OK
Oklahoma Senate Bill SB377

Oklahoma 2023 Regular Session

Oklahoma Senate Bill SB377 Compare Versions

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4-An Act
5-ENROLLED SENATE
6-BILL NO. 377 By: Howard of the Senate
28+STATE OF OKLAHOMA
29+
30+1st Session of the 59th Legislature (2023)
31+
32+CONFERENCE COMMITTEE SUBSTITUTE
33+FOR ENGROSSED
34+SENATE BILL 377 By: Howard of the Senate
735
836 and
937
1038 Newton and West (Josh) of
1139 the House
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48+CONFERENCE COMMITTEE SUBSTITUTE
1449
1550 An Act relating to voter registration; amendi ng 26
1651 O.S. 2021, Sections 4-113, as amended by S ection 1,
1752 Chapter 293, O.S.L. 2022, 4-120, as amended by
1853 Section 3, Chapter 293, O.S.L. 2022, 4-120.1, and 4-
1954 120.5 (26 O.S. Supp. 2022, Sections 4-113 and 4-120),
2055 which relate to voter identification car ds and
2156 cancellation of registrations; establishing
2257 requirements for transmission of voter identification
2358 cards; authorizing promulgation of rules by Secretary
2459 of the State Election Board; adding cause for
2560 cancellation of voter registration; authorizing
2661 application for new voter registration within certain
2762 time period after voluntary cancellation; requiring
2863 court to prepare certain list; requiring list to be
2964 provided to county election board; requiring
3065 secretary to cancel certain registrations; requiring
3166 report to district attorney and United States
3267 attorney; updating statutory language; making
3368 language gender neutral; and providing an effective
3469 date.
3570
3671
3772
38-SUBJECT: Voter registration
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39102
40103 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
41-
42104 SECTION 1. AMENDATORY 26 O.S. 2021, Section 4 -113, as
43105 amended by Section 1, Chapter 293, O.S.L. 2 022 (26 O.S. Supp. 2022,
44106 Section 4-113), is amended to read as follows:
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47-ENR. S. B. NO. 377 Page 2
48107 Section 4-113. A. The Secretary of the State Election Board
49108 shall devise a voter identification card which shall be issued to
50109 every person who becomes a registered voter in Oklahoma. The voter
51110 identification card shall contain such information as is necessary
52111 to determine a registered voter ’s eligibility.
53-
54112 B. When a person registers to vote or changes his or her
55113 registration in any manner to require a new voter identification
56114 card, or upon the eighteenth birthday of a person who has submitted
57115 a voter registration application pursuant to the p rovisions of
58116 subsection B of Section 4-103 of this title, the county election
59117 board secretary in the county of the voter’s residence shall
60118 transmit the new voter identification card as acknowledgment of the
61119 transaction which may be the notice required in S ection 4-103.1 of
62120 this title. New voter identification cards provided for in this
63121 subsection shall be mailed to the physical address of the voter if
64122 such address is valid to receive mail delivery; provided, however,
65123 the voter identification card shall be transmitted to the mailing
66124 address provided by the voter on his or her voter registration
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67151 application if the mailing type or physical address meets one of the
68152 following exceptions:
69-
70153 1. The voter’s physical address of residence is not a valid
71154 address to receive mail delivery . A valid address is one that
72155 follows the correct standards and formatting of t he United States
73156 Postal Service. A valid address shall have a street name, street
74157 number, city, state, and ZIP code. An invalid address is one that
75158 has a directional address or unknown structure under standards of
76159 the United States Postal Service or is otherwise not eligible to
77160 receive mail delivery from the United States Postal Service. If the
78161 applicant’s address of residence is not a valid address for mail
79162 delivery, the voter identification card shall be transmitted to the
80163 mailing address provided by the applicant on his or her vote r
81164 registration application;
82-
83165 2. The voter cannot receive mail delivery at a physical address
84166 due to “No Mail Receptacle” according to the United States P ostal
85167 Service; or
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87168 3. The mailing of the voter identification card is the result
88169 of an action initiated by the election board which may include
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91170 notification to the voter of changes to a polling place, district
92171 lines, or precincts listed on the voter regist ration card.
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94172 C. 1. If a voter registration card is mailed to the voter ’s
95173 physical address and is returned to the e lection board by the postal
96174 service due to “No Mail Receptacle”, the voter registration card may
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97201 be resent to the mailing address provided on the voter registration
98202 application. A person whose voter identification card was returned
99203 pursuant to this subsection may appear in person to requ est and be
100204 provided the returned voter registration card at the coun ty election
101205 board by presenting proof of identity as described in subsection A
102206 of Section 7-114 of this title.
103-
104207 2. Upon determination that a voter ’s physical address of
105208 residence cannot receive mail as described in pa ragraph 1 or 2 of
106209 subsection B of this section, the secretary of the county el ection
107210 board may make a notation of such information in the election
108211 management system, and any future mailings under the voter ’s current
109212 voter registration may be mailed to the voter’s mailing address.
110-
111213 D. The Secretary of the State Election Board may pro mulgate
112214 rules to implement the requirements of this section.
113-
114215 SECTION 2. AMENDATORY 26 O.S. 2021, Section 4-120, as
115216 amended by Section 3, Chapter 293, O.S.L. 2022 (26 O.S. Supp. 2022,
116217 Section 4-120), is amended to read as follows:
117-
118218 Section 4-120. A. The registration of any registered voter
119219 shall be canceled only for one of the followin g reasons:
120-
121220 1. Written notice from the voter pursuant to Section 4-120.1 of
122221 this title;
222+2. Death;
223+3. Conviction of a felony;
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124-2. Death;
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126-3. Conviction of a felony;
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127249
128250 4. Judicial determination of mental incapacitation under Title
129251 30 of the Oklahoma Statutes;
130-
131252 5. Registration in another county or state;
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135253 6. Failure to respond to a confirmation of address mailing and
136254 failure to vote as prescribed in Section 4-120.2 of this title; or
137-
138255 7. The surrendering of the voter’s Oklahoma driver license to
139256 the Department of Public Safety Service Oklahoma upon being issued a
140257 driver license in another state; or
141-
142258 8. Being excused from jury duty for not being a citizen of the
143259 United States.
144-
145260 B. For purposes of this section, paragraphs 5 and 7 of
146261 subsection A of this section shall constitute confirmation from the
147262 voter to cancel his or her voter registration due to a change of
148263 residence.
149-
150264 C. A list of voter registrations that were canceled during the
151265 previous twenty-four (24) months, and the reason for the
152266 cancellation, shall be made available to the public.
153-
154267 SECTION 3. AMENDATORY 26 O.S. 2021, Section 4 -120.1, is
155268 amended to read as follows:
156-
157269 Section 4-120.1. A. A registered voter may h ave his or her
158270 name removed from the voter registration database by executing a
159271 written notice for same to the Secretary of the Stat e Election Board
160272 or any county election board . Such written notice shall be
161273 personally signed by the voter and either shall be notarized or
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162300 shall be witnessed by t wo persons whose names and addresses shall be
163301 included on the notice.
164-
165302 B. Any voter who voluntarily cancels his or her voter
166303 registration as provided in this section shall be el igible to submit
167304 a new voter registrati on application in the same county when s ixty
168305 (60) or more calendar days have passed since the submission of the
169306 request for cancella tion.
170-
171307 SECTION 4. AMENDATORY 26 O.S. 2021, Section 4 -120.5, is
172308 amended to read as follows:
173-
174309 Section 4-120.5. A. The court clerk in each co unty shall
175310 prepare each month a li st of all persons who have been adjudge d
176311 incapacitated and hold said provide the list for to the secretary of
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179312 the county election board. The secretary shall cancel the
180313 registration of each registered voter included on said the list, and
181314 such the person shall be ineligible for registration unti l he or she
182315 has been adjudged no longer incapacitated by a court of competent
183316 jurisdiction.
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185317 B. The court clerk in each county shall prepare ea ch month a
186318 list of all persons who were excused from jury duty for not bei ng a
187319 citizen of the United States and provide the list to the secretary
188320 of the county election board. The secretary shall cancel the
189321 registration of each registered voter included o n the list, and
190322 shall report the person or persons to the district attorne y and the
191323 United States attorney for th e county.
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193350 SECTION 5. This act shall become effective November 1, 2023.
194351
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196-ENR. S. B. NO. 377 Page 6
197-Passed the Senate the 25th day of May, 2023.
198-
199-
200-
201- Presiding Officer of the Senate
202-
203-
204-Passed the House of Representatives the 25th day of May, 2023.
205-
206-
207-
208- Presiding Officer of the House
209- of Representatives
210-
211-OFFICE OF THE GOVERNOR
212-Received by the Office of the Governor this _______ _____________
213-day of _________________ __, 20_______, at _______ o'clock _______ M.
214-By: _______________________________ __
215-Approved by the Governor of the State of Oklahoma this _____ ____
216-day of _________________ __, 20_______, at _______ o'clock _______ M.
217-
218- _________________________________
219- Governor of the State of Oklahoma
220-
221-
222-OFFICE OF THE SECRETARY OF STATE
223-Received by the Office of the Secretary of State this _______ ___
224-day of __________________, 20 _______, at _______ o'clock _______ M.
225-By: _______________________________ __
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