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ENGROSSED HOUSE
BILL NO. 3717 By: O'Donnell and Crosswhite
Hader of the House
and
Daniels of the Senate
[ 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 requirements:
1. The document shows the name of the person to whom the
document was issued, and the name substantially c onforms to the name
in the precinct registry;
2. The document shows a photograph of the person to whom the
document was issued;
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3. The document includes an expiration date, which is after the
date of the election i n 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 States to a person who is a
member of such branch or is retired therefrom; and
4. The document was issued by the United States, the State of
Oklahoma or the government of a federally recognized Indian tribe or
nation.
5. Provided, for any election conducted prior to January 1,
2026, if the person presents a voter id entification 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.
6. Provided, for any election co nducted after January 1, 2026,
each person appearing to vote as described in this subsection shall
present proof of identity that meets the requirements of paragraphs
1 through 4 of this subsection.
B. 1. No later than January 1, 2026, Service Oklahoma s hall
develop and make available a photo identification card that meets
the requirements of subsection A of this section to serve as a proof
of identity for voters.
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2. The photo identification card described in this subsection
shall be provided free of cha rge by Service Oklahoma to any
registered voter who presents a voter registration card described in
Section 4-113 or another document showing proof of voter
registration. The voter shall affirm that he or she is a registered
voter and does not possess a d ocument that meets the requirements of
paragraphs 1 through 4 of subsection A of this section.
3. The Chief Executive Officer of Service Oklahoma shall
consult with the Secretary of the State Election Board to develop
the photo identification card.
C. The requirements for proof of identity des cribed in
subsection A of this section shall apply to each voter appearing to
vote at an in-person absentee voting site.
B. D. 1. If a person declines to or is unable to produce proof
of identity, the person may si gn a statement under oath, in a form
approved by the Secretary of the State Election Board, swearing or
affirming that the person is the person identified on the precinct
registry, and shall be allowed to cast a provisional ballot in a
manner consistent wi th the provisions of Section 7 -116.1 of this
title.
2. A provisional ballot cast by a voter who declines or is
unable to produce proof of identity shall only be considered
verified and approved for counting if:
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a. the voter's name on the affidavit substan tially
conforms to the voter's name in t he 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 registratio n database, except as
provided in paragraph 4 of this subsection,
c. the voter's date of birth matches the information in
the voter registration database,
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 provisions of this
subparagraph shall not apply if the voter was not
required to provide a driver license number or the
last four digits of the voter'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 updated
the name on the voter registry, may note this fact on the affidavit
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and submit a form prescribed by the Secretary of the State Election
Board to update his or her name. In such a case, and where the
requirements of Section 4 -117 of this title are satisfied, 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 or 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
the requirements of Section 4 -117 of this title are satisfied, the
provisional ballot shall be deemed 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 face of the statement.
E. The Secretary of the State Election Board may promulgate
rules or procedures to implement the requirements of this section.
SECTION 2. This act shall become effective November 1 , 2024.
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Passed the House of Representatives the 7th day of March, 2024.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2024.
Presiding Officer of the Senate