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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
HOUSE BILL 3511 By: Johns
AS INTRODUCED
An Act relating to elections; amending 26 O.S. 2021,
Sections 12-108, 12-109 and 14-118, which relate to
special elections; modifying timelines for certain
elections; adding special runoff prim ary for certain
elections; adding reference to runo ff primary;
removing exception; clarifying the application of
certain deadlines; and providing an effective date.
BE IT ENACTED BY THE PEO PLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 26 O.S. 2021, Section 12 -108, is
amended to read as follows:
Section 12-108. A. Such proclamation shall contain the
following facts:
1. A filing period of three (3) days, on a Monday, Tuesday and
Wednesday not less than ten (10) days from the date of such
proclamation;
2. The date of the Special Primary Election, not less than
twenty (20) thirty (30) days after the close of the filing period;
and
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3. The date of the Special Ru noff Primary Election, not less
than twenty (20) days after the date of the Special Primary
Election;
4. The date of the Special General Election, not less than
twenty (20) days after the date of the Special Runoff Primary
Election; and
5. a. In the event a Special Primary Election is not
necessary, the Special General Election shall be moved
to the date of the Special Primary Election.
b. In the event a Special Primary Election is held, but a
Special Runoff Primary Election is not necessary, the
Special General Election shall be m oved to the date of
the Special Runoff Primary Election .
B. The election dates contained in the proclamation shall be
limited to the election dates provided in Section 3 -101 of this
title.
C. Should such a vacancy occur in an ev en-numbered year, when a
special election is r equired, the proclamation must contain dates
that are the same as are required by law for the regular filing
period, Primary Election, Runoff Primary Election and General
Election, if practicable.
SECTION 2. AMENDATORY 26 O.S. 2021, Section 12-109, is
amended to read as follows:
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Section 12-109. Said elections shall be conducted under the
laws applicable to regular Primary , Runoff Primary, and General
Elections, except that the candidat e receiving the highest number of
votes in said Primary Election shall be deemed the nominee of his
political party, provided that the dates of the elections do not
coincide with the dates for the regular Primary, Runoff Primary and
General Elections. If the nominee of a political party is unopposed
in the Special Election, he shall be issued a certificate of
election after the expiration of the contest perio d following the
Primary or Runoff Primary Election, if no contest is file d, and.
Unless otherwise provided by law, the candidate elected to the
office shall immediately assume the duties of said office upon the
certification of the election by the State El ection Board.
SECTION 3. AMENDATORY 26 O.S. 2021, Section 14 -118, is
amended to read as follows:
Section 14-118. A. 1. When an application for an absentee
ballot from a uniformed-service voter or an overseas voter pursuant
to Section 14-142 of this title is received by the secretary of a
county election board, it shall be t he duty of the secretary to
transmit by United States mail, by facsimile device as defined in
Section 1862 of Title 21 of the Oklahoma Statutes, or as provided in
subsection B of this section the ballots which the elector has
requested and is entitled to r eceive.
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2. When an application f or an absentee ballot is received at
least forty-five (45) days before an a regular election involving
state offices or a regular or special election involving federal
offices, the absentee ballot shall be transmitted by ma il, by
electronic mail, or by oth er means of electronic communication, as
provided in this section, or by facsimile device as provided in
Section 14-118.1 of this title, not less than forty -five (45) days
preceding the election.
3. When an application for an absentee ballot for an a regular
election involving state offices or a regular or special election
involving federal offices is received less than forty -five (45) days
preceding the election, the absentee ballot shall be transmitted by
mail, by electronic mail, or by other means of electronic
communication, as provided in this section, or by facsimile device
as provided in Section 14 -118.1 of this title, within forty -eight
(48) hours of receipt of the application.
4. When an application for an absentee ballot is received for a
special election involving state offices, the absentee ballot shall
be transmitted by mail, by electronic mail, or by other means of
electronic communication, as provided in this section, or by
facsimile device as provided in Sect ion 14-118.1 of this title, as
soon as practicable preceding the date of the election.
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B. The secretary of the county election board may transmit
balloting materials for any state or federal election, or for any
other election as designated by the Secret ary of the State Election
Board as provided in subsection D of this section, by electronic
mail or by other means of electronic communication in a form and
manner prescribed by the Secretary of the State Election Board, if
the voter:
1. Is a Federal Post Card Application registrant and is
eligible to receive an absentee ballot as provided by law;
2. Provides an electronic mail address; and
3. Requests that balloting materials be sent by electronic
mail.
If the secretary of the county election board trans mits a ballot
to a voter by electronic mail or by other means of electronic
communication as provided in this subsection, the secretary shall
amend the voter's federal postcard application for future elections
to include the voter 's electronic mail address .
C. An electronic mail address provided under this section is
confidential and does no t constitute public information for purposes
of the Oklahoma Open Records Act. The secretary of the county
election board shall ensure that an electronic mail address provided
under this section is excluded from disclosure.
D. The Secretary of the State Election Board shall determine if
balloting materials for any election other than a state or federal
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election may be produced in a form which would allow them to be
transmitted by electronic mail or b y other means of electronic
communication. If so, the S ecretary shall so designate them. If
such designation is not made, the balloting materials may be
transmitted to the voter as provided in subsection A of this
section.
E. All other provisions of this title that would normally apply
to a ballot voted under this title apply to a ballot provided
pursuant to the provisions of subsection B of this section.
F. The Secretary of the State Election Board may suspend the
provisions of subsection B of this sec tion if the Secretary
determines that electronic transmi ssion of balloting materials is
not in the best interest of the people of this state due to a
potential problem with the security of the balloting materials.
SECTION 4. This act shall become effecti ve November 1, 2024.
59-2-8739 LRB 12/28/23