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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2504 By: Lepak of the House
and
Bergstrom of the Senate
AS INTRODUCED
An Act relating to elections; creating the Federal
Election Communications Transparency Act of 2023 ;
stating purpose; defining term; provi ding for notice
requirement; providing for meth od of notice;
providing penalty; creating the Unlawful
Federalization of Elections Act of 2023 ; stating
purpose; defining term; providing for notice
requirement; prohibiting implementation of federal
election guidance without legislative approval;
providing penalty; creating the State Oversight of
Election Funding Act of 2023 ; stating purpose;
defining term; providing for notice requirement;
prohibiting acceptance or disbursement of federal
election funds without legislative approval;
providing penalty; providing for codification; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKL AHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-401 of Title 26, unless there
is created a duplication in numbering, reads as follows:
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A. Section 1 of this act shall be known and may be cited as the
"Federal Election Communications Transparency Act of 2023 ".
B. The purpose of this section is to ensure that the Governor
and State Legislature are made aware of all communications made or
provided to state agencies or entities responsible for overseeing
elections, by the United States Department of Justice or any other
federal executive branch agency, related to elections or voting, to
enable the state to respond as needed to ensure state agencies are
not being unduly coerced by the f ederal executive branch to
potentially violate state law, especially l aws related to times,
places, and manner of elections, responsibility for which the
Constitution gives to the state legislatures.
C. As used in this section, "communication" means any o fficial
federal directive or guidance directly provided by telephonic or
electronic means, through the mail, or through in -person contact,
pertaining to elections including the times, places, and manner for
carrying out elections in this state to the Secre tary of the State
Election Board or the secretary of a county election board that is
received on or after the date this act is sig ned into law. This
includes, but is not li mited to, any official guidance issued by the
Department of Justice or employee the reof, or any other federal
executive agency or employee thereof related to new or existing
voting or election laws or procedures.
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D. The Secretary of the State Election Board, the secretary of
a county election board, or any state agency, whether that age ncy is
involved in the administration of elections or not, that receives an
official communication from the United States D epartment of Justice
or any other federal executive branch agency related to new or
existing voting or election laws shall provide no tice to the
Governor, the Speaker of the Oklahoma House of Representatives , and
the President Pro Tempore of the Oklahoma State Senate within ten
(10) business days o f receiving the communication.
E. The notice requirement provided in subsection D of this
section shall be presumed to have been met based on the post -marked
date on the letters se nt to the Governor, Speaker of the Oklahoma
House of Representatives, and the Speaker Pro Tempore of the
Oklahoma State Senate through certified mail, outlining the
communication received or sent.
F. A willful and intentional violation of the requirements of
this section shall be deemed a misdemeanor as provided in Section
16-114 of Title 26 of the Oklahoma Statutes .
SECTION 2. NEW LAW A new s ection of law to be codified
in the Oklahoma Statutes as Section 3-402 of Title 26, unless there
is created a duplicati on in numbering, reads as follows:
A. Section 2 of this act shall be known and may be cited as the
"Unlawful Federalization of Elections Act of 2023".
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B. The purpose of this section is to ensure that all new
federal election guidance has been properly r eviewed by the State
Legislature before it is carried out to ensure it is lawful and to
provide the state with an opportunity to challenge the guidance in
court to protect state elections .
C. As used in this section, "new federal election guidance"
means any official federal directive or guidance pertaining to
elections including the times, places, and manner for carrying out
elections that is directly provided to the Secretary of the State
Election Board or the secretary of a county election board that is
received on or after the date this act is signed into law. This
includes, but is not limited to, any guidance issued by the United
States Department of Justice or any other federal executive agency
related to new or exist ing voting or election laws or procedures.
D. If the Secretary of the State Election Board or the
secretary of the county election board intends to implement any new
federal election guidance contrary to existing state law , he or she
must provide notice to the Governor, Speaker of the Oklahoma House
of Representatives and the President Pro Tempore of the Oklahoma
State Senate of his or her intent to do so at least thirty (30) days
before implementing the guidance.
E. The Secretary of the State Election Board or the secretary
of the county election board shall not implement any federal
directive or guidance contrary to state law without an explicit
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state or federal legal re quirement to do so, including an order by a
court of proper jurisdiction, or prior approval of the State
Legislature.
F. A willful and intentional violation of the requirements of
this section shall be deemed a misdemeanor as provided in Section
16-114 of Title 26 of the Oklahoma Statutes.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-403 of Title 26, unless there
is created a duplication in numbering, reads as follows:
A. Section 3 of this act shall be known and may be cited as the
"State Oversight of Election Funding Act of 2023".
B. The purpose of this section is to ensure that all election
funding is approved by the State Legislature before it is accepted
or disbursed to ensure it is allocated fairly and in a manner that
will promote the State Legislature's goal of facilitating free and
fair elections.
C. As used in this section, "new federal election funds" means
any federal funds received by the Secretary of the State Election
Board or the secretary of the county election board on or after the
effective date of this act. Nothing in this section shall be
construed to pertain to fund ing provided under the Help America Vote
Act or any other federal funding that is authorized to be a ccepted
by state law or already possesses an explicit state or federal legal
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requirement related to its acceptance and disbursement as of the
effective date of this act.
D. If the Secretary of the State Election Board or the
secretary of the county election board intends to accept or disburse
new federal election funds , he or she must provide notice to the
Speaker of the Oklahoma House of Representatives and the President
Pro Tempore of the Oklahoma State Senate of his or her intent to do
so at least thirty (30) days before accepting the funds.
E. All new federal election fu nds must be approved by the State
Legislature before they may be accepted or disbursed by the
Secretary of the State Election Board or the secretary of the county
election board unless explicitly required by state or federal law.
F. A willful and intentional violation of the requirements of
this section shall be deemed a misdemeanor as provide d in Section
16-114 of Title 26 of the Oklahoma Statutes .
SECTION 4. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON ELECTIONS AND ETHICS, dated
02/22/2023 - DO PASS, As Coauthored.