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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
CONFERENCE COMMITTEE SUBSTITUTE
FOR ENGROSSED
SENATE BILL 377 By: Howard of the Senate
and
Newton and West (Josh) of
the House
CONFERENCE COMMITTEE SUBSTITUTE
An Act relating to voter registration; amendi ng 26
O.S. 2021, Sections 4-113, as amended by S ection 1,
Chapter 293, O.S.L. 2022, 4-120, as amended by
Section 3, Chapter 293, O.S.L. 2022, 4-120.1, and 4-
120.5 (26 O.S. Supp. 2022, Sections 4-113 and 4-120),
which relate to voter identification car ds and
cancellation of registrations; establishing
requirements for transmission of voter identification
cards; authorizing promulgation of rules by Secretary
of the State Election Board; adding cause for
cancellation of voter registration; authorizing
application for new voter registration within certain
time period after voluntary cancellation; requiring
court to prepare certain list; requiring list to be
provided to county election board; requiring
secretary to cancel certain registrations; requiring
report to district attorney and United States
attorney; updating statutory language; making
language gender neutral; and providing an effective
date.
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BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 26 O.S. 2021, Section 4 -113, as
amended by Section 1, Chapter 293, O.S.L. 2 022 (26 O.S. Supp. 2022,
Section 4-113), is amended to read as follows:
Section 4-113. A. The Secretary of the State Election Board
shall devise a voter identification card which shall be issued to
every person who becomes a registered voter in Oklahoma. The voter
identification card shall contain such information as is necessary
to determine a registered voter ’s eligibility.
B. When a person registers to vote or changes his or her
registration in any manner to require a new voter identification
card, or upon the eighteenth birthday of a person who has submitted
a voter registration application pursuant to the p rovisions of
subsection B of Section 4-103 of this title, the county election
board secretary in the county of the voter’s residence shall
transmit the new voter identification card as acknowledgment of the
transaction which may be the notice required in S ection 4-103.1 of
this title. New voter identification cards provided for in this
subsection shall be mailed to the physical address of the voter if
such address is valid to receive mail delivery; provided, however,
the voter identification card shall be transmitted to the mailing
address provided by the voter on his or her voter registration
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application if the mailing type or physical address meets one of the
following exceptions:
1. The voter’s physical address of residence is not a valid
address to receive mail delivery . A valid address is one that
follows the correct standards and formatting of t he United States
Postal Service. A valid address shall have a street name, street
number, city, state, and ZIP code. An invalid address is one that
has a directional address or unknown structure under standards of
the United States Postal Service or is otherwise not eligible to
receive mail delivery from the United States Postal Service. If the
applicant’s address of residence is not a valid address for mail
delivery, the voter identification card shall be transmitted to the
mailing address provided by the applicant on his or her vote r
registration application;
2. The voter cannot receive mail delivery at a physical address
due to “No Mail Receptacle” according to the United States P ostal
Service; or
3. The mailing of the voter identification card is the result
of an action initiated by the election board which may include
notification to the voter of changes to a polling place, district
lines, or precincts listed on the voter regist ration card.
C. 1. If a voter registration card is mailed to the voter ’s
physical address and is returned to the e lection board by the postal
service due to “No Mail Receptacle”, the voter registration card may
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be resent to the mailing address provided on the voter registration
application. A person whose voter identification card was returned
pursuant to this subsection may appear in person to requ est and be
provided the returned voter registration card at the coun ty election
board by presenting proof of identity as described in subsection A
of Section 7-114 of this title.
2. Upon determination that a voter ’s physical address of
residence cannot receive mail as described in pa ragraph 1 or 2 of
subsection B of this section, the secretary of the county el ection
board may make a notation of such information in the election
management system, and any future mailings under the voter ’s current
voter registration may be mailed to the voter’s mailing address.
D. The Secretary of the State Election Board may pro mulgate
rules to implement the requirements of this section.
SECTION 2. AMENDATORY 26 O.S. 2021, Section 4-120, as
amended by Section 3, Chapter 293, O.S.L. 2022 (26 O.S. Supp. 2022,
Section 4-120), is amended to read as follows:
Section 4-120. A. The registration of any registered voter
shall be canceled only for one of the followin g reasons:
1. Written notice from the voter pursuant to Section 4-120.1 of
this title;
2. Death;
3. Conviction of a felony;
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4. Judicial determination of mental incapacitation under Title
30 of the Oklahoma Statutes;
5. Registration in another county or state;
6. Failure to respond to a confirmation of address mailing and
failure to vote as prescribed in Section 4-120.2 of this title; or
7. The surrendering of the voter’s Oklahoma driver license to
the Department of Public Safety Service Oklahoma upon being issued a
driver license in another state; or
8. Being excused from jury duty for not being a citizen of the
United States.
B. For purposes of this section, paragraphs 5 and 7 of
subsection A of this section shall constitute confirmation from the
voter to cancel his or her voter registration due to a change of
residence.
C. A list of voter registrations that were canceled during the
previous twenty-four (24) months, and the reason for the
cancellation, shall be made available to the public.
SECTION 3. AMENDATORY 26 O.S. 2021, Section 4 -120.1, is
amended to read as follows:
Section 4-120.1. A. A registered voter may h ave his or her
name removed from the voter registration database by executing a
written notice for same to the Secretary of the Stat e Election Board
or any county election board . Such written notice shall be
personally signed by the voter and either shall be notarized or
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shall be witnessed by t wo persons whose names and addresses shall be
included on the notice.
B. Any voter who voluntarily cancels his or her voter
registration as provided in this section shall be el igible to submit
a new voter registrati on application in the same county when s ixty
(60) or more calendar days have passed since the submission of the
request for cancella tion.
SECTION 4. AMENDATORY 26 O.S. 2021, Section 4 -120.5, is
amended to read as follows:
Section 4-120.5. A. The court clerk in each co unty shall
prepare each month a li st of all persons who have been adjudge d
incapacitated and hold said provide the list for to the secretary of
the county election board. The secretary shall cancel the
registration of each registered voter included on said the list, and
such the person shall be ineligible for registration unti l he or she
has been adjudged no longer incapacitated by a court of competent
jurisdiction.
B. The court clerk in each county shall prepare ea ch month a
list of all persons who were excused from jury duty for not bei ng a
citizen of the United States and provide the list to the secretary
of the county election board. The secretary shall cancel the
registration of each registered voter included o n the list, and
shall report the person or persons to the district attorne y and the
United States attorney for th e county.
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SECTION 5. This act shall become effective November 1, 2023.
59-1-2187 TEK 5/23/2023 2:08:01 PM