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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 90 By: Kirt
AS INTRODUCED
An Act relating to voter registration; amending
Section 26 O.S. 2021, Sec tion 4-109.4, as amended by
Section 16, Chapter 28 2, O.S.L. 2022 (26 O.S. Supp.
2022, Section 4-109.4), which relates to electronic
submission of voter registration appli cation;
requiring establishment of certain website by
specified date; and provi ding an effective date .
BE IT ENACTED BY THE PEOPLE OF THE ST ATE OF OKLAHOMA:
SECTION 1. AMENDATORY 26 O.S. 2021, Section 4 -109.4, as
amended by Section 16, Chapter 282, O.S.L. 2022 (26 O.S. Supp. 2022,
Section 4-109.4), is amended to read as follows:
Section 4-109.4. A. A person may submit a voter registration
application electronically as provided in this section if such
person:
1. Has a current and val id Oklahoma driver license or
identification card issued by Service Oklahoma pursuant to the
provisions of Section 6-101 et seq. of Title 47 of the Oklahoma
Statutes;
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2. Is registering to vote at the address shown on the d river
license or identification card; and
3. Is a qualified elector and entitled to become a reg istered
voter as provided by law.
B. The Secretary of the State Election Board, subject to
available funding, shall establish a secure website to permit
persons described in subsection A of this section to submit voter
registration applications electronic ally by December 31, 2023. The
website must permit suc h persons to submit an application to
register to vote or to update an existing registration . The
Secretary may employ sec urity measures he or she deems necessary to
ensure the accuracy and integrity of voter registratio n applications
submitted electronic ally and may establish an initial date on which
voter registration applications may be submitted electronically
after establishment of the website.
C. 1. The applicant must attest to the truth of the
information provided on the application by affirmative ly accepting
the information as true and correct. Any person who submits false
information on an electronic voter registr ation application shall be
deemed guilty of a felony as described in Sections 16-103 and 16-
103.1 of this title.
2. The applicant must consent to the comparison of the
information entered into an electronic voter registration
application to the informati on contained in his or her driver
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license or identification card record and also to the use of the
signature included in the driver lic ense or identification card
record for voter registration purposes.
3. A voter registration application properly submit ted
electronically shall be processed by the State Election Board and
the appropriate county election board in the same manner as a vote r
registration application submitted on a paper form.
D. 1. When an applicant submits a voter registration
application electronically, th e Secretary shall generate an
electronic confirmation on the website that the appl ication has been
received, with instructions as to how the applicant may check the
status of the application thereafter.
2. a. The Secretary shall submi t the information ent ered
into the electronic voter registration application by
the applicant to Service Oklahoma for comparison to
the record of the applic ant’s driver license or
identification card.
b. Service Oklahoma shall respond to the submission and
shall indicate if the information sub mitted matches
the information in the ap plicant’s driver license
record.
c. If the information matches, the electronic voter
registration application ma y proceed and Service
Oklahoma shall provide the State Election Board with
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the digital image of the signature included in the
applicant’s driver license or identification card
record. If the information does not match, th e
application shall not p roceed, and the applicant shall
be notified of the failed match and may be provided
information and instruction for updating the driver
license or identification card record with Service
Oklahoma.
3. a. Following a match of records by Service Oklahoma
described in subparagr aph b of paragraph 2 of this
subsection, and if the Secretary finds that the
electronic voter registration application is in
compliance with this section and all applicable laws
relating to voter registration, the digital image of
the signature from the ap plicant’s driver license or
identification card record shall be included on the
application and the application shall be submitted and
processed as provided by law. Provided, the Secretary
of the State Election Board is authorized to designate
an alternative method of obtaining the signature of
the applicant, if necessary.
b. If the Secretary does not find that the electronic
voter registration application is in compliance with
this section and all applicable laws relating to voter
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registration, the applic ant shall be notified that the
electronic voter registration application cannot be
submitted and the reasons it cannot be submitted, and
shall provide information about other methods to
submit a voter registration application.
E. The provisions of Section 24A.5 of Title 51 of the Oklahoma
Statutes relating to confidentiality of personal informati on within
driver records as defined by the Driver’s Privacy Protection Act, 18
United States Code, Sections 2721 through 2725, shall be applicable
to information obtained by the State Election Board fr om Service
Oklahoma during the information matching pro cedure described in this
section. Provided, however, this subsection shall not apply to
information entered into the el ectronic voter registration
application by the vo ter registration applicant nor to the digital
image of the applicant ’s signature provided to the Secretary of the
State Election Board by Service Oklahoma, upon the consent of the
applicant, for use on the e lectronic voter registration application
as provided in this s ection.
F. The Secretary of the State Election Board may estab lish a
system whereby a registered voter may electronically submit a change
to his or her voter registration i nformation, including a change of
name, political party affiliation or address of r esidence within the
county in which the voter is currently regi stered to vote. An
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electronically submitted change in voter registration information
shall include:
1. Such information as the Se cretary of the State Election
Board deems necessary to confirm the identity of the voter; and
2. An oath that the voter is eligible to register to vote in
Oklahoma.
Upon receipt of a valid electronically submitted change in voter
registration, the secreta ry of the appropriate county election board
shall update the voter’s registration information in the voter
registration database and shall file a notation of such changes with
the voter’s original voter registration application.
G. The Secretary shall pro mulgate rules as may be necessary to
implement the provisions of this section.
SECTION 2. This act shall become effective November 1, 2023.
59-1-1372 TEK 12/29/2022 3:05:25 PM