Oklahoma 2024 Regular Session

Oklahoma House Bill HB1950 Compare Versions

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	30	+	April 11, 2023
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3	34		BILL NO. 1950 By: McCall and Maynard of the
4	35		House
5	36
6	37		and
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8	39		Treat of the Senate
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14	43		An Act relating to elections; amending 26 O.S. 2021,
15	44		Section 4-120.3, as last amended by Section 5,
16	45		Chapter 293, O.S.L. 2022 (26 O.S. Supp. 2022 , Section
17	46		4-120.3), which relates to voter registration of
18	47		deceased persons; requiring Secretary of State
19	48		Election Board to obtain death records from the
20	49		Social Security Administration ; authorizing Secretary
21	50		to obtain death records from other states;
22	51		prohibiting release of death records; and providing
23	52		an effective date.
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28		-	SUBJECT: Elections
29		-
30	57		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKL AHOMA:
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32	58		SECTION 1. AMENDATORY 26 O.S. 2021, Section 4-120.3, as
33	59		last amended by Section 5, Chapter 293, O.S.L. 2022 (26 O.S. Supp.
34	60		2022, Section 4-120.3), is amended to read as follows:
35		-
36	61		Section 4-120.3 A. The State Department of Health shall each
37	62		month transmit to the Secretary of the State Election Board a
38	63		certified list of all deaths of residents that have occurred within
39	64		the state for the immediately preceding month to include only the
40	65		personal identifiers needed to compare such information against the
41	66		state's voter registration database including, but not limited to,
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	68	+	SENATE FLOOR VERSION - HB1950 SFLR Page 2
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42	94		the decedent's name, date of death, and date of birth. The list
43	95		shall include the last four digits o f the decedent's Social Security
44	96		number and driver license number or state identification card number
45	97		for each decedent if such information was provided to the State
46		-	Department of Health. The Secretary of the State Election Board ~~ENR. H. B. NO. 1950 Page 2~~
	98	+	Department of Health. The Secretary of the State Election Board
47	99		shall transmit such list to the secretary of the county el ection
48	100		board who shall then use the list to ascertain those voters who are
49	101		deceased, and shall remove such deceased person's name from the
50	102		central registry and voter registration database within thirty (30)
51	103		days from the date the list was received by the c ounty election
52	104		board. Such list shall be used only for the purposes described in
53	105		this subsection. The State Election Board and county election
54	106		boards shall not release information, data, or records received from
55	107		the State Department of Health for the pur pose of identifying
56	108		deceased voters in response to an Oklahoma Open Records Act request
57	109		and shall protect the integrity of the vital records data to the
58	110		extent required of the State Department of Health by Section 1-323
59	111		of Title 63 of the Oklahoma Statutes.
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61	112		B. The registration of a deceased voter shall be canceled by
62	113		the secretary of a county election board upon the receipt of a
63	114		certified copy of a death certificate from any person or upon the
64	115		execution by the next of kin of such deceased vote r of a form and
65	116		upon the nature of proof of the fact thereof as prescribed by the
66	117		Secretary of the State Election Board. Such form must be executed
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	119	+	SENATE FLOOR VERSION - HB1950 SFLR Page 3
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67	145		in person by the deceased voter's next of kin at the county election
68	146		board office, in which case it shall b e witnessed by the secretary
69	147		or other designated employees, at the deceased voter's precinct
70	148		polling place or at the next of kin's precinct polling place in the
71	149		same county on the day of any election, in which case it shall be
72	150		witnessed by the inspector of such precinct, or the form may be
73	151		personally signed by the next of kin, such signature to be notarized
74	152		by a notary public or witnessed by two persons whose signatures and
75	153		addresses shall appear on the form, and returned to the county
76	154		election board.
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78	155		C. The administrator of a nursing facility, as defined in
79	156		Section 1-1902 of Title 63 of the Oklahoma Statutes, or the
80	157		administrator of a State Veterans Home established pursuant to Title
81	158		72 of the Oklahoma Statutes, also may execute a form prescribed by
82	159		the Secretary of the State Election Board to notify the secretary of
83	160		the county election board of the death of a nursing facility
84	161		resident who is a registered voter. The administrator's signature
85	162		on such form shall be witnessed by a member of the nursing home
86	163		absentee voting board, shall be notarized or shall be witnessed by
87	164		two persons whose signatures and addresses shall appear on the form.
88		-
89	165		D. A funeral director, as defined in Section 396.2 of Title 59
90	166		of the Oklahoma Statutes, may execute a form prescribed by the
91		-	Secretary of the State Election Board to notify the secretary of the ~~ENR. H. B. NO. 1950 Page 3~~
	167	+	Secretary of the State Election Board to notify the secretary of the
92	168		county election board of the death of a resident of the county. The
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93	196		funeral director's signature on such form either shall be notarized
94	197		or shall be witnessed by two persons whose signatures and addresses
95	198		shall appear on the form. Upon receipt of such form or any notice
96	199		setting forth substantially the same facts and witnessed or
97	200		notarized as provided in this section, the secretary of the county
98	201		election board shall be authorized to cancel the voter registration
99	202		of such deceased person.
100		-
101	203		E. The registration of a deceased voter who was a member of the
102	204		Oklahoma National Guard or the Armed Forces of the United States and
103	205		who died in the line of duty may be canceled by the secretary of a
104	206		county election board upon the receipt of notification of the
105	207		voter's death from the Oklahoma National Guard or the Armed Forces
106	208		of the United States. The Secretary of the State Election Board may
107	209		prescribe the forms of such notification to be accepted by the
108	210		county election board in order to cause the registration of the
109	211		voter to be canceled. The Secretary shall further request the
110	212		Oklahoma National Guard and the Armed Forces of the United States to
111	213		provide notifications to the county election board as provided for
112	214		in this section.
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114	215		F. 1. The Secretary of the State Election Board is authorized
115	216		to shall obtain official death records from the Social Security
116	217		Administration and from other states. The Secretary of the State
117	218		Election Board may shall compare such death records against the
118	219		state's voter registration database. Any possible match of a death
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119	247		record to a registered voter shall be transmitted to the secretary
120	248		of the county election board in the county in wh ich the voter is
121	249		registered. The secretary of the county election board shall
122	250		ascertain any voter who is deceased, and shall remove such deceased
123	251		person's name from the central registry and voter registration
124	252		database.
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126	253		2. The Secretary of the State Election Board is authorized to
127	254		obtain official death record s from other states. If such data is
128	255		obtained, the Secretar y of the State Election Board shall co mpare
129	256		such death records against the state's voter registration database.
130	257		Any possible match of a death record to a registered voter shall be
131	258		transmitted to the secretary of the county electio n board in the
132	259		county in which the voter is registered. The se cretary of the
133	260		county election board shall ascertain any voter who is deceased, and
134	261		shall remove such deceased person 's name from the central registry
135	262		and voter registration database.
136		-	ENR. H. B. NO. 1950 Page 4
137	263		3. The State Election Board and co unty election boards shall
138	264		not release the official death records described in this subsection
139	265		in response to an Oklahoma Open Records Act request, and shall
140	266		protect the integrity of the data to the extent required by federal
141	267		and state law.
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143	268		SECTION 2. This act shall become e ffective January 1, 2024.
144		-	ENR. H. B. NO. 1950 Page 5
145		-	Passed the House of Representatives the 14th day of March, 2023.
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150		-	Presiding Officer of the House
151		-	of Representatives
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155		-	Passed the Senate the 26th day of April, 2023.
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160		-	Presiding Officer of the Senate
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164		-	OFFICE OF THE GOVERNOR
165		-	Received by the Office of the Governor this ____________________
166		-	day of ___________________, 20_______, at _______ o'clock _______ M.
167		-	By: _________________________________
168		-	Approved by the Governor of the State of Oklahoma this _____ ____
169		-	day of ___________________, 20_______, at ___ ____ o'clock _______ M.
170		-
171		-
172		-	_________________________________
173		-	Governor of the State of Oklahoma
174		-
175		-	OFFICE OF THE SECRETARY OF STATE
176		-	Received by the Office of the Secretary of State this __________
177		-	day of ___________________, 20_______, at _______ o'clock ___ ____ M.
178		-	By: _________________________________
	269	+	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
	270	+	April 11, 2023 - DO PASS