| 40 | | - | [ elections - notary public – restrictions - |
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| 41 | | - | exception - log of notarized absentee ballot |
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| 42 | | - | affidavits – penalties - effective date ] |
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| 43 | + | COMMITTEE SUBSTITUTE |
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| 44 | + | |
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| 45 | + | An Act relating to elections; amending 26 O.S. 2021, |
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| 46 | + | Section 14-108.1, which relates to notary public |
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| 47 | + | restrictions; modifying exception; requiring |
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| 48 | + | submission of log of notarized absentee ballot |
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| 49 | + | affidavits; requiring log to be public record; |
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| 50 | + | providing for penalties; and providing an effective |
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| 51 | + | date. |
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| 52 | + | |
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| 43 | 53 | | |
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| 44 | 54 | | |
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| 45 | 55 | | |
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| 46 | 56 | | |
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| 47 | 57 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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| 48 | 58 | | SECTION 1. AMENDATORY 26 O.S. 2021, Section 14 -108.1, is |
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| 49 | 59 | | amended to read as follows: |
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| 50 | 60 | | Section 14-108.1 A. Neither a notary public nor an a gent |
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| 51 | 61 | | working on behalf of a notary publi c shall be authorized to: |
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| 52 | 62 | | 1. Request absentee ballots on behalf of a voter other than |
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| 53 | 63 | | himself or herself; |
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| 54 | 64 | | 2. Assist a voter in requesting absentee ba llots, other than |
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| 55 | 65 | | for himself or herself or a member of his or he r household; |
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| 85 | 96 | | 4. Submit a completed absentee ballot on b ehalf of a voter |
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| 86 | 97 | | other than for himself or herself. |
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| 87 | 98 | | B. 1. A notary public shall maintain a log of all a bsentee |
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| 88 | 99 | | ballot affidavits that he or she notarizes for a period of at least |
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| 89 | 100 | | two (2) years after the date of the electio n. The log shall includ e |
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| 90 | 101 | | the name and address of the voter and the date, time, and location |
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| 91 | 102 | | of the notarization. |
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| 92 | 103 | | 2. a. A notary public who is authorized to notarize more |
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| 93 | 104 | | than twenty absentee ballot affidavits at a single |
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| 94 | 105 | | election, as provided in paragraph 2 of subsection C |
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| 95 | 106 | | of this section, shall submit a copy of the log to the |
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| 96 | 107 | | secretary of the county electio n board who granted the |
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| 97 | 108 | | written permission. The copy of the log must be |
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| 98 | 109 | | received by the secretary of the county election board |
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| 99 | 110 | | no later than the close of business on the firs t |
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| 100 | 111 | | business day following the date of the election . |
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| 101 | 112 | | b. The log shall be a public rec ord and shall be |
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| 102 | 113 | | maintained by the secretary of the county election |
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| 103 | 114 | | board pursuant to Section 3 -126 of this title. |
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| 104 | 115 | | c. A notary public who fails to submit the log as |
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| 105 | 116 | | required by this section, or who notarizes more than |
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| 135 | 147 | | eight (8) years by the Secreta ry of State. If the |
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| 136 | 148 | | notary public willfully and intentionall y violates the |
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| 137 | 149 | | provisions of this section, then that notary public |
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| 138 | 150 | | shall be guilty of a misdemeanor and subject to a fine |
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| 139 | 151 | | of up to Five Hundred Dollars ( $500.00). |
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| 140 | 152 | | C. 1. A notary public s hall be authorized to notarize a |
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| 141 | 153 | | maximum of twenty absentee ballot affida vits for a single election, |
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| 142 | 154 | | except as provided in paragraphs 2 and 3 of this subsection. |
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| 143 | 155 | | 2. A notary public may be authorized to notarize more than |
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| 144 | 156 | | twenty absentee ballot affidavits at a single election with the |
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| 145 | 157 | | written approval of the secretary of the co unty election board. |
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| 146 | 158 | | Such approval shall apply for affidavits no tarized within the county |
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| 147 | 159 | | served by the county election board secretary. |
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| 148 | 160 | | 3. The limitation required by this subsection shall not apply |
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| 149 | 161 | | to the notarizing of absentee ballot affidavits at the place of |
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| 150 | 162 | | business of a notary public that is open to the general public |
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| 151 | 163 | | during the normal business hours of the notary public. |
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| 152 | 164 | | D. 1. If more than ten abs entee ballots for a single election |
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| 153 | 165 | | are requested to be mailed to a single mailing address, the |
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| 154 | 166 | | secretary of the coun ty election board shall immediately notify the |
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| 185 | 198 | | shall investigate any possible criminal violati on of the law related |
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| 186 | 199 | | to the absentee ballot requests. |
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| 187 | 200 | | 3. Provided, this notification req uirement shall not apply to |
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| 188 | 201 | | requests for absentee ballots to be sent to the addresses of nursing |
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| 189 | 202 | | homes, veterans cent ers, medical facilities, multiunit housing, |
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| 190 | 203 | | installations of the Armed Forces of the United States where |
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| 191 | 204 | | uniformed or overseas voters, as d efined by the Uniformed and |
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| 192 | 205 | | Overseas Citizens Absentee Voting Act, are stationed or other |
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| 193 | 206 | | locations authorized in wri ting by the Secretary of the State |
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| 194 | 207 | | Election Board. |
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| 195 | 208 | | E. The provisions of this section shall only apply to an |
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| 196 | 209 | | election conducted by a county election board, the State Election |
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| 197 | 210 | | Board or a political subdivision of this state. |
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| 198 | 211 | | SECTION 2. This act shall become effective November 1, 2023. |
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