoma Attorney General shall have the authority to
pursue litigation in a district court of this state, for damages
caused by the unlawful sharing of Oklahoma's data as provided in
subsection E of this section against the multistate vo ter list
maintenance organization if the data of the state is shared in
violation of this section. Should the Attorney General decline to
pursue action, the Secretary of the State Election Board or the
Legislature by a majority vote may initiate an action to hire
outside counsel to sue the multistate voter list maintenance
organization if Oklahoma's data is shared in violation of this
section.
G. On an annual basis, the Secretary of the State Election
Board shall cause to be published on the website of th e State
Election Board the following costs associated with membership in a
multistate voter list maintenance organization:
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1. Annual membership dues, if any;
2. Mailings sent to persons identified in subsection C of this
section, if any;
3. Information technology utilized for the transfer or receipt
of data as described in this s ection; and
4. Any other costs directly attributable to the s tate's
membership in the organization.
H. On an annual basis, the Secretary of the State Election
Board shall cause to be published on the website of the State
Election Board the following stat istical information:
1. The number of voter registrations by county that are
canceled on the basis of information received from the multistate
voter list maintenance organizatio n, and the reason for the
cancellation;
2. The number of registered voters by county required to
receive an address confirmation mailing on the basis of information
received from the multistate voter list maintenance organization;
3. The number of mailin gs by county for persons identified in
subsection C of this section; and
4. Such other statistical information deemed appropriate by the
Secretary of the State Election Board.
SECTION 2. AMENDATORY 26 O.S. 2021, Section 7 -103.2, as
last amended by Section 6, Chapter 293, O.S.L. 2022 (26 O.S. Supp.
2022, Section 7-103.2), is amended to read as follows:
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Section 7-103.2 A. 1. County election boards shall maintain a
current list of all registered voters in each precinct, whi ch will
reflect the address and party affiliation of each voter . The list
shall be public information; provided, the.
2. The list shall only be shared with a court system if that
court system agrees to regularly provide the names of persons
convicted of a felon y in that court system to the Secretary of the
State Election Board and the appropriate secretary of a county
election board, or if the court system is required by state law to
do so.
3. The publicly available voter list shall note any voter for
whom a first-class mailing from the county election board or the
State Election Board was returned undeliverable.
B. The Secretary of the State Election Board shall ensure that
an electronic copy of the voter registration information eligible to
be released publicly pursuant to the Open Records Act is available
to the public free of charge.
SECTION 3. This act shall become effectiv e November 1, 2023.
59-1-5456 LRB 01/13/23