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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 897 By: Dahm
AS INTRODUCED
An Act relating to absentee ballots; amending 2 6 O.S.
2021, Section 14-105, as amended by Section 1,
Chapter 292, O.S.L. 2022 (26 O.S. Supp . 2022, Section
14-105), which relates to appl ications for ballot;
requiring certain list on request form for absentee
ballot; requiring applicant for absentee ball ot to
select reason for request; and prov iding an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 26 O.S. 2021, Section 14 -105, as
amended by Section 1, Chapter 292, O.S.L. 2022 (26 O.S. Supp. 2022,
Section 14-105), is amended to read as follows:
Section 14-105. A. 1. Any registered voter may apply for an
absentee ballot in person at the county election board, by United
States mail, by facsimile device as defined in Sec tion 1862 of Title
21 of the Oklahoma Statute s or by a means of electronic
communication designated by the Secretary of the State Election
Board. The Secretary of the State Election Board shall prescribe a
form to be used for the application, although any application
setting forth substantially the same facts shall be valid.
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2. The form to be used for the application required pursuant to
this section shall contain a list of valid reasons for requesting
the absentee ballot. To receive an absentee ballot, the voter shall
select one reason for which the voter is unable to vote in person
early or on election day, described as follows:
a. absent from the jurisdiction,
b. illness or disability,
c. employment-related,
d. education-related,
e. military service,
f. religion,
g. serving as an election official,
h. seventy-five (75) years of age or older,
i. incarcerated or institutionalized,
j. serving on jury duty, or
k. participation in a confidentiality program.
B. 1. A registered voter applying for an absentee ballot by
means of electronic communication shall provide his or her name,
birth date, an identification number, and other informatio n as may
be prescribed by the Secretary of the S tate Election Board. The
name, birth date, and identification number provided on the
application must match the name, birth date, and identification
number in the voter registration record in order to apply for an
absentee ballot pursuant to this subsection .
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2. If the voter does not recall which identificatio n number he
or she included in the voter registration record, the voter may
provide multiple identification numbers, at least one of which must
match the identification number in the voter registration record if
such record included an identification numbe r. If the name, birth
date, or any identification number provided does not match the voter
registration record, the voter shall be informed of the failure to
match the voter registration rec ord and shall be provided
information and instruction to contact the county election board.
3. If the voter registration record on file with the county
election board does not contain a birth date or identification
number, the voter shall not be eligible to apply for an absentee
ballot by means of electronic communicat ion but may apply for an
absentee ballot pursuant to subsection C of this section.
4. Identifying information such as birth date and
identification number shall not be modified online in an existing
voter registration except as provided in Section 4 -109.4 of this
title.
5. No later than January 1, 2023, a registered voter applying
for an absentee ballot pursuant to this subsection who meets the
criteria provided in Section 7-115.1 of this title shall be required
to confirm his or her address prior to submitting an application for
absentee ballot by means of electronic communication.
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C. 1. A registered voter applying for an absentee ballot in
person, by United States mail, or by facsimile device shall provide
his or her name, birth date, an identification number, and other
information as may be prescribed by the Secretary of the State
Election Board. The name, birth date, and identification number
provided on the application must match the name, birth date, and
identification number in the voter registration record.
2. If the voter does not recall which identification number he
or she included in the voter registration record, the voter may
provide multiple identification numbers, at least one of which must
match the identification number in the voter registration record if
such record included an identification number. If the voter
registration record does not contain a birth date or an
identification number, the absentee ballot application shall be
accepted without a match of a birth date or an identification
number.
D. For purposes of this section, “identification number” means
a number submitted on the regist ration application pursuant to
paragraph 3 of subsection A of Section 4-112 of this title.
SECTION 2. This act shall become effective November 1, 2023.
59-1-871 TEK 1/19/2023 10:23:05 AM