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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2782 By: Munson
AS INTRODUCED
An Act relating to elections; amending 26 O.S. 2021,
Section 14-105, as amended by Section s 1, Chapter
292, O.S.L. 2022, 14-110.1, as amended by Section 2,
Chapter 292, O.S.L. 2022 and 14-115, as amended by
Section 1, Chapter 305, O.S.L. 2022 (26 O.S. Supp.
2022, Sections 14-105, 14-110.1 and 14-115), which
relate to absentee ballot applications; modifying
methods of application; modif ying procedures for
application; providing for period of validity;
providing for cancellation under certain
circumstances; providing exception; providing for
validity of absentee ballot application for certain
period; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKL AHOMA:
SECTION 1. AMENDATORY 26 O.S. 2021, Section 14 -105, as
amended by Section 1, Chapter 292, O.S.L. 2022 (26 O.S. Supp. 2022,
Section 14-105), is amended to read as follows:
Section 14-105. A. Any registered voter may apply for an
absentee ballot in person at the county election board, by United
States mail, by facsimile device as defined in Sec tion 1862 of Title
21 of the Oklahoma Statutes o r by a means of electronic
communication designated by the Secretary of the State Election
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Board. The Secretary of the State Election Board shall prescribe a
form to be used for the application, although any application
setting forth substantially the sam e facts shall be valid.
B. 1. A registered voter applying for an absentee ballot by
means of electronic communication shall provide his or her name,
birth date, an identification number, and other information as may
be prescribed by the Secretary of the S tate Election Board. The
name, birth date, and identification number provided on the
application must match the name, birth date, and identification
number in the voter registration record in order to apply for an
absentee ballot pursuant to this subsection .
2. If the voter does not recal l which identificatio n number he
or she included in the voter registration record, the voter may
provide multiple identification numbers, at least one of which must
match the identification number in the voter registration record if
such record included an identification numbe r. If the name, birth
date, or any identification number provided does not match the voter
registration record, the voter shall be informed of the failure to
match the voter registration rec ord and shall be provided
information and instruction to contact the county election board.
3. If the voter registration record on file with the county
election board does not contain a birth date or identification
number, the voter shall not be eligible to apply for an absentee
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ballot by means of electronic communicat ion but may apply for an
absentee ballot pursuant to subsection C of this section.
4. Identifying information such as birth date and
identification number shall not be modified online in an existing
voter registration except as provided in Section 4-109.4 of this
title.
5. No later than January 1, 2023, a registered voter applying
for an absentee ballot pursuant to this subsection who meets the
criteria provided in Section 7-115.1 of this title shall be required
to confirm his or her address prior to submitting an application for
absentee ballot by means of electronic communi cation.
C. 1. A registered voter applying for an absentee ballot in
person, by United States mail, or by facsimile device shall provide
his or her name, birth date, an identification number, and other
information as may be prescribed by the Secretary of the S tate
Election Board. The name, birth date, and identification number
provided on the application must match the name, birth date, and
identification number in the voter registration record.
2. If the voter does not recall which identification number he
or she included in the voter registration record, the voter may
provide multiple identification numbers, at least one of which must
match the identification number in the voter registration record if
such record included an identification number. If the voter
registration record does not contain a birth date or an
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identification number, the absentee ballot application shall be
accepted without a match of a birth date or an identification
number.
D. For purposes of this section, "identification number" means
a number submitted on the regist ration application p ursuant to
paragraph 3 of subsection A of Section 4-112 of this title.
SECTION 2. AMENDATORY 26 O.S. 2021, Section 14 -110.1, as
amended by Section 2, Chapter 292, O.S.L. 2022 (26 O.S. Supp. 2022,
Section 14-110.1), is amended to read as follows:
Section 14-110.1 A. A registered voter who swears or af firms
that the voter is physically unable to vote in person at the
precinct on the day of the election because the voter is:
1. Physically incapacitated; or
2. Charged with the care of another person who is physically
incapacitated and who cannot be left unattended;
may apply for an absentee ballot. Such applications may be made by
United States mail, by facsimile d evice as defined by Section 18 62
of Title 21 of the Oklahoma Statutes or by a means of electronic
communication designated by the Secretary o f the State Election
Board or may be made in person at the office of the county elect ion
board by an agent of the v oter. Such an agent shall be a person of
the voter's choosing who is at least sixteen (16) years of age and
who is not employed by or relate d within the third d egree of
consanguinity or affinity to any person whose name appea rs on the
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ballot. No person may be the agent for more than one voter at any
election. The Secretary of the State Election Board shall pres cribe
a form to be used for the application, although any application
setting forth substantially the same facts sha ll be valid.
Requirements for matching of name, birth date, and identification
number established pursuant to Section 14 -105 of this title shall
apply to applications for absentee ballots under this section.
B. Any voter eligible for an absentee ballot a s described in
subsection A of this section may indicate on an application for
absentee ballots that the application is for ballots for a single
election date, for all elections in which the voter is el igible to
vote in a calendar year or for all future el ections in which the
voter is eligible to vote. Once approved by the secretary of the
county election board, such application shall be considered valid
and shall be fulfilled unless or until the voter cancels the
application, or a ballot mailed to the add ress provided on the
application is returned undelivered to the county election board.
However, if a voter has applied for absentee ballots for all future
elections, but does not return a completed abs entee ballot for any
election in a twenty -four-month period after the application i s
approved, the application shall be canceled.
SECTION 3. AMENDATORY 26 O.S. 2021, Section 14 -115, as
last amended by Section 1, Chapter 305, O.S.L. 2022 (26 O.S. Supp.
2022, Section 14-115), is amended to read as follows:
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Section 14-115. A. If the secretary of a county election board
receives a request from an incapacitated elector confined to a
nursing facility, as defined in S ection 1-1902 of Title 63 of the
Oklahoma Statutes, or a State Veterans Home established pursuant to
Title 72 of the Oklahoma Statutes within the county of the
jurisdiction of the secretary, the secretary shall cause to be
implemented the following procedures:
1. On any day following the deadline to request an absentee
ballot as provided in Section 14-103 of this title, but prior to the
date of the election, the absentee voting board shall deliver to
each registered voter who is confined to a nursing faci lity, as
defined in Section 1-1902 of Title 63 of the Oklahoma Statutes, o r a
State Veterans Home established pursuant to Title 72 of the Oklahoma
Statutes and who requested ballots for an incapacitated voter the
ballots and materials as may be necessary to vo te same.
2. The voter must mark the ballots in the manner hereinbefor e
provided in the presence of the absentee voting board, but in such a
manner as to make it impossible for any person other than the voter
to ascertain how the ballots are marked. Insof ar as is possible,
the voting procedure shall be the same as if the vo ter were casting
a vote in person at a precinct.
3. The voter shall then seal the ballots in the plain opaque
envelope and shall seal the p lain opaque envelope in the envelope
bearing an affidavit. The voter must complete the affidavit, and
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the signature of the voter on same must be witnessed by both members
of the absentee voting board.
4. The envelope bearing an affidavit then must be sea led in the
return envelope, which shall be ret urned by the absentee voting
board to the secretary of the county elec tion board on the same day
the affidavit was executed.
5. Ballots cast in such manner shall be counted in the same
manner as regular mail a bsentee ballots.
B. The voter may request the assistance of the absentee voting
board members to mark a ballot, com plete the affidavit or seal t he
envelopes as described in this section.
C. 1. An administrator or employee of a nursing facility or
State Veterans Home who attempts to coerce or influence the vote of
a person residing in or confined to that facility shall be deemed to
be in violation of Section 16-109 of this title.
2. An administrator or employee of a nursing facility or State
Veterans Home who prevents or attempts to prevent a person residin g
in or confined to that facility from voting pu rsuant to this section
shall be deemed to be in vio lation of Section 16-113 of this title.
D. Any voter eligible for an absentee ballot as described in
subsection A of this section may indicate on an application for
absentee ballots that the application is for ballots for a single
election date, for all elections in which the voter is eligible to
vote in a calendar year or for all future elections in which the
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voter is eligible to vote. Once approved by the secretar y of the
county election board, such application shall be considered valid
and shall be fulfilled as outlined in this section or Section 14 -114
of this title unless or u ntil the voter cancels the appli cation or
moves to a different nursing home or veterans center. However, if a
voter has applied for absentee ballots for all future elections, but
does not return a completed absentee ballot for any election in a
twenty-four-month period after the applica tion is approved, the
application shall be canceled.
SECTION 4. This act shall become effect ive November 1, 2023.
59-1-7011 LRB 12/13/22