An Act
ENROLLED SENATE
BILL NO. 1040 By: Jech of the Senate
and
Worthen of the House
An Act relating to voter registration; amending 26
O.S. 2021, Section 4-109.3, as amended by Section 15,
Chapter 282, O.S.L. 2022 (26 O.S. Supp. 2022, Section
4-109.3), which relates to motor vehicle licensing
agencies; requiring certain requ est to person upon
certain application; requiring certain response to be
submitted in writing or elec tronically; requiring
electronic transmission of cert ain applications to
the State Election Board; prohibiting voter
registration services to certain persons; removing
authority to develop certain system; and declaring an
emergency.
SUBJECT: Voter registration
BE IT ENACTED BY THE PEOPL E OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 26 O.S. 2021, Section 4 -109.3, as
amended by Section 15, Chapter 282, O.S.L. 2022 (26 O.S. Supp. 2022,
Section 4-109.3), is amended to read as follows:
Section 4-109.3. A. When a qualified elector applies for
issuance or renewal of an Oklahoma driver license, or issuance of a
state identification card issued pu rsuant to Section 6-105 of Title
47 of the Oklahoma Statutes, he or she shall be provided voter
registration services as required by the National Vot er Registration
Act. All completed The person shall be asked whether he or she
wishes to register to vote or to change his or her address for
voting purposes. A person who declines to register shall confirm
ENR. S. B. NO. 1040 Page 2
such choice in writing or by electronic means. Completed electronic
voter registration applications shall be electronically transmitted
by the agency accepting the application to the State Election Board
or county election board . Completed paper voter registration
applications shall be transmitted by the agency accepting the
application at the close of business each week to the State Election
Board in preaddressed, postage prepaid envelopes provided by the
State Election Board. If a person registers or declines to register
to vote, the office at which the pers on submits the voter
registration application or the fact that the person declined to
register shall remain confidential and will be used only for vo ter
registration purposes.
B. No voter registration services shall be offered to any
person who, at the time of an application for issuance or renewal of
an Oklahoma driver license or st ate identification car d, provides
documentation that shows that t he person is not a citizen of the
United States.
C. A change of address for an Oklahoma driver license or state
identification card submitted by a registered voter shall also serve
as a change of address for voter registratio n purposes if the new
address is within the same co unty where the voter is registered to
vote. If the new address is outside the county where the voter is
currently registered to vote, the voter shall be sent a notice and
application with instructions for registering to vote at the new
address. A change of address for an Oklahoma driver license or
state identification card shall not be used to update a voter
registration address if the registrant states in writing or by
electronic means that the change of address is not for vot er
registration purposes.
C. D. Licensed operators shall receive fifty cents ($0.50) per
valid paper voter registration application or application for change
in voter registration taken by themselves and employees of the
licensed operator’s office taken at the licensed operator’s office,
payable by the State Election Board.
D. E. Service Oklahoma shall notify the Secretary of the State
Election Board of licensed operator appointments. Service Oklahoma
shall notify the Secretary of the State Election Board of licensed
operators qualified to issue driver licenses.
ENR. S. B. NO. 1040 Page 3
E. The Secretary of the State Election Board is authorized to
develop with Service Oklahoma a system to electronically transmit
voter registration applications from licensed operators to the State
Election Board or county election boards . Such system shall be
consistent with the requirements for electronic submission of voter
registration applications provided in Section 4 -109.4 of this title.
F. The Secretary of the State Election Board shall promulgate
rules and procedures to implement the requirements of this section.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage an d approval.
ENR. S. B. NO. 1040 Page 4
Passed the Senate the 9th day of March, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the 26th day of April, 2023.
Presiding Officer of the House
of Representatives
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: _________________________________