Oklahoma 2024 Regular Session

Oklahoma House Bill HB2052 Compare Versions

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Version 2 (New)

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1		-	An Act
2		-	ENROLLED HOUSE
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	3	+	ENGR. S. A. TO ENGR. H. B. NO. 2052 Page 1 1
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	28	+	ENGROSSED SENATE AMENDMENT
	29	+	TO
	30	+	ENGROSSED HOUSE
3	31		BILL NO. 2052 By: Roberts, Wolfley, Hilbert,
4		-	Lawson, Olsen, West (Josh),
5		-	and Maynard of the House
	32	+	and Lawson of the House
6	33
7	34		and
8	35
9		-	Bergstrom, Hamilton, Jett,
10		-	Bullard, Standridge, Woods,
11		-	Gollihare, and Stewart of
12		-	the Senate
	36	+	Bergstrom of the Senate
13	37
14	38
15	39
16	40
17	41
	42	+	[ elections - multistate voter list maintenance
	43	+	organizations – penalties – litigation - annual
	44	+	publishing of information - effective date ]
18	45
19		-	An Act relating to elections; amen ding 26 O.S. 2021,
	46	+
	47	+
	48	+
	49	+	AUTHOR: Add the following House Coauthors: Olsen and West (Josh)
	50	+
	51	+	AUTHOR: Add the following Senate Coauthors: Hamilton, Jett,
	52	+	Bullard, Standridge, Woods, and Golli hare
	53	+
	54	+
	55	+	AMENDMENT NO. 1. Page 1, strike the stricken title, enacting clause
	56	+	and entire bill and insert
	57	+
	58	+
	59	+	“An Act relating to elections; amending 26 O.S. 2021,
20	60		Sections 4-121, as amended by Section 20, Chapter
21	61		282, O.S.L. 2022, and 7 -103.2, as amended by Section
22	62		6, Chapter 293, O.S.L. 2022 (26 O.S. Supp. 2022,
23	63		Sections 4-121 and 7-103.2), which relate to
24	64		multistate voter list maintenance organizations and
25	65		registered voter lists; authorizing expenditure o f
26	66		funds for certain purpose; modifying authority to
27	67		join certain organizations; requiring certain
28		-	certification; prohibiting license ~~dat a~~ from non-
	68	+	certification; prohibiting license date from non -
29	69		citizens; establishing requirements for membership in
30	70		certain organizations; authorizing use of certain
31	71		data by Secretary of the State Election Board;
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32	98		requiring withdrawal as member of organization under
33	99		certain circumstances; authorizing civil action for
34	100		certain violations; requiring annual publication of
35	101		certain information; authorizing Secretary of the
36	102		State Election Board to enter into certain
37	103		agreements; modifying requirements for sharing of
38	104		certain lists; requiring certain information be made
39	105		available to the public free of charge; and providing
40	106		an effective date.
41	107
42	108
43	109
44		-
45		-	SUBJECT: Elections
46		-	ENR. H. B. NO. 2052 Page 2
47	110		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
48		-
49	111		SECTION 1. AMENDATORY 26 O.S. 2021, Section 4-121, as
50	112		amended by Section 20, Chapter 282, O.S.L. 2022 (26 O.S. Supp. 2022,
51	113		Section 4-121), is amended to read as follows:
52		-
53		-	Section 4-121. A. The Secretary of the State Election Board
54		-	may join the State of Oklahoma as a member in one or more multistate
	114	+	Section 4-121 A. The Secretary of the State Election Board may
	115	+	join the State of Oklahoma as a member in one or more multistate
55	116		voter list maintenance organizations including, but not limited to ,
56	117		the Electronic Registration Information Center (ERIC) o r its
57	118		successor. The Secretary is authorized to expend funds as available
58	119		for membership fees, dues and other expenses related to such
59	120		membership or to an agreement as described in subsection H of t his
60	121		section. Prior to the State of Oklahoma joining a multistate voter
61	122		list maintenance orga nization, the organization shal l certify in
62	123		writing to the Secretary of the State Election Board that membership
63	124		in the organization meets the requirem ents of this section.
64		-
65	125		B. Upon membership in an organization as provided in subsection
66	126		A of this section, the Secretary of the Sta te Election Board may
67	127		provide voter registration data to the organization and Service
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68	154		Oklahoma may provide motor vehicle license dat a to the organization
69	155		if such data is required to be provided as a condition of
70	156		membership. The voter registration data and motor vehicle license
71	157		data described in this subsection may include a person’s name,
72	158		address, date of birth, driver license or stat e identification
73	159		number, last four digits of a Social Security number or any other
74	160		data required by the organization. Motor vehicle license data shall
75	161		not be provided for persons who are identified as not being citi zens
76	162		of the United States. The transmission and storage of such data
77	163		shall be done in a secure manner.
78		-
79	164		C. If a The Secretary of the State Election Board shall not
80	165		join a multistate voter list maintenance organiz ation of which this
81	166		state is a member identifies Oklahoma residents who are citizens of
82	167		the United States eligible to vote but not yet registered, the
83	168		Secretary of the State Election Board may notify such citizens about
84	169		the procedure for becoming a registered voter in thi s state. The
85	170		Secretary may delegate the contacting of such citizens to the
86	171		secretary of the appropriate county election board if any of the
87	172		following requirements are a condition of membership in the
88	173		organization:
89		-
90	174		1. A notification is required to be sent to person s who are
91		-	eligible to vote but not yet registered to vote; ENR. H. B. NO. 2052 Page 3
92		-
	175	+	eligible to vote but not yet registered to vote;
93	176		2. Membership in the organization includes any person or entity
94	177		other than a state or territory of the United States;
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96	204		3. The governing board of the organization includes any member
97	205		or ex officio member who is not a representative of a state or
98	206		territory of the United States; or
99		-
100	207		4. The organization provides or releases voter registration
101	208		data or motor vehicle license dat a received from this state to any
102	209		party other than a state or territory of the United States th at is a
103	210		member of the organization .
104		-
105	211		D. 1. If a multistate voter list maintenance organization of
106	212		which this state is a member provides United States Postal Service
107	213		National Change of Address data regarding registered voters who have
108	214		changed their address of residence within the state, the Secretary
109	215		of the State Election Board may use the data pursuant to the
110	216		provisions of Section 4-118.1, 4-120.2 or 7-115.1 of Title 26 of the
111	217		Oklahoma Statutes this title or the federal National Voter
112	218		Registration Act of 1993.
113		-
114	219		2. If a multistate voter list maintenanc e organization of which
115	220		this state is a member provides Social Security Administration death
116	221		records matching data regarding voters who are deceased, the
117	222		Secretary of the State Election Board may use the dat a as authorized
118	223		pursuant to Section 4-120.3 of this title.
119		-
120	224		E. If a multistate voter list maintenance organization of which
121	225		this state is a member provides or releases any voter registration
122	226		data or motor vehicle license data received from t his state to any
123	227		party other than a state or territory that is a member of the
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124	254		organization, or if the dat a from this state is used by any member
125	255		of the organization for a purpose other than voter list maintenance,
126	256		the State of Oklahoma shall immediately withdraw as a membe r of the
127	257		organization.
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129	258		F. The Oklahoma Attorn ey General shall have the authority to
130	259		bring a civil action against the multistate voter list maintenance
131	260		organization in a district court of this state for damages caused by
132	261		the sharing of the dat a of this state as described in paragraph 4 of
133	262		subsection C of this section. If the Attorney General decline s to
134	263		pursue action, the Secretary of the State Election Board , or the
135	264		President Pro Tempore of the Senate and the Speak er of the House of
136		-	Representatives jointl y, may bring such civil action. ENR. H. B. NO. 2052 Page 4
137		-
	265	+	Representatives jointl y, may bring such civil action.
138	266		G. 1. The Secretary of the State Election Board shall cause to
139	267		be published annually on the website of th e State Election Board the
140	268		following costs associated with membership in a mul tistate voter
141	269		list maintenance organiza tion:
142		-
143	270		a. annual membership dues, if any, and
144		-
145	271		b. any other costs directly attributable to the s tate’s
146	272		membership in the or ganization.
147		-
148	273		2. The Secretary of the S tate Election Board shall cause to be
149	274		published annually on the website of the State Election Boa rd the
150	275		following statistical information:
151		-
152	276		a. the number of voter registrations by county that are
153	277		canceled on the basis of information received from the
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154	304		multistate voter list maintenance organizatio n, and
155	305		the reason for the cancellation , and
156		-
157	306		b. such other statistical information deemed appropriate
158	307		by the Secretary of the State Election Board.
159		-
160	308		H. The Secretary of the State Election Board may enter into an
161	309		agreement with the chief state election official of one or more
162		-	states or territories of the United Sta tes to share or ~~cross -check~~
	310	+	states or territories of the United Sta tes to share or crosscheck
163	311		voter registration data in a manner consistent with the requirements
164	312		for membership in a multistate voter list maintenance organization
165	313		described in this section.
166		-
167	314		SECTION 2. AMENDATORY 26 O.S. 2021, Section 7-103.2, as
168	315		amended by Section 6, Chapter 293, O.S.L. 2022 (26 O.S. Supp. 2022,
169	316		Section 7-103.2), is amended to read as follows:
170		-
171	317		Section 7-103.2 A. 1. County election boards shall maintain a
172	318		current list of all registered vote rs in each precinct, wh ich will
173	319		reflect the address and party affiliation of each voter. The list
174	320		shall be public information; provided, the.
175		-
176	321		2. The list shall only be shared with a court system if that
177	322		court system agrees to regularly provide the names of persons
178	323		convicted of a felony in that court system to the Secretary of the
179	324		State Election Board and the appropriate secretary of a county
180	325		election board, or if the court system is required by state law to
181		-	provide such informat ion. ENR. H. B. NO. 2052 Page 5
	326	+	provide such informat ion.
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183	353		3. The publicly available voter list shall note any voter for
184	354		whom a first-class mailing from the county election board or the
185	355		State Election Board was returned undeliverable.
186		-
187	356		B. The Secretary of the State Election Board shall ensure that
188	357		an electronic copy of the voter registration list described in
189	358		subsection A of this section is made available to the public free of
190	359		charge.
191		-
192		-	SECTION 3. This act shall become effective November 1, 2023.
193		-
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195		-	ENR. H. B. NO. 2052 Page 6
196		-	Passed the House of Representatives the 15th day of May, 2023.
197		-
198		-
199		-
200		-	Presiding Officer of the House
201		-	of Representatives
202		-
	360	+	SECTION 3. This act shall become effective November 1, 2023.”
203	361
204	362		Passed the Senate the 25th day of April, 2023.
205	363
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208	366		Presiding Officer of the Senate
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211		-	OFFICE OF THE GOVERNOR
212		-	Received by the Office of the Governor this ____________________
213		-	day of ___________________, 20_______, at _______ o'clock _______ M.
214		-	By: _________________________________
215		-	Approved by the Governor of the State of Oklahoma this _____ ____
216		-	day of ___________________, 20_______, at _______ o'clock _______ M.
	369	+	Passed the House of Representatives the ____ day of _____ _____,
	370	+	2023.
217	371
218	372
219		-	_________________________________
220		-	Governor of the State of Oklahoma
221	373
222		-	OFFICE OF THE SECRETARY OF STATE
223		-	Received by the Office of the Secretary of State this __________
224		-	day of ___________________, 20_______, at _______ o'clock _______ M.
225		-	By: _________________________________
	374	+	Presiding Officer of the House
	375	+	of Representatives
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	402	+	ENGROSSED HOUSE
	403	+	BILL NO. 2052 By: Roberts, Wolfley, Hilbert,
	404	+	and Lawson of the House
	405	+
	406	+	and
	407	+
	408	+	Bergstrom of the Senate
	409	+
	410	+
	411	+
	412	+
	413	+
	414	+	[ elections - multistate voter list maintenance
	415	+	organizations – penalties – litigation - annual
	416	+	publishing of information - effective date ]
	417	+
	418	+
	419	+
	420	+
	421	+	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
	422	+	SECTION 4. AMENDATORY 26 O.S. 2021, Section 4 -121, as
	423	+	amended by Section 20, Chapter 282, O.S.L. 2022 (26 O.S. Supp. 2022,
	424	+	Section 4-121), is amended to read as f ollows:
	425	+	Section 4-121. A. The Secretary of the State Election Board
	426	+	may join the State of Oklahoma as a member in one or more multistate
	427	+	voter list maintenance organizations including, but not limited to ,
	428	+	the Electronic Registration Information Center (E RIC) or its
	429	+	successor. The Secretary is authorized to expend funds as available
	430	+	for membership fees, dues and other expenses related to such
	431	+	membership. Prior to the State of Oklahoma joining a multistate
	432	+	voter list maintenance orga nization, the organiza tion shall certify
	433	+	in writing to the Secretary of the State Election Board that
	434	+
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	460	+	membership in the organization meets the requirem ents of this
	461	+	section.
	462	+	B. Upon membership in an organization as provided in subsection
	463	+	A of this section, the Secretary of the State Election Board may
	464	+	provide voter registration data to the organization and Service
	465	+	Oklahoma may provide motor vehicle license data to the organization
	466	+	if such data is required to be provided as a condition of
	467	+	membership. The voter registration data and motor vehicle license
	468	+	data described in this subsection may include a person's name,
	469	+	address, date of birth, driver license or state id entification
	470	+	number, last four digits of a Social Security number or any other
	471	+	data required by the organization. Service Oklahoma shall not
	472	+	provide motor vehicle lic ense data for persons who are identified as
	473	+	not being citizens of the United States or wh ose citizenship status
	474	+	is unknown. The transmission and storage of such data shall be done
	475	+	in a secure manner.
	476	+	C. 1. If a multistate voter list maintenance organiz ation of
	477	+	which this state is a member identifi es Oklahoma residents who are
	478	+	citizens of the United States eligible to vote but not yet
	479	+	registered, the Secretary of th e State Election Board may notify
	480	+	such citizens about the procedure for obtaining a voter registration
	481	+	application and becoming a registered voter in thi s state. The
	482	+	notification shall not include a voter registration application.
	483	+
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	509	+	2. The multistate voter list maintenance o rganization shall
	510	+	certify that, to the best of its knowledge, all pers ons it
	511	+	identifies as eligible to vote but not yet registered ar e citizens
	512	+	of the United States.
	513	+	3. The Secretary may de legate the contacting of such citizens
	514	+	to the secretary of the appropriate county election board.
	515	+	D. If a multistate voter list maintenance organization of which
	516	+	this state is a member provides United States Postal Service
	517	+	National Change of Address data regarding registered voters who have
	518	+	changed their address of residence within the state, the Secretary
	519	+	of the State Election Board may use the data pursuant to the
	520	+	provisions of Section 4-118.1, 4-120.2 or 7-115.1 of Title 26 of the
	521	+	Oklahoma Statutes this title or the federal National Voter
	522	+	Registration Act.
	523	+	E. It shall be unlawful for a multistate voter list maintenance
	524	+	organization of which thi s state is a member to provide or release
	525	+	any voter registration data or motor vehicle license data received
	526	+	from the State of Oklahoma to any other party. Provided, this shall
	527	+	not prohibit the organization from providing relevant matching
	528	+	information to a member state regarding duplicate registrations,
	529	+	deaths, or changes of residency involving persons identified in the
	530	+	data provided by the State of Oklahoma . Any verified evidence that
	531	+	indicates that any voter registration data or motor vehicle license
	532	+	data for Oklahoma is being used for purpos es unrelated to voter roll
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	559	+	maintenance or is being used for or is being released to any third
	560	+	party, except as provided in this subsection , shall result in
	561	+	Oklahoma's immediate withdrawal from the multistate voter list
	562	+	maintenance organization. Verified ev idence may include Oklahoma
	563	+	Open Records Act documents reviewed during investigation by the
	564	+	Legislature or the Secretary of the State Election Board that
	565	+	indicates that such activity is occurring.
	566	+	F. The Oklahoma Attorney General shall have the authority to
	567	+	pursue litigation in a district court of this state for damages
	568	+	caused by the unlawful sharing of Oklahoma's data as provided in
	569	+	subsection E of this se ction against the multistate voter list
	570	+	maintenance organization if the data of the state is shared in
	571	+	violation of this section. Should the Attorney General decline to
	572	+	pursue action, the Secretary of the State Election Board or the
	573	+	Legislature by a major ity vote may initiate an action to hire
	574	+	outside counsel to sue the multistate voter list maintenance
	575	+	organization if Oklahoma's data is shared in violation of this
	576	+	section.
	577	+	G. On an annual basis, the Secretary of the State Election
	578	+	Board shall cause to be published on the website of the State
	579	+	Election Board the following costs associated with membership in a
	580	+	multistate voter list maintenance or ganization:
	581	+	1. Annual membership dues, if any;
	582	+
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	608	+	2. Mailings sent to persons identified in subsection C of this
	609	+	section, if any;
	610	+	3. Information technology utilized for the transfer or receipt
	611	+	of data as described in this s ection; and
	612	+	4. Any other costs d irectly attributable to the s tate's
	613	+	membership in the organization.
	614	+	H. On an annual basis, the Secretary of the S tate Election
	615	+	Board shall cause to be published on the website of the State
	616	+	Election Board the following stat istical information:
	617	+	1. The number of voter registrations by county that are
	618	+	canceled on the basis of information received from the multistate
	619	+	voter list maintenance organization, and the reason for the
	620	+	cancellation;
	621	+	2. The number of registered voters by county required to
	622	+	receive an address confirmation mailing on the basis of information
	623	+	received from the multistate voter list maintenance organiz ation;
	624	+	3. The number of mailings by county for persons identified in
	625	+	subsection C of this section; and
	626	+	4. Such other statistical information deemed appropriate by the
	627	+	Secretary of the State Election Board.
	628	+	SECTION 5. AMENDATORY 26 O.S. 2021, Section 7-103.2, as
	629	+	last amended by Section 6, Chapter 293, O.S.L. 2022 (26 O.S. Supp.
	630	+	2022, Section 7-103.2), is amended to rea d as follows:
	631	+
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	657	+	Section 7-103.2 A. 1. County election boards shall maintain a
	658	+	current list of all registered vote rs in each precinct, which will
	659	+	reflect the address and party affiliation of each voter . The list
	660	+	shall be public information; provided, the.
	661	+	2. The list shall only be shared with a court system if that
	662	+	court system agrees to regularly provide the names of persons
	663	+	convicted of a felony in that court system to the Secretary of the
	664	+	State Election Board and the appropriate secretary of a county
	665	+	election board, or if the court system is required by state law to
	666	+	do so.
	667	+	3. The publicly available voter list shall note any voter for
	668	+	whom a first-class mailing from the county election board or the
	669	+	State Election Board was returned undeliverable.
	670	+	B. The Secretary of the State Election Board shall ensure that
	671	+	an electronic copy of the voter registration informatio n eligible to
	672	+	be released publicly pursuant to the Oklahoma Open Records Act is
	673	+	available to the public free of charge.
	674	+	SECTION 6. This act shall become effectiv e November 1, 2023.
	675	+
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	702	+	Passed the House of Representatives the 6th day of March, 2023.
	703	+
	704	+
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	706	+
	707	+	Presiding Officer of the House
	708	+	of Representatives
	709	+
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	711	+
	712	+	Passed the Senate the ___ day of __________, 2023.
	713	+
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	716	+
	717	+	Presiding Officer of the Senate
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