Oklahoma 2024 Regular Session

Oklahoma House Bill HB3717 Compare Versions

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3		-	ENGR. H. B. NO. 3717 Page 1 1
	3	+	HB3717 HFLR Page 1
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28		-	ENGROSSED HOUSE
29		-	BILL NO. 3717 By: O'Donnell and Crosswhite
30		-	Hader of the House
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	2nd Session of the 59th Legislature (2024)
	34	+
	35	+	COMMITTEE SUBSTITUTE
	36	+	FOR
	37	+	HOUSE BILL NO. 3717 By: O'Donnell of the House
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32	39		and
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34	41		Daniels of the Senate
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	46	+
	47	+	COMMITTEE SUBSTITUTE
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40	49		[ elections – registration card – photo - effective
41	50		date ]
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46	55		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
47	56		SECTION 1. AMENDATORY 26 O.S. 2021, Section 7 -114, is
48	57		amended to read as follows:
49	58		Section 7-114. A. Each person appearing to vote shall announce
50	59		that person's name to the judge of the precinct and shall provide
51	60		proof of identity, whereupon the judge shall determine whether the
52	61		person's name is in the precinct registry. As used in this section,
53	62		"proof of identity" shall mean a document that satisfies all of the
54		-	following requirements:
55		-	1. The document shows the name of the person to whom the
56		-	document was issued, and the name substantially c onforms to the name
57		-	in the precinct registry;
58		-	2. The document shows a photograph of the person to whom the
59		-	document was issued;
	63	+	following:
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61		-	ENGR. H. B. NO. 3717 Page 2 1
	65	+	HB3717 HFLR Page 2
	66	+	BOLD FACE denotes Committee Amendments. 1
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	91	+	1. The document shows the name of the person to whom the
	92	+	document was issued, a nd the name substantially conforms to the name
	93	+	in the precinct registry;
	94	+	2. The document shows a photograph of the pers on to whom the
	95	+	document was issued;
86	96		3. The document incl udes an expiration date, which is after the
87	97		date of the election in which the person is appearing to vote. The
88	98		provisions of this paragraph shall not apply to:
89	99		a. an identification card that is valid indefinitely, or
90	100		b. an identification card issued by a branch of the armed
91	101		services of the United Stat es to a person who is a
92	102		member of such branch or is retired therefrom; and
93	103		4. The document was issued by the United S tates, the State of
94	104		Oklahoma or the government of a federally recognized Indian tribe or
95	105		nation.
96		-	5. Provided, for any election conducted prior to January 1,
97		-	2026, if the person presents a voter id entification card issued by
98		-	the appropriate county election board, such card may serve as proof
99		-	of identity without meeting the requirements of paragraphs 2 and 3
100		-	of this subsection.
101		-	6. Provided, for any election co nducted after January 1, 2026,
102		-	each person appearing to vote as described in this subsection shall
103		-	present proof of identity that meets the requirements of paragraphs
104		-	1 through 4 of this subsection.
105		-	B. 1. No later than January 1, 2026, Service Oklahoma s hall
106		-	develop and make available a photo identification card that meets
107		-	the requirements of subsection A of this section to serve as a proof
108		-	of identity for voters.
	106	+	Provided, if the person presents a voter identification card
	107	+	issued by the appropriate county election board, such card may serve
	108	+	as proof of identity without meeting the requirements of paragraphs
	109	+	2 and 3 of this subsection. Provided, however, begi nning January 1,
	110	+	2026, each person appearing to vote shall present proof of ide ntity
	111	+	that meets all the requirements of paragraphs 1 through 4 of this
	112	+	subsection. Service Oklahoma, in consultation with the Secretary of
	113	+	the State Election Board, shall develop a voter identification card
	114	+	that includes a photograph of the person to whom the card is issued
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110		-	ENGR. H. B. NO. 3717 Page 3 1
	116	+	HB3717 HFLR Page 3
	117	+	BOLD FACE denotes Committee Amendments. 1
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135		-	2. The photo identification card described in this subsection
136		-	shall be provided free of cha rge by Service Oklahoma to any
137		-	registered voter who presents a voter registration card described in
138		-	Section 4-113 or another document showing proof of voter
139		-	registration. The voter shall affirm that he or she is a registered
140		-	voter and does not possess a d ocument that meets the requirements of
141		-	paragraphs 1 through 4 of subsection A of this section.
142		-	3. The Chief Executive Officer of Service Oklahoma shall
143		-	consult with the Secretary of the State Election Board to develop
144		-	the photo identification card.
145		-	C. The requirements for proof of identity des cribed in
146		-	subsection A of this section shall apply to each voter appearing to
147		-	vote at an in-person absentee voting site.
148		-	B. D. 1. If a person declines to or is unable to produce proof
149		-	of identity, the person may si gn a statement under oath, in a form
	142	+	and is in compliance with the requirements of this subsection . The
	143	+	voter identification card shall be provided free of charge and may
	144	+	only be used for voting purposes.
	145	+	B. 1. If a person declines to or is unable to produce proof of
	146	+	identity, the person may sign a statement under oath, in a form
150	147		approved by the Secretar y of the State Election Board, sw earing or
151	148		affirming that the person is the person identif ied on the precinct
152	149		registry, and shall be allowed to cast a provisional ballot in a
153	150		manner consistent with the provisio ns of Section 7-116.1 of this
154	151		title.
155	152		2. A provisional ballot cast by a voter w ho declines or is
156	153		unable to produce proof of identity sha ll only be considered
157	154		verified and approved for counting if:
	155	+	a. the voter's name on the affidavit substantially
	156	+	conforms to the voter's name in the voter registration
	157	+	database, except as provided in paragraph 3 of this
	158	+	subsection,
	159	+	b. the voter's residence address on the affidavit
	160	+	substantially conforms to the voter's residence
	161	+	address in the voter registration database, exc ept as
	162	+	provided in paragraph 4 of this subsect ion,
	163	+	c. the voter's date of birth matches the information in
	164	+	the voter registration databa se,
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159		-	ENGR. H. B. NO. 3717 Page 4 1
	166	+	HB3717 HFLR Page 4
	167	+	BOLD FACE denotes Committee Amendments. 1
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184		-	a. the voter's name on the affidavit substan tially
185		-	conforms to the voter's name in t he voter registration
186		-	database, except as provided in paragraph 3 of this
187		-	subsection,
188		-	b. the voter's residence address on the affidavit
189		-	substantially conforms to the voter's residence
190		-	address in the voter registratio n database, except as
191		-	provided in paragraph 4 of this subsection,
192		-	c. the voter's date of birth matches the information in
193		-	the voter registration database,
194	192		d. the voter's Oklahoma driver license number or the last
195	193		four digits of the voter's Social Security number on
196	194		the affidavit matches the information in the voter
197	195		registration database. The provi sions of this
198	196		subparagraph shall not apply if the voter w as not
199	197		required to provide a dr iver license number or the
200	198		last four digits of the vo ter's Social Security number
201	199		at the time of registration, and
202	200		e. the provisional ballot meets the eligibility
203	201		requirements set forth in Section 7-116.1 of this
204	202		title.
205	203		3. A voter casting a provisional ballot as provided in this
206	204		section who has legally changed his or her name, but has not upd ated
207	205		the name on the voter registry, may note this fact on the affidavit
	206	+	and submit a form prescribed by the Secretary of the State Elec tion
	207	+	Board to update his or her name. In such a case, and where the
	208	+	requirements of Section 4-117 of this title are sat isfied, the
	209	+	provisional ballot shall be deemed to meet the requirements of
	210	+	subparagraph a of paragraph 2 of this subsection.
	211	+	4. A voter casting a provisional ballot as provided in this
	212	+	section who has changed his o r her address of residence, but has not
	213	+	updated the address on the voter registry, may note this fact on the
	214	+	affidavit and submit a form to update the address prescribed by the
	215	+	Secretary of the State Election Board. In such a case, and where
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209		-	ENGR. H. B. NO. 3717 Page 5 1
	217	+	HB3717 HFLR Page 5
	218	+	BOLD FACE denotes Committee Amendments. 1
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234		-	and submit a form prescribed by the Secretary of the State Election
235		-	Board to update his or her name. In such a case, and where the
236		-	requirements of Section 4 -117 of this title are satisfied, the
237		-	provisional ballot shall be deemed to meet the requirements of
238		-	subparagraph a of paragraph 2 of this subsection.
239		-	4. A voter casting a provisional ballot as provided in this
240		-	section who has changed his or her address of residence , but has not
241		-	updated the address on the voter registry, may note this fact on the
242		-	affidavit and submit a form to update the address prescribed by the
243		-	Secretary of the State Election Board. In such a case, and where
244	243		the requirements of Section 4-117 of this title are sa tisfied, the
245	244		provisional ballot shall be deeme d to meet the requirements of
246	245		subparagraph a of paragraph 2 of this subsection.
247	246		5. False swearing or affirming under oath shall be punishable
248	247		as a felony as provided in Section 16-103 of this title, and the
249	248		penalty shall be distinctly set forth on the fac e of the statement.
250		-	E. The Secretary of the State Election Board may promulgate
251		-	rules or procedures to implement the requirements of this section.
252	249		SECTION 2. This act shall become effective November 1 , 2024.
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279		-	Passed the House of Representatives the 7th day of March, 2024.
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284		-	Presiding Officer of the House
285		-	of Representatives
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289		-	Passed the Senate the ___ day of __________, 2024.
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294		-	Presiding Officer of the Senate
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	251	+	COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS AND BUDGET, dated
	252	+	02/26/2024 - DO PASS, As Amended and Coauthored.