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ENGROSSED SENATE AMENDMENT
TO
ENGROSSED HOUSE
BILL NO. 2052 By: Roberts, Wolfley, Hilbert,
and Lawson of the House
and
Bergstrom of the Senate
[ elections - multistate voter list maintenance
organizations – penalties – litigation - annual
publishing of information - effective date ]
AUTHOR: Add the following House Coauthors: Olsen and West (Josh)
AUTHOR: Add the following Senate Coauthors: Hamilton, Jett,
Bullard, Standridge, Woods, and Golli hare
AMENDMENT NO. 1. Page 1, strike the stricken title, enacting clause
and entire bill and insert
“An Act relating to elections; amending 26 O.S. 2021,
Sections 4-121, as amended by Section 20, Chapter
282, O.S.L. 2022, and 7 -103.2, as amended by Section
6, Chapter 293, O.S.L. 2022 (26 O.S. Supp. 2022,
Sections 4-121 and 7-103.2), which relate to
multistate voter list maintenance organizations and
registered voter lists; authorizing expenditure o f
funds for certain purpose; modifying authority to
join certain organizations; requiring certain
certification; prohibiting license date from non -
citizens; establishing requirements for membership in
certain organizations; authorizing use of certain
data by Secretary of the State Election Board;
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requiring withdrawal as member of organization under
certain circumstances; authorizing civil action for
certain violations; requiring annual publication of
certain information; authorizing Secretary of the
State Election Board to enter into certain
agreements; modifying requirements for sharing of
certain lists; requiring certain information be made
available to the public free of charge; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 26 O.S. 2021, Section 4-121, as
amended by Section 20, Chapter 282, O.S.L. 2022 (26 O.S. Supp. 2022,
Section 4-121), is amended to read as follows:
Section 4-121 A. The Secretary of the State Election Board may
join the State of Oklahoma as a member in one or more multistate
voter list maintenance organizations including, but not limited to ,
the Electronic Registration Information Center (ERIC) o r its
successor. The Secretary is authorized to expend funds as available
for membership fees, dues and other expenses related to such
membership or to an agreement as described in subsection H of t his
section. Prior to the State of Oklahoma joining a multistate voter
list maintenance orga nization, the organization shal l certify in
writing to the Secretary of the State Election Board that membership
in the organization meets the requirem ents of this section.
B. Upon membership in an organization as provided in subsection
A of this section, the Secretary of the Sta te Election Board may
provide voter registration data to the organization and Service
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Oklahoma may provide motor vehicle license dat a to the organization
if such data is required to be provided as a condition of
membership. The voter registration data and motor vehicle license
data described in this subsection may include a person’s name,
address, date of birth, driver license or stat e identification
number, last four digits of a Social Security number or any other
data required by the organization. Motor vehicle license data shall
not be provided for persons who are identified as not being citi zens
of the United States. The transmission and storage of such data
shall be done in a secure manner.
C. If a The Secretary of the State Election Board shall not
join a multistate voter list maintenance organiz ation of which this
state is a member identifies Oklahoma residents who are citizens of
the United States eligible to vote but not yet registered, the
Secretary of the State Election Board may notify such citizens about
the procedure for becoming a registered voter in thi s state. The
Secretary may delegate the contacting of such citizens to the
secretary of the appropriate county election board if any of the
following requirements are a condition of membership in the
organization:
1. A notification is required to be sent to person s who are
eligible to vote but not yet registered to vote;
2. Membership in the organization includes any person or entity
other than a state or territory of the United States;
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3. The governing board of the organization includes any member
or ex officio member who is not a representative of a state or
territory of the United States; or
4. The organization provides or releases voter registration
data or motor vehicle license dat a received from this state to any
party other than a state or territory of the United States th at is a
member of the organization .
D. 1. If a multistate voter list maintenance organization of
which this state is a member provides United States Postal Service
National Change of Address data regarding registered voters who have
changed their address of residence within the state, the Secretary
of the State Election Board may use the data pursuant to the
provisions of Section 4-118.1, 4-120.2 or 7-115.1 of Title 26 of the
Oklahoma Statutes this title or the federal National Voter
Registration Act of 1993.
2. If a multistate voter list maintenanc e organization of which
this state is a member provides Social Security Administration death
records matching data regarding voters who are deceased, the
Secretary of the State Election Board may use the dat a as authorized
pursuant to Section 4-120.3 of this title.
E. If a multistate voter list maintenance organization of which
this state is a member provides or releases any voter registration
data or motor vehicle license data received from t his state to any
party other than a state or territory that is a member of the
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organization, or if the dat a from this state is used by any member
of the organization for a purpose other than voter list maintenance,
the State of Oklahoma shall immediately withdraw as a membe r of the
organization.
F. The Oklahoma Attorn ey General shall have the authority to
bring a civil action against the multistate voter list maintenance
organization in a district court of this state for damages caused by
the sharing of the dat a of this state as described in paragraph 4 of
subsection C of this section. If the Attorney General decline s to
pursue action, the Secretary of the State Election Board , or the
President Pro Tempore of the Senate and the Speak er of the House of
Representatives jointl y, may bring such civil action.
G. 1. The Secretary of the State Election Board shall cause to
be published annually on the website of th e State Election Board the
following costs associated with membership in a mul tistate voter
list maintenance organiza tion:
a. annual membership dues, if any, and
b. any other costs directly attributable to the s tate’s
membership in the or ganization.
2. The Secretary of the S tate Election Board shall cause to be
published annually on the website of the State Election Boa rd the
following statistical information:
a. the number of voter registrations by county that are
canceled on the basis of information received from the
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multistate voter list maintenance organizatio n, and
the reason for the cancellation , and
b. such other statistical information deemed appropriate
by the Secretary of the State Election Board.
H. The Secretary of the State Election Board may enter into an
agreement with the chief state election official of one or more
states or territories of the United Sta tes to share or crosscheck
voter registration data in a manner consistent with the requirements
for membership in a multistate voter list maintenance organization
described in this section.
SECTION 2. AMENDATORY 26 O.S. 2021, Section 7-103.2, as
amended by Section 6, Chapter 293, O.S.L. 2022 (26 O.S. Supp. 2022,
Section 7-103.2), is amended to read as follows:
Section 7-103.2 A. 1. County election boards shall maintain a
current list of all registered vote rs in each precinct, wh ich will
reflect the address and party affiliation of each voter. The list
shall be public information; provided, the.
2. The list shall only be shared with a court system if that
court system agrees to regularly provide the names of persons
convicted of a felony in that court system to the Secretary of the
State Election Board and the appropriate secretary of a county
election board, or if the court system is required by state law to
provide such informat ion.
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3. The publicly available voter list shall note any voter for
whom a first-class mailing from the county election board or the
State Election Board was returned undeliverable.
B. The Secretary of the State Election Board shall ensure that
an electronic copy of the voter registration list described in
subsection A of this section is made available to the public free of
charge.
SECTION 3. This act shall become effective November 1, 2023.”
Passed the Senate the 25th day of April, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of _____ _____,
2023.
Presiding Officer of the House
of Representatives
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ENGROSSED HOUSE
BILL NO. 2052 By: Roberts, Wolfley, Hilbert,
and Lawson of the House
and
Bergstrom of the Senate
[ elections - multistate voter list maintenance
organizations – penalties – litigation - annual
publishing of information - effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 4. AMENDATORY 26 O.S. 2021, Section 4 -121, as
amended by Section 20, Chapter 282, O.S.L. 2022 (26 O.S. Supp. 2022,
Section 4-121), is amended to read as f ollows:
Section 4-121. A. The Secretary of the State Election Board
may join the State of Oklahoma as a member in one or more multistate
voter list maintenance organizations including, but not limited to ,
the Electronic Registration Information Center (E RIC) or its
successor. The Secretary is authorized to expend funds as available
for membership fees, dues and other expenses related to such
membership. Prior to the State of Oklahoma joining a multistate
voter list maintenance orga nization, the organiza tion shall certify
in writing to the Secretary of the State Election Board that
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membership in the organization meets the requirem ents of this
section.
B. Upon membership in an organization as provided in subsection
A of this section, the Secretary of the State Election Board may
provide voter registration data to the organization and Service
Oklahoma may provide motor vehicle license data to the organization
if such data is required to be provided as a condition of
membership. The voter registration data and motor vehicle license
data described in this subsection may include a person's name,
address, date of birth, driver license or state id entification
number, last four digits of a Social Security number or any other
data required by the organization. Service Oklahoma shall not
provide motor vehicle lic ense data for persons who are identified as
not being citizens of the United States or wh ose citizenship status
is unknown. The transmission and storage of such data shall be done
in a secure manner.
C. 1. If a multistate voter list maintenance organiz ation of
which this state is a member identifi es Oklahoma residents who are
citizens of the United States eligible to vote but not yet
registered, the Secretary of th e State Election Board may notify
such citizens about the procedure for obtaining a voter registration
application and becoming a registered voter in thi s state. The
notification shall not include a voter registration application.
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2. The multistate voter list maintenance o rganization shall
certify that, to the best of its knowledge, all pers ons it
identifies as eligible to vote but not yet registered ar e citizens
of the United States.
3. The Secretary may de legate the contacting of such citizens
to the secretary of the appropriate county election board.
D. If a multistate voter list maintenance organization of which
this state is a member provides United States Postal Service
National Change of Address data regarding registered voters who have
changed their address of residence within the state, the Secretary
of the State Election Board may use the data pursuant to the
provisions of Section 4-118.1, 4-120.2 or 7-115.1 of Title 26 of the
Oklahoma Statutes this title or the federal National Voter
Registration Act.
E. It shall be unlawful for a multistate voter list maintenance
organization of which thi s state is a member to provide or release
any voter registration data or motor vehicle license data received
from the State of Oklahoma to any other party. Provided, this shall
not prohibit the organization from providing relevant matching
information to a member state regarding duplicate registrations,
deaths, or changes of residency involving persons identified in the
data provided by the State of Oklahoma . Any verified evidence that
indicates that any voter registration data or motor vehicle license
data for Oklahoma is being used for purpos es unrelated to voter roll
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maintenance or is being used for or is being released to any third
party, except as provided in this subsection , shall result in
Oklahoma's immediate withdrawal from the multistate voter list
maintenance organization. Verified ev idence may include Oklahoma
Open Records Act documents reviewed during investigation by the
Legislature or the Secretary of the State Election Board that
indicates that such activity is occurring.
F. The Oklahoma Attorney General shall have the authority to
pursue litigation in a district court of this state for damages
caused by the unlawful sharing of Oklahoma's data as provided in
subsection E of this se ction against the multistate voter list
maintenance organization if the data of the state is shared in
violation of this section. Should the Attorney General decline to
pursue action, the Secretary of the State Election Board or the
Legislature by a major ity vote may initiate an action to hire
outside counsel to sue the multistate voter list maintenance
organization if Oklahoma's data is shared in violation of this
section.
G. On an annual basis, the Secretary of the State Election
Board shall cause to be published on the website of the State
Election Board the following costs associated with membership in a
multistate voter list maintenance or ganization:
1. Annual membership dues, if any;
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2. Mailings sent to persons identified in subsection C of this
section, if any;
3. Information technology utilized for the transfer or receipt
of data as described in this s ection; and
4. Any other costs d irectly attributable to the s tate's
membership in the organization.
H. On an annual basis, the Secretary of the S tate Election
Board shall cause to be published on the website of the State
Election Board the following stat istical information:
1. The number of voter registrations by county that are
canceled on the basis of information received from the multistate
voter list maintenance organization, and the reason for the
cancellation;
2. The number of registered voters by county required to
receive an address confirmation mailing on the basis of information
received from the multistate voter list maintenance organiz ation;
3. The number of mailings by county for persons identified in
subsection C of this section; and
4. Such other statistical information deemed appropriate by the
Secretary of the State Election Board.
SECTION 5. AMENDATORY 26 O.S. 2021, Section 7-103.2, as
last amended by Section 6, Chapter 293, O.S.L. 2022 (26 O.S. Supp.
2022, Section 7-103.2), is amended to rea d as follows:
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Section 7-103.2 A. 1. County election boards shall maintain a
current list of all registered vote rs in each precinct, which will
reflect the address and party affiliation of each voter . The list
shall be public information; provided, the.
2. The list shall only be shared with a court system if that
court system agrees to regularly provide the names of persons
convicted of a felony in that court system to the Secretary of the
State Election Board and the appropriate secretary of a county
election board, or if the court system is required by state law to
do so.
3. The publicly available voter list shall note any voter for
whom a first-class mailing from the county election board or the
State Election Board was returned undeliverable.
B. The Secretary of the State Election Board shall ensure that
an electronic copy of the voter registration informatio n eligible to
be released publicly pursuant to the Oklahoma Open Records Act is
available to the public free of charge.
SECTION 6. This act shall become effectiv e November 1, 2023.
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Passed the House of Representatives the 6th day of March, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2023.
Presiding Officer of the Senate