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ENGROSSED HOUSE
BILL NO. 2024 By: Wolfley and O'Donnell of
the House
and
Bergstrom of the Senate
[ elections - notary public – restrictions -
exception - log of notarized absentee ballot
affidavits – penalties - effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 26 O.S. 2021, Section 14 -108.1, is
amended to read as follows:
Section 14-108.1 A. Neither a notary public nor an a gent
working on behalf of a notary publi c shall be authorized to:
1. Request absentee ballots on behalf of a voter other than
himself or herself;
2. Assist a voter in requesting absentee ba llots, other than
for himself or herself or a member of his or he r household;
3. Receive by mail an abse ntee ballot on behalf of a voter,
other than for himself or herself or a member of his or her
household; or
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4. Submit a completed absentee ballot on b ehalf of a voter
other than for himself or herself.
B. 1. A notary public shall maintain a log of all a bsentee
ballot affidavits that he or she notarizes for a period of at least
two (2) years after the date of the electio n. The log shall includ e
the name and address of the voter and the date, time, and location
of the notarization.
2. a. A notary public who is authorized to notarize more
than twenty absentee ballot affidavits at a single
election, as provided in paragraph 2 of subsection C
of this section, shall submit a copy of the log to the
secretary of the county electio n board who granted the
written permission. The copy of the log must be
received by the secretary of the county election board
no later than the close of business on the firs t
business day following the date of the election .
b. The log shall be a public rec ord and shall be
maintained by the secretary of the county election
board pursuant to Section 3 -126 of this title.
c. A notary public who fails to submit the log as
required by this section, or who notarizes more than
twenty absentee ballots without authorization pursuant
to paragraph 2 of subsection C of this section, shall
have his or her notary public appointment revoked for
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eight (8) years by the Secreta ry of State. If the
notary public willfully and intentionall y violates the
provisions of this section, then that notary public
shall be guilty of a misdemeanor and subject to a fine
of up to Five Hundred Dollars ( $500.00).
C. 1. A notary public s hall be authorized to notarize a
maximum of twenty absentee ballot affida vits for a single election,
except as provided in paragraphs 2 and 3 of this subsection.
2. A notary public may be authorized to notarize more than
twenty absentee ballot affidavits at a single election with the
written approval of the secretary of the co unty election board.
Such approval shall apply for affidavits no tarized within the county
served by the county election board secretary.
3. The limitation required by this subsection shall not apply
to the notarizing of absentee ballot affidavits at the place of
business of a notary public that is open to the general public
during the normal business hours of the notary public.
D. 1. If more than ten abs entee ballots for a single election
are requested to be mailed to a single mailing address, the
secretary of the coun ty election board shall immediately notify the
district attorney for that county and the Secretary of the State
Election Board.
2. Upon receipt of such notification, the district attorney, or
a member of law enforcement designated by the district attorney ,
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shall investigate any possible criminal violati on of the law related
to the absentee ballot requests.
3. Provided, this notification req uirement shall not apply to
requests for absentee ballots to be sent to the addresses of nursing
homes, veterans cent ers, medical facilities, multiunit housing,
installations of the Armed Forces of the United States where
uniformed or overseas voters, as d efined by the Uniformed and
Overseas Citizens Absentee Voting Act, are stationed or other
locations authorized in wri ting by the Secretary of the State
Election Board.
E. The provisions of this section shall only apply to an
election conducted by a county election board, the State Election
Board or a political subdivision of this state.
SECTION 2. This act shall become effective November 1, 2023.
Passed the House of Representatives the 8th day of March, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2023.
Presiding Officer of the Senate