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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 3717 By: O'Donnell of the House
and
Daniels of the Senate
COMMITTEE SUBSTITUTE
[ elections – registration card – photo - effective
date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 26 O.S. 2021, Section 7 -114, is
amended to read as follows:
Section 7-114. A. Each person appearing to vote shall announce
that person's name to the judge of the precinct and shall provide
proof of identity, whereupon the judge shall determine whether the
person's name is in the precinct registry. As used in this section,
"proof of identity" shall mean a document that satisfies all of the
following:
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1. The document shows the name of the person to whom the
document was issued, a nd the name substantially conforms to the name
in the precinct registry;
2. The document shows a photograph of the pers on to whom the
document was issued;
3. The document incl udes an expiration date, which is after the
date of the election in which the person is appearing to vote. The
provisions of this paragraph shall not apply to:
a. an identification card that is valid indefinitely, or
b. an identification card issued by a branch of the armed
services of the United Stat es to a person who is a
member of such branch or is retired therefrom; and
4. The document was issued by the United S tates, the State of
Oklahoma or the government of a federally recognized Indian tribe or
nation.
Provided, if the person presents a voter identification card
issued by the appropriate county election board, such card may serve
as proof of identity without meeting the requirements of paragraphs
2 and 3 of this subsection. Provided, however, begi nning January 1,
2026, each person appearing to vote shall present proof of ide ntity
that meets all the requirements of paragraphs 1 through 4 of this
subsection. Service Oklahoma, in consultation with the Secretary of
the State Election Board, shall develop a voter identification card
that includes a photograph of the person to whom the card is issued
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and is in compliance with the requirements of this subsection . The
voter identification card shall be provided free of charge and may
only be used for voting purposes.
B. 1. If a person declines to or is unable to produce proof of
identity, the person may sign a statement under oath, in a form
approved by the Secretar y of the State Election Board, sw earing or
affirming that the person is the person identif ied on the precinct
registry, and shall be allowed to cast a provisional ballot in a
manner consistent with the provisio ns of Section 7-116.1 of this
title.
2. A provisional ballot cast by a voter w ho declines or is
unable to produce proof of identity sha ll only be considered
verified and approved for counting if:
a. the voter's name on the affidavit substantially
conforms to the voter's name in the voter registration
database, except as provided in paragraph 3 of this
subsection,
b. the voter's residence address on the affidavit
substantially conforms to the voter's residence
address in the voter registration database, exc ept as
provided in paragraph 4 of this subsect ion,
c. the voter's date of birth matches the information in
the voter registration databa se,
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d. the voter's Oklahoma driver license number or the last
four digits of the voter's Social Security number on
the affidavit matches the information in the voter
registration database. The provi sions of this
subparagraph shall not apply if the voter w as not
required to provide a dr iver license number or the
last four digits of the vo ter's Social Security number
at the time of registration, and
e. the provisional ballot meets the eligibility
requirements set forth in Section 7-116.1 of this
title.
3. A voter casting a provisional ballot as provided in this
section who has legally changed his or her name, but has not upd ated
the name on the voter registry, may note this fact on the affidavit
and submit a form prescribed by the Secretary of the State Elec tion
Board to update his or her name. In such a case, and where the
requirements of Section 4-117 of this title are sat isfied, the
provisional ballot shall be deemed to meet the requirements of
subparagraph a of paragraph 2 of this subsection.
4. A voter casting a provisional ballot as provided in this
section who has changed his o r her address of residence, but has not
updated the address on the voter registry, may note this fact on the
affidavit and submit a form to update the address prescribed by the
Secretary of the State Election Board. In such a case, and where
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the requirements of Section 4-117 of this title are sa tisfied, the
provisional ballot shall be deeme d to meet the requirements of
subparagraph a of paragraph 2 of this subsection.
5. False swearing or affirming under oath shall be punishable
as a felony as provided in Section 16-103 of this title, and the
penalty shall be distinctly set forth on the fac e of the statement.
SECTION 2. This act shall become effective November 1 , 2024.
COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS AND BUDGET, dated
02/26/2024 - DO PASS, As Amended and Coauthored.