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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 700 By: Rader
AS INTRODUCED
An Act relating to elections; amending 26 O.S. 2021,
Sections 5-111, 5-119, 7-122, 14-101.1, as last
amended by Section 4, Chapter 2 91, O.S.L. 2022, 16-
105, and 16-123 (26 O.S. Supp. 2022, Section 14-
101.1), which relate to declarations of candidacy,
contest, spoiled ballots, absentee ballot harvestin g,
and fraud; adding information to be in cluded on
declaration of candidacy form; increasing time period
for filing of certain petition; clarifying procedure
for spoiled ballots; adding in tent requirement to
certain offense; authorizing certain complaints to
county election boards; clarifying req uirement for
certain notification; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 26 O.S . 2021, Section 5-111, is
amended to read as follows:
Section 5-111. A. Forms to be used for filing Declarations of
Candidacy shall be prescribed by the Secretary of the State Election
Board and shall contain the following information:
1. The name of the candidate as it shall a ppear on the ballot;
2. The legal name of the candidate;
3. The candidate’s place of residence and mailing address;
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4. The name of the office sought;
5. The candidate’s date of birth;
6. The party affiliation of the candidate seeking political
party nomination and the date the candidate regist ered as a voter of
the political party, if availabl e;
7. The voter identification number of the candidate and the
precinct and county wherein the candidate is a registere d voter;
8. An oath wherein the candidate swears or affirms that he or
she is qualified to become a candidate for the office sought, an d
that, if elected, the candidate will be qua lified to hold the
office; and
9. Any additional information which the Sec retary deems
necessary.
B. If the candidate has ever been ultimately determined by a
court of proper authority to be guilty of an offen se specified in
subsection A of Section 5 -105a of this title or at the time of
filing the Declaration of Candidacy is na med in an outstanding
warrant for arrest for such an offense, in this or any other st ate,
the candidate shall provide the following info rmation on a form
prescribed by the Secretary of the State Election Board:
1. The name of the offense;
2. The date of conviction or issuance of the outstanding
warrant; and
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3. The county and state of co nviction or issuance of the
outstanding warrant.
The provisions of this subsection shall not app ly to an offense
for which the candidate has re ceived a pardon.
C. A Declaration of Candidacy form must be signed by the
candidate, and the signature must be p roperly notarized by a notary
public or other perso n authorized by law to administer oaths.
D. In addition to the information required by this section, a
candidate may include a telephone number, email address and website
address. Such additional informa tion shall not be required of any
candidate but if provided shall be made available to the publi c.
SECTION 2. AMENDATORY 26 O.S. 2021, Section 5 -119, is
amended to read as follows:
Section 5-119. The petition must be filed no lat er than 5:00
p.m. on the second fourth business day following the close of the
filing period.
SECTION 3. AMENDATORY 26 O.S. 2021, Section 7 -122, is
amended to read as follows:
Section 7-122. Should a voter spoil any ballot in an effort to
vote the same, the voter shall fold the ballot and return it to the
clerk. The clerk shall destroy the ballot in the presence of the
voter and shall issue the voter another ballot in the same manner
that the first one was provided. The voter mu st execute an
affidavit prescribed by the Secretary of the State Election Board in
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which the voter swears or affirms that he or she spoiled the
original ballot, returned the ballot to the clerk, that the clerk
destroyed the ballot in the voter’s presence and that the voter was
issued a new ballot. Spoiled ballots shall be placed in a separate
receptacle and returned to the county election b oard.
SECTION 4. AMENDATORY 26 O.S. 2021, Section 14-101.1, as
last amended by Section 4, Chapter 291, O.S.L. 2022 (26 O.S. Supp.
2022, Section 14-101.1), is amended to read as follows:
Section 14-101.1. A. For the purposes of this section,
“absentee ballot harvesting” means knowingly:
1. Collecting or obtaining an absent ee ballot from another
person with the intent to submit, transmit or retu rn the ballot to
election officials on behalf of that person;
2. Submitting, returning or t ransmitting an absentee ballot to
election officials on behalf of another person;
3. Collecting or obtaining an absentee ballot from another
person under a false p retense or promise of t ransmitting, returning
or submitting it to election officials on beha lf of that person;
4. Requesting or receiving an abse ntee ballot on behalf of
another person;
5. Distributing an absentee ballot application or request to a
voter using the official le tterhead of a candidate or elected
official;
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6. Partially or fully co mpleting an application for an absentee
ballot on behalf of another person without that person’s prior
consent; or
7. Notarizing or witnessing more absentee ballot s than allowed
by law.
B. Absentee ballot harvesting shall be unlawful at any election
conducted by a county election board, the State Election Board or
any political subdivision of this state; provided, the following
shall not be deemed to be ballot harv esting:
1. A voter’s assistant or agent acting pursuant to law as
otherwise allowed by this title;
2. An absentee voting board member, as described in this title,
who assists a voter confined to a nursin g home or veterans center
pursuant to law;
3. An employee of the Federal Voting Assistance Program, the
United States Department of Defense or the Oklahoma National Guard
who assists a uniformed-services voter in returning or transmitting
an absentee ballot;
4. A spouse, relative in the first or second degree of
consanguinity or affinity or cohabitant of a voter who forwards an
absentee ballot to the voter when absent from the home;
5. A voter’s spouse who, with the voter ’s consent, returns the
voter’s absentee ballot by mail; or
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6. An official action by an election official that is required
or authorized by law.
SECTION 5. AMENDATORY 26 O.S. 2021, Section 16 -105, is
amended to read as follows:
Section 16-105. A. Any person who knowingly conspires to
commit fraud or perpetrates fraud, or who steals sup plies used to
conduct an election, in order to change a voter ’s vote, or to change
the composition of the official ballot or ballots , or to change the
counting of the ballots, or to change the certification of the
results of an election, shall be deemed gu ilty of a felony.
B. At every precinct there shall be posted information,
provided by the State Election Board, which states the pe nalties for
voter fraud and states that, if vot er fraud is suspected, complaints
should be reported to the State Election Bo ard or county election
board.
C. The State Election Board or county election board shall,
upon receiving the complaint:
1. Document such complaint and request the name and maili ng
address of the person making the complaint;
2. Send a letter to the perso n making the complaint, stating
the penalties for voter fraud and the option of contacting the
district attorney in the county where such fraud is suspected; and
3. Provide the district attorney’s name and phone number.
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D. All information relating to vot er complaints shall remain
confidential until after the complaint has resulted in a conviction
or a plea of guilty or nolo contender e.
SECTION 6. AMENDATORY 26 O.S. 2021, Section 16 -123, is
amended to read as follows:
Section 16-123. A. The Secretary of the State Election Board
or any county election board who has documents that appear to be
evidence of voter registration or voting crimes any criminal
violation described in this title shall notify the district attorney
for the county or counties involved.
B. When presented with documentation of possible voter
registration or voting crim es by the Secretary of the State Election
Board or any county electio n board, a district attorney shall
investigate and, within thirty (30) days and each thirty (30) days
thereafter following receipt of such documentation, report in
writing to the Secretar y of the State Election Board or county
election board the status of the investigation until charges are
filed or the district attorney declines to file charges.
SECTION 7. This act shall become effective November 1, 2023.
59-1-373 TEK 1/18/2023 1:24:53 PM