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ENGROSSED HOUSE
BILL NO. 2504 By: Lepak and McDugle of the
House
and
Bergstrom of the Senate
An Act relating to elections; prohibiting
implementation of federal election guidance without
legislative approval; providing for notice
requirement; providing for method of notice;
providing exception; providing penalty; defining
term; requiring new federal funds be approved by
Legislature; requiring publishing of f unds possessed
by the State Election Board; providing penalty;
providing for codification; providing an effective
date; and declaring an emergen cy.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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:
A. The Secretary of the State Election Board or the secretary
of a county election board shall not implement any new official
directive or guidance issued by a federal agency without prior
approval of the State Legislature. Provided, if the Legislature is
not in session when such a directive or guidance i s received, it may
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be implemented upon the written approval of the Speaker of the
Oklahoma House of Representatives an d the President Pro Tempore of
the Oklahoma State Senate.
B. 1. The Secretary of the State Election Board, or the
secretary of a county e lection board, or the director of any agency
of this state, shall provide written notice to the Governor, the
Speaker of the Oklahoma House of Representatives, the President Pro
Tempore of the Oklahoma State Senate, and the Attorney General of
the following:
a. any new official directive or guidance pertaining to
the administration of electio ns or voter registration .
This shall apply to new directives or guidance from
the United States Department of J ustice or any other
federal executive agency that is provided directly to
the Secretary of the State Election Board, or the
secretary of a count y election board, or the dire ctor
of any agency of this state. The written notice sha ll
be provided within ten (10) business days from the
date it is received.
b. if the Secretary of the State Election Board, or the
secretary of a county election board, i ntends to
implement any new federal election directive or
guidance due to an order by a cour t of appropriate
jurisdiction, the secretary shall provide written
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notice to the Governor, the Speaker of the Oklahoma
House of Representatives, the President Pro T empore of
the Oklahoma State Senate, and the Attorney General.
Such notice shall include a d escription of the legal
basis for the implementation.
2. Nothing in this subsection shall be construed to require the
Secretary of the State Elect ion Board or the secretary of a county
election board to provide notice about threat or intelligence
information that is marked classified , confidential, sensitive or
otherwise restricted, or if providing such a notice wo uld be a
violation of federal or state law.
C. The Secretary of the State Electi on Board, or the secretary
of a county election board, shall provide written notice to the
Governor, the Speaker of th e Oklahoma House of Representatives, the
President Pro Tempore of the Oklahoma State Senate, and the Attorney
General of any litigation fi led against the State Election Board or
a county election board, or of any official threat o f litigation, by
the United States Department of Justice or any other federal
executive agency pertaining to state election laws duly e nacted by
the Legislature within ten (10) business days from the date a
complaint is received .
D. A willful and intentio nal violation of the requirements of
this section shall be deemed a misdemeanor as provided in Section
16-114 of Title 26 of the Oklaho ma Statutes.
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SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as S ection 3-402 of Title 26, unless there
is created a duplication in numbering, reads as follo ws:
A. 1. As used in this section, "new f ederal election funds"
means any federal grant, appropriation by the United States
Congress, or other federal funds that are eligible to be received by
the Secretary of the State Election Board or the secretary of a
county election board on or after the ef fective date of this act.
2. Provided, "new federal election funds " shall not mean
funding or grants provided under the Help America Vote Act , other
federal funding or grants are authorized to be accepted by state
law, or any Cybersecurity or Physical Se curity subgrants provided by
the Oklahoma Department of Emergency Management and Homeland
Security.
B. Except as provided in paragraph 2 of subsection A of this
section, all new federal election funds must be approv ed by the
State Legislature before they may be accepted or used by the
Secretary of the State Election Board or the secretary of a county
election board. Provide d, if the Legislature is not in session when
new federal election funds become available, new federal e lection
funds may be accepted up on the written approval of the Speaker of
the Oklahoma House of Representatives, the President Pro Tempore of
the Oklahoma State Senate, the chair of the Senate Appropriations
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Committee, and the chair of the House of Represe ntatives
Appropriations and Budg et Committee.
C. No later than December 31, 2023, and each year thereafter,
the Secretary of the State Election Board sh all publish on the State
Election Board’s website the balance of all federal funds possessed
by the State Election Board and a descript ion of the source of tho se
funds. Provided, in the event that December 31 of any year falls on
a weekend or an official s tate holiday, such information shall be
published no later than the next business day.
D. A willful and intentional violation of the r equirements of
this section shall be deemed a misdemeanor as provided in Section
16-114 of Title 26 of the Oklahoma Statu tes.
SECTION 3. This act shall become effective July 1, 2023.
SECTION 4. It being immediately necessa ry for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereo f this act shall take effect and
be in full force from and after its passage and approval.
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Passed the House of Representatives the 21st day of March, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2023.
Presiding Officer of the Senate