Oklahoma 2023 Regular Session

Oklahoma House Bill HB2056 Compare Versions

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29-SENATE FLOOR VERSION
30-April 11, 2023
28+STATE OF OKLAHOMA
3129
30+1st Session of the 59th Legislature (2023)
3231
3332 COMMITTEE SUBSTITUTE
3433 FOR ENGROSSED
35-HOUSE BILL NO. 2056 By: Roberts and Wolfley of the
34+HOUSE BILL 2056 By: Roberts and Wolfley of the
3635 House
3736
3837 and
3938
4039 Bergstrom of the Senate
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43+
44+COMMITTEE SUBSTITUTE
4445
4546 [ elections - cancelation of voter registration –
4647 mailing addresses - ballots - hours for voting - vote
4748 centers – effective date -
4849 emergency ]
4950
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5354 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
5455 SECTION 1. AMENDATORY 26 O.S. 2021, Section 4 -113, as
5556 amended by Section 1, Chapter 293, O.S.L. 2022 (26 O.S. Supp. 2022,
5657 Section 4-113), is amended to read as follows:
5758 Section 4-113. A. The Secretary of the State Election Board
5859 shall devise a voter identification card which shall be issued to
5960 every person who becomes a registered voter in Oklahoma. The voter
6061 identification card shall contain such information as is necessary
6162 to determine a registered voter ’s eligibility.
6263 B. When a person registers to vote or changes his or her
6364 registration in any manner to require a new voter identification
64-card, or upon the eighteenth birthday of a person who has submitted
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91+card, or upon the eighteenth birthday of a person who has submitted
9292 a voter registration application pursuant to the p rovisions of
9393 subsection B of Section 4-103 of this title, the county election
9494 board secretary in the county of the voter’s residence shall
9595 transmit the new voter identification card as acknowledgment of the
9696 transaction which may be the notice required in S ection 4-103.1 of
9797 this title. New voter identification cards provided for in this
9898 subsection shall be mailed to the physical address of the voter if
9999 such address is valid to receive mail delivery; provided, however,
100100 the voter identification card shall be transmitted to the mailing
101101 address provided by the voter on his or her voter registration
102102 application if the mailing type or physical address meets one of the
103103 following exceptions:
104104 1. The voter’s physical address of residence is not a valid
105105 address to receive mail delivery . A valid address is one that
106106 follows the correct standards and formatting of t he United States
107107 Postal Service. A valid address shall have a street name, street
108108 number, city, state, and ZIP code. An invalid address is one that
109109 has a directional address or unknown structure under standards of
110110 the United States Postal Service or is otherwise not eligible to
111111 receive mail delivery from the United States Postal Service. If the
112112 applicant’s address of residence is not a valid address for mail
113113 delivery, the voter identification card shall be transmitted to the
114-mailing address provided by the applicant on his or her vote r
115-registration application;
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140+mailing address provided by the applicant on his or her vote r
141+registration application;
143142 2. The voter cannot receive mail delivery at a physical address
144143 due to “No Mail Receptacle” according to the United States Postal
145144 Service; or
146145 3. The mailing of the voter identification card is the result
147146 of an action initiated by the election board whi ch may include
148147 notification to the voter of changes to a polling place, district
149148 lines, or precincts listed on the voter registration card , but shall
150149 not include address confirmation mailings provide d in accordance
151150 with Section 4-120.2 of this title.
152151 C. 1. If a voter registration card is mailed to the voter ’s
153152 physical address and is returned to the e lection board by the postal
154153 service due to “No Mail Receptacle”, the voter registration card may
155154 be resent to the mailing address provided on the voter registration
156155 application. A person whose voter identification card was returned
157156 pursuant to this subsection may appear in person to requ est and be
158157 provided the returned voter registration card at the coun ty election
159158 board by presenting proof of identity as described in subsection A
160159 of Section 7-114 of this title.
161160 2. Upon determination that a voter ’s physical address of
162161 residence cannot receive mail as described in pa ragraph 1 or 2 of
163162 subsection B of this section, the secretary of the county election
164163 board may make a notation of such information in the election
165-management system, and any future mailings under the voter ’s current
166-voter registration may be mailed to the voter’s mailing address.
167164
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190+management system, and any future mailings under the voter ’s current
191+voter registration may be mailed to the voter’s mailing address.
194192 D. The Secretary of the State Election Board may promulgate
195193 rules to implement the requirements of this section .
196194 SECTION 2. AMENDATORY 26 O.S. 2021, Section 4 -120.1, is
197195 amended to read as follows:
198196 Section 4-120.1 A. A registered voter may ha ve his or her name
199197 removed from the voter registration database by executing a written
200198 notice for same to the Secretary of the Stat e Election Board or any
201199 county election board . Such written notice shall be personally
202200 signed by the voter and either shall be notarized or shall be
203201 witnessed by two persons who se names and addresses shall be included
204202 on the notice.
205203 B. Any voter who voluntarily cancels his or her voter
206204 registration as provided in this section shall be el igible to submit
207205 a new voter registratio n application in the same county when sixty
208206 (60) or more calendar days have passed since the submission of the
209207 request for cancella tion.
210208 SECTION 3. AMENDATORY Section 1, Chapter 291, O.S.L.
211209 2022 (26 O.S. Supp. 2022, Section 6 -104.1), is amended to read as
212210 follows:
213211 Section 6-104.1 A. All ballots used for any election shall be
214212 printed on paper to ensure a fair and accurate count; provided, each
215213 precinct polling place and in-person absentee voting location shall
216-provide a means for any voter who requires as sistance by reason of
217-blindness, disability, or inability to read or write to cast a
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240+provide a means for any voter who requires as sistance by reason of
241+blindness, disability, or inability to read or write to cast a
245242 ballot privately and independently, in a manner to be determined by
246243 the Secretary of the State Election Board.
247244 B. 1. Ballots for each election day precinct shall be printed
248245 in advance of the date o f the election. Provided, the Secretary of
249246 the State Election Board may autho rize the printing of additional
250247 ballots on election day in the event of a b allot shortage or due to
251248 an emergency or unforesee n circumstance as described in Section 22 -
252249 101 of this title.
253250 2. Nothing in this subsection shall prohibit the printing or
254251 marking of ballots for persons with blindness, disability, or
255252 inability to read or writ e as provided in subsection A of this
256253 section.
257254 SECTION 4. AMENDATORY 26 O .S. 2021, Section 7-104, is
258255 amended to read as follows:
259256 Section 7-104. A. At every Primary, Runoff Primary and General
260257 Election and any other election conducted by a county election
261258 board, each polling place in the state shall open at 7:00 a.m. and
262259 shall remain open continuously until 7:00 p.m., and every registered
263260 voter of a precinct who presents himself between said hours shall be
264261 entitled to vote, as provided by law, provided further, all
265262 qualified voters who are in line waiting to vote at 7:00 p.m. s hall
266263 be allowed to vote.
267-B. 1. A registered voter wishing to vote on election day shall
268-appear at the polling p lace for his or her assigned precinct.
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290+B. 1. A registered voter wishing to vote on election day shall
291+appear at the polling p lace for his or her assigned precinct.
296292 2. Neither the State Election Board nor any county election
297293 board shall utilize vote centers for voting on election day. For
298294 the purposes of this section “vote center” means a place where any
299295 voter in the entire juris diction can vote on election day,
300296 regardless of the voter ’s precinct assignment. Provided, an
301297 exception to this requirement may be authorize d for a county
302298 election board by the Secretary of the State Election Board in the
303299 event of an emergency as described in Section 22-101 of this title.
304300 The emergency use of a countywide vote center must b e limited to the
305301 precincts directly impacted by the e mergency.
306302 3. Nothing in this subsection shall prohibit the use of
307303 subprecincts as described in Section 3-119 of this title, nor shall
308304 it prohibit the assignment of precinct officials to serve more than
309305 one precinct, if authorized by law, if the precincts share the same
310306 election day polling place.
311307 C. If any provision of federal law specifies hours for voting
312308 in federal elections, the Secretary of the State Election Board
313309 shall direct the county election boards to allow voting in all
314310 elections held on the s ame day as such federal elections during the
315311 hours specified by federal law.
316312 SECTION 5. This act shall become effective July 1, 2023.
317-SECTION 6. It being immediately nec essary for the preservation
318-of the public peace, health or safety, an emergency is hereby
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339+SECTION 6. It being immediately nec essary for the preservation
340+of the public peace, health or safety, an emergency is hereby
346341 declared to exist, by reason whereof thi s act shall take effect and
347342 be in full force from and after its passage and approval.
348-COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
349-April 11, 2023 - DO PASS AS AMENDED BY CS
343+
344+59-1-2099 TEK 4/11/2023 1:34:31 PM