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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 59th Legislature (2023)
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32	32	HOUSE BILL 1902 By: Fugate
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38	38	AS INTRODUCED
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40	40	An Act relating to elections; amending 26 O.S. 2021,
41	41	Section 7-116.1, which relates to provisional
42	42	ballots; authorizing absentee voter to cast certain
43	43	provisional ballot; providing e xceptions; providing
44	44	for codification; and providing an effective date.
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50	50	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
51	51	SECTION 1. AMENDATORY 26 O.S. 2021, Section 7 -116.1, is
52	52	amended to read as follows:
53	53	Section 7-116.1 A. Provisional ballots shall be available for
54	54	all elections conducted by the county election board. Provisional
55	55	ballots shall include all offices, candidates and questions and
56	56	shall be identical to th e regular ballots for each precinct. The
57	57	Secretary of the State Election Board shall promulgate rules and
58	58	shall prescribe materials necessary for the implementation of
59	59	provisional ballots.
60	60	B. Persons who are not listed in the precinct registry, but who
61	61	claim to be registered voters in the precinct and eligible to vote
62	62	in the election, shall be entitled to vote a provisional ballot upon
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89	89	execution of an affidavit prescribed by the Secretary of the State
90	90	Election Board. Registered voters required to show id entification,
91	91	as described in Section 7-114, 14-115.4 or 14-121 of this title and
92	92	who are unable to show one of the acceptable forms of identification
93	93	described in such sections, shall be entitled to cast a provisional
94	94	ballot. Persons identified in Sectio n 14-121 of this title shall be
95	95	entitled to vote a provisional ballot upon execution of an affidavit
96	96	prescribed by the Secretary of the State Election Board. Persons
97	97	who are listed in the precinct registry for a partisan primary
98	98	election, but who dispute the political affiliation indicated by
99	99	such precinct registry, shall be entitled to vote a provisional
100	100	ballot for a party other than the one indicated. However, such
101	101	provisional ballot shall be counted only if evidence is found by the
102	102	secretary of the cou nty election board of the voter's valid voter
103	103	registration in the party for which the provisional ballot was cast.
104	104	Persons described in Section 2 of this act shall be entitled to cast
105	105	a provisional ballot.
106	106	C. Provisional ballots shall be segregated from the regular
107	107	ballots cast in the precinct in t he manner prescribed by the
108	108	Secretary of the State Election Board and shall not be inserted in
109	109	the precinct voting device. Information provided by a person who
110	110	votes a provisional ballot shall be investigated b y the secretary of
111	111	the county election board after the election. A provisional ballot
112	112	shall be counted only if it is cast in the precinct of the voter 's
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139	139	residence and if evidence of the provisional voter 's valid voter
140	140	registration, or of the voter 's identity, is found, except a
141	141	provisional ballot ca st by a voter identified in Section 14 -121 of
142	142	this title shall be counted.
143	143	D. No information concerning provisional ballots, except the
144	144	number of provisional ballots cast in the county, shall be made
145	145	public by any election official prior to 1:00 p.m. on F riday
146	146	following the election. The county sheriff shall secure sealed
147	147	ballot transfer cases containing provisional ballots that have been
148	148	counted after 1:00 p.m. on Friday following the election until 5:00
149	149	p.m. on Tuesday next succeeding the election or, i n the event a
150	150	recount contest is filed, until such times as the transfer cases
151	151	are delivered to the district courtroom.
152	152	E. In the event that the secretary of any county election board
153	153	is unable to complete the investigation and verification of
154	154	provisional ballots by 1:00 p.m. on Friday following the election,
155	155	the Secretary of the State Election Board shall be authorized to
156	156	extend the period for the investigation and verification of
157	157	provisional ballots. When su ch an extension is required by any
158	158	county for a statewide election, the extension shall apply
159	159	statewide. The Secretary shall promulgate rules establishing
160	160	procedures for requesting and granting such extensions.
161	161	F. All materials used for procuring and cas ting a provisional
162	162	ballot shall be retained b y the secretary of the county election
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189	189	board for a period of twenty -four (24) months after the day of the
190	190	election.`
191	191	SECTION 2. NEW LAW A new section of law to be codified
192	192	in the Oklahoma Statutes as Section 14-134.1 of Title 26, un less
193	193	there is created a duplication in numbering, reads as follows:
194	194	An absentee voter may cast a n in-person provisional ballot
195	195	pursuant to Section 7 -116.1 of Title 26 of the Oklahoma Statutes on
196	196	election day at the polling place for the precinct to which t he
197	197	voter is assigned or at an in-person absentee voting site in the
198	198	county where the voter is registered to vote during the in -person
199	199	absentee voting period if:
200	200	1. The ballot of the absentee voter has not been received by
201	201	the county election board by elec tion day; provided, the provisional
202	202	ballot shall only be counted if the secretary of the county e lection
203	203	board confirms that the absentee ballot was not rec eived by the
204	204	statutory deadline; or
205	205	2. The absentee voter received a notice of rejection on or
206	206	before election day; provided, the provisional ballot shall only be
207	207	counted if the secretary of the county election board confirms that
208	208	the absentee ballot was rejected.
209	209	SECTION 3. This act shall be come effective November 1, 2023.
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211	211	59-1-5497 LRB 12/05/22

Oklahoma 2024 Regular Session

Oklahoma House Bill HB1902 Compare Versions