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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 2421 By: Alonso-Sandoval
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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 14-115.4, which relates to in-person absentee
42	42	voting; modifying hou rs during which in-person
43	43	absentee voting allowed; and providing an effective
44	44	date.
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50	50	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
51	51	SECTION 1. AMENDATORY 26 O.S. 2021, Section 14 -115.4, is
52	52	amended to read as foll ows:
53	53	Section 14-115.4 A. 1. A registered voter may apply for an
54	54	in-person absentee ballot at a location designated by the secretary
55	55	of the county election board fro m:
56	56	a. 8 a.m. to 6 p.m. on the Thursday and Friday
57	57	immediately preceding any election conducted by a
58	58	county election boar d,
59	59	b. 8 a.m. to 2 6 p.m. on the Saturday immediately
60	60	preceding a General Election, Primary Election, Runoff
61	61	Primary Election or Presiden tial Preferential Primary
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88	88	Election as described in Sections 1 -101, 1-102, 1-103
89	89	and 20-101 of this title, and
90	90	c. 8 a.m. to 6 p.m. on the Wednesday immediately
91	91	preceding a General Election as described in Section
92	92	1-101 of this title.
93	93	2. As part of the application for an in-person absentee ballot
94	94	such registered voter shall sw ear or affirm that the voter has not
95	95	voted a regular mail absentee ballot and that the voter will not
96	96	vote at the regular polling place in the election for which the in -
97	97	person absentee ballot is requested.
98	98	3. The secretary of the county election board in counties with
99	99	twenty-five thousand (25,000) or mo re registered voters, or with an
100	100	area in excess of one thousand five hundred (1,500) square miles,
101	101	may designate more than one locati on as an in-person absentee
102	102	polling place for an election, subject to the approval of and
103	103	pursuant to the procedures prescribed by the Secretary of the State
104	104	Election Board.
105	105	B. 1. The voter also shall provide proof of identity as
106	106	defined in Section 7 -114 of this title. If the voter declines to or
107	107	is unable to produce proof of identity, the voter may sign a
108	108	statement under oath, in a form approved by the Secretary of the
109	109	State Election Board, swearing or affirming that the person is the
110	110	person identified on the precinct registry, and shall be allowed to
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137	137	cast a provisional ballo t as provided in Section 7-116.1 of this
138	138	title.
139	139	2. False swearing or affirming under oath shall be punishable
140	140	as a felony as provided in Section 16 -103 of this title, and the
141	141	penalty shall be distinctly set forth on the face of the statement.
142	142	C. One or more absentee voting boards shall be on duty at th e
143	143	in-person absentee polling place on the days and during the hours
144	144	set forth in subsection A of this section . If the secretary of a
145	145	county election board receives an application from a registered
146	146	voter requesting to vote by in-person absentee ballot the secretary
147	147	shall cause to be implemented the following procedures:
148	148	1. An absentee voting board shall provide to each registered
149	149	voter who applies for an in -person absentee ballot appropriate
150	150	ballots and materials as may be necessary to vote;
151	151	2. The voter must sign an in-person absentee voter record, and
152	152	the signature of the voter on such record must be certified by both
153	153	members of the absentee voting board, except that the secretary of
154	154	the county election bo ard and one other member of the absentee
155	155	voting board may certify the signature of another member of the
156	156	absentee voting board;
157	157	3. The voter must mark the ballots of the voter in the manner
158	158	provided by law in the presence of the absentee voting board, but in
159	159	such a manner as to make it impossible for an y person other than the
160	160	voter to ascertain how such ballots are marked . Insofar as is
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187	187	possible, the voting procedure shall be the same as if the voter
188	188	were casting a vote in person at a precinct;
189	189	4. The voter shall then deposit the ballot in a voting dev ice
190	190	designated for in-person absentee voting by the secretary of the
191	191	county election board;
192	192	5. When the in-person polling place is closed on each day of
193	193	in-person absentee voting the in -person absentee voti ng board shall,
194	194	without obtaining a printout of r esults, remove the electronic
195	195	results storage media from the voting device and seal ballots
196	196	counted that day in a transfer ca se which shall be secured by the
197	197	sheriff of the county in the same manner as provi ded in Section 8-
198	198	110 of this title. The electronic results storage media shall be
199	199	sealed in a container prescribed by the Secretary of the State
200	200	Election Board. The sheriff shall secure the sealed electronic
201	201	results storage media container and return it to the in-person
202	202	absentee voting board no later t han 7:45 a.m. on the next day of in -
203	203	person absentee voting or to the secretary of the county election
204	204	board at the time of th e county election board meeting to count
205	205	absentee ballots on election day; and
206	206	6. If there is a malfunction in such a way that the electronic
207	207	results storage media used for in -person absentee voting will not
208	208	function, the sheriff is authorized to return the transfer cases
209	209	containing in-person absentee ballots to the county election boa rd
210	210	to be recounted as provided in Section 7 -134.1 of this title.
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237	237	SECTION 2. This act shall become effective November 1, 2023.
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239	239	59-1-6742 LRB 12/19/22

Oklahoma 2023 Regular Session

Oklahoma House Bill HB2421 Compare Versions