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SENATE FLOOR VERSION
April 11, 2023
COMMITTEE SUBSTITUTE
FOR ENGROSSED
HOUSE BILL NO. 2052 By: Roberts, Wolfley, Hilbert,
Lawson, and Olsen of the
House
and
Bergstrom, Hamilton, Jett,
and Bullard of the Senate
[ elections - multistate voter list maintenance
organizations – penalties – litigation - annual
publishing of information - 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
for membership fees, dues and other expenses related to such
membership. Prior to the State of Oklahoma joining a multistate
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voter list maintenance orga nization, the organization shal l certify
in writing to the Secretary of the State Election Board that
membership in the organiz ation 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 dat a 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 stat e identification
number, last four digits of a Social Security number or any other
data required by the organization. Motor vehicle license data shall
not be provided for persons who are identified as not being citizens
of the United States. The transmission and storage of such data
shall be done in a secure manner.
C. If a The Secretary of the State Election Board shall not
join a multistate voter list maintenance organiz ation of which this
state is a member identifies Oklahoma residents who are citizens of
the United States eligible to vote but not yet registered, the
Secretary of the State Election Board may notify such citizens about
the procedure for becoming a registered voter in thi s state. The
Secretary may delegate the contacting of such citizens to the
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secretary of the appropriate county election board if any of the
following requirements are a condition of membership in the
organization:
1. A notification is required to be sent to person s who are
eligible to vote but not yet registered to vote;
2. Membership in the organization includes any person or entity
other than a state or territory of the United States;
3. The governing board of the organization includes any member
or ex officio member who is not a represe ntative of a state or
territory of the United States; or
4. The organization provides or releases voter registration
data or motor vehicle license dat a received from this state to any
party other than a state or territory of the United States that is a
member of the organization .
D. 1. 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 this title or the federal National Voter
Registration Act of 1993.
2. If a multistate voter list maintenanc e organization of which
this state is a member provides Social Security Administration death
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records matching data regarding voters who are deceased, the
Secretary of the State Election Board may use the dat a as authorized
pursuant to Section 4-120.3 of this title.
E. If a multistate voter list maintenance organization of which
this state is a member provides or releases any voter registration
data or motor vehicle license data received from t his state to any
party other than a state or territory that is a member of the
organization, or if the dat a from this state is used by any member
of the organization for a purpose other than voter list maintenance,
the State of Oklahoma shall immediately withdraw as a member of the
organization.
F. The Oklahoma Attorn ey General shall have the authority to
bring a civil action against the multistate voter list maintenance
organization in a district court of this state for damages caused by
the sharing of the dat a of this state as described in paragraph 4 of
subsection C of this section. If the Attorney General decline s to
pursue action, the Secretary of the State Election Board , or the
President Pro Tempore of the Senate and the Speak er of the House of
Representatives jointly, may bring such civil action.
G. 1. The Secretary of the State Election Board shall cause to
be published annually on the website of th e State Election Board the
following costs associated with membership in a mul tistate voter
list maintenance organization:
a. annual membership dues, if any, and
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b. any other costs directly attributable to the s tate’s
membership in the or ganization.
2. The Secretary of the S tate Election Board shall cause to be
published annually on the website of the State Election Board the
following statistical information:
a. 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 , and
b. such other statistica l information deemed appropriate
by the Secretary of the State Election Board.
SECTION 2. AMENDATORY 26 O.S. 2021, Section 7 -103.2, as
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:
Section 7-103.2 A. 1. County election boards shall maintain a
current list of all registered vote rs 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
provide such informat ion.
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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 list described in
subsection A of this section is made available to the public free of
charge.
SECTION 3. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
April 11, 2023 - DO PASS AS AMENDED BY CS