Oklahoma 2023 2023 Regular Session

Oklahoma House Bill HB2052 Enrolled / Bill

Filed 05/16/2023

                    An Act 
ENROLLED HOUSE 
BILL NO. 2052 	By: Roberts, Wolfley, Hilbert, 
Lawson, Olsen, West (Josh), 
and Maynard of the House 
 
  and 
 
  Bergstrom, Hamilton, Jett, 
Bullard, Standridge, Woods, 
Gollihare, and Stewart of 
the Senate 
 
 
 
 
 
 
An Act relating to elections; amen ding 26 O.S. 2021, 
Sections 4-121, as amended by Section 20, Chapter 
282, O.S.L. 2022, and 7 -103.2, as amended by Section 
6, Chapter 293, O.S.L. 2022 (26 O.S. Supp. 2022, 
Sections 4-121 and 7-103.2), which relate to 
multistate voter list maintenance organi zations and 
registered voter lists; authorizing expenditure o f 
funds for certain purpose; modifying authority to 
join certain organizations; requiring certain 
certification; prohibiting license dat a from non-
citizens; establishing requirements for membersh ip in 
certain organizations; authorizing use of certain 
data by Secretary of the State Election Board; 
requiring withdrawal as member of organization under 
certain circumstances; authorizing civil action for 
certain violations; requiring annual publication of 
certain information; authorizing Secretary of the 
State Election Board to enter into certain 
agreements; modifying requirements for sharing of 
certain lists; requiring certain information be made 
available to the public free of charge; and providing 
an effective date. 
 
 
 
 
SUBJECT: Elections 
  ENR. H. B. NO. 2052 	Page 2 
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 or to an agreement as described in subsection H of t his 
section. Prior to the State of Oklahoma joining a multistate voter 
list maintenance orga nization, 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 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 citi zens 
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 
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;  ENR. H. B. NO. 2052 	Page 3 
 
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 representative 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 th at 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 
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 membe r 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 jointl y, may bring such civil action.  ENR. H. B. NO. 2052 	Page 4 
 
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 organiza tion: 
 
a. annual membership dues, if any, and 
 
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 Boa rd 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 statistical information deemed appropriate 
by the Secretary of the State Election Board. 
 
H.  The Secretary of the State Election Board may enter into an 
agreement with the chief state election official of one or more 
states or territories of the United Sta tes to share or cross -check 
voter registration data in a manner consistent with the requirements 
for membership in a multistate voter list maintenance organization 
described in this section. 
 
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, wh ich 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 felony 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.  ENR. H. B. NO. 2052 	Page 5 
 
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. 
 
 
  ENR. H. B. NO. 2052 	Page 6 
Passed the House of Representatives the 15th day of May, 2023. 
 
 
  
 	Presiding Officer of the House 
 	of Representatives 
 
 
Passed the Senate the 25th day of April, 2023. 
 
 
  
 	Presiding Officer of the Senate 
 
 
OFFICE OF THE GOVERNOR 
Received by the Office of the Governor this ____________________ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
By: _________________________________ 
Approved by the Governor of the State of Oklahoma this _____ ____ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
 
 
 	_________________________________ 
 	Governor of the State of Oklahoma 
 
OFFICE OF THE SECRETARY OF STATE 
Received by the Office of the Secretary of State this __________ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
By: _________________________________