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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
HOUSE BILL 4143 By: Turner
AS INTRODUCED
An Act relating to elections; creating Charlotte's
Law; modifying voting rights of convicted felons
sentenced to incarceration; au thorizing the court to
notify certain persons of t heir loss of voting rights
for a certain period of time; authorizing the
Secretary of the State Election Board to develop
certain programs to educate certain persons about the
requirements of this act; auth orizing the Secretary
of the State Election Board to promulgate rules;
amending 26 O.S. 2021, Section 4 -120, as last amended
by Section 2, Chapter 357, O.S.L. 2023 (26 O.S. Supp.
2023, Section 4-120), which relates to voter
registration; modifying reason for cancellation of
voter registration; requiring t he Department of
Corrections to transmit certain lists to the State
Election Board; stating information to be included on
certain lists; requiring the Secretary of the State
Election Board to notify county election boards of
the cancellation of certain reg istrations; requiring
the Secretary of the State Election Board to notify
county election boards of the reinstatement of
certain persons eligible and registered to vote;
providing that certain persons not b e civilly liable
for certain actions; providing re troactive
application to certain persons eligible to vote;
granting certain authority to State Election Board
and State Board of Corrections; repealing 26 O.S.
2021, Section 4-120.4, which relates to cancel lation
of registration of convicted felons; providing for
noncodification; providing for codification; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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SECTION 1. NEW LAW A new sectio n of law not to be
codified in the Oklahoma Statute s reads as follows:
This act shall be known and may be cited as "Charlotte's Law".
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4 -101.1 of Title 26, unless
there is created a duplication in numbering, reads as follows:
A. Before accepting a plea of guilty or nolo contendere to a
felony, and before imposing sentence for such a felony after trial,
the court shall notify the defendant that convicti on will result in
loss of the right to vote only if and for as long as the person is
physically incarcerated and that voting rights are restored upon
physical release.
B. The Secretary of the State Election Board shall ensure that
persons who become eligible to vote upon their release from
incarceration face no continued barriers to registration or voting
resulting from their felony convictions.
C. The Secretary of the State Election Board shall develop and
implement a program to educate attorneys, judges, election
officials, corrections officials , including parole and probation
officers, and members of the public about the requirements of this
section and Section 4 -101 of Title 26 of the Oklahoma Statutes
ensuring that:
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1. Judges are informed of their obligation to notify criminal
defendants of the potential loss and restoration of their voting
rights, in accordance with subsection A of this section;
2. The Department of Corrections and, subject to their
agreement, federal correctional institutions in Oklahoma are
prepared to assist people with r egistering to vote in anticipation
of their release, including by forwarding their completed voter
registration forms to the county election boards;
3. The language on voter registration forms makes clear that
people are disqualified from voting while inc arcerated for felony
convictions and that they regain the right to vote when released
from incarceration;
4. The Department of Corrections and, subject to their
agreement, federal correctional i nstitutions in Oklahoma are
prepared to transmit to the Secre tary of the State Election Board
the information specified in Section 4 of this act;
5. The staff of the State Election Board and the secretaries of
county election boards are prepared both to purge and to restor e
names to the Oklahoma Election Management System in accordance with
Section 4 of this act; and
6. Accurate and complete information about the voting rights of
people who have been charged with or convicted of crimes, whether
disfranchised or not, is made available through a single publication
to government officials and the public.
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D. The Secretary of the State Election Board shall promulgate
rules as necessary to implement this section.
SECTION 3. AMENDATORY 26 O.S. 2021, Section 4-120, as
last amended by Section 2, Ch apter 357, O.S.L. 2023 (26 O.S. Supp.
2023, Section 4-120), is amended to read as follows:
Section 4-120. A. The registration of any registered voter
shall be canceled only for one of the following reasons:
1. Written notice from the voter pursuant to Section 4-120.1 of
this title;
2. Death;
3. Conviction Incarceration upon convi ction of a felony;
4. Judicial determination of mental incapacitation under Title
30 of the Oklahoma Statutes;
5. Registration in another county or state;
6. Failure to respond to a confirmation of address mailing and
failure to vote as prescribed in Section 4-120.2 of this title;
7. The surrendering of the voter's Oklahoma driver license to
Service Oklahoma upon being issued a driver license in another
state; or
8. Being excused from jury duty for not being a citizen of the
United States.
B. For purposes of this section, paragraphs 5 and 7 of
subsection A of this section shall constitute confirmation from the
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voter to cancel his or her voter registration due to a change of
residence.
C. A list of voter registrations that were canceled during the
previous twenty-four (24) months, and the reason for the
cancellation, shall be made available to the public.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4 -120.12 of Title 26, unless
there is created a duplication in numbering, reads as follows:
A. The Department of Corrections an d, subject to their
agreement, federal correctional institutions in Oklahoma shall, on
or before the fifteenth day of each month, transmit to the Secretary
of the State Election Board two lists. The first list shall contain
the following information about persons eighteen (18) years of age
or older who, during the preceding period, have become ineligible to
vote because of their incarceration upon conviction of a felony.
The second list shall contain the following information about
persons eighteen (18) years of age or older who, during the
preceding period, have become eligible to vote because of their
release from incarceration:
1. Name;
2. Date of birth;
3. Last-known address with county of residence;
4. Date of conviction;
5. Physical release date or registrat ion date; and
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6. If known, the driver license number or the last fou r digits
of the Social Security number.
B. The Secretary of the State Election Board shall cause the
voter registrations of persons who are ineligible to vote because of
their incarceration upon conviction of a felony to be canceled in
the county of the person's residence, and shall notify the secretary
of the appropriate county election board of the cancellation. The
Secretary of the State Election Board shall likewise ensure that the
names of persons who are el igible and registered to vote following
their release from incarceration are added to the Oklahoma Election
Management System in the same manner as all other names are added to
that list, in accordance with Section 4 -114 of Title 26 of the
Oklahoma Statutes.
C. The Secretary of the State Election Board, secretaries of
county election boards and their agents and employees shall not be
held civilly liable for any action taken based upon information
received pursuant to the provisions of this section if a rea sonable
effort was made to make an accurate match of the information
provided with voter registration records before taking any action
relating to voter registration.
SECTION 5. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
Effective November 1, 2024, the provisions of this act shall
have retroactive application to all persons who are eligible to vote
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under its terms, regardless of whether they were convicted or
released from incarceration prior to its effective date. The State
Election Board and the State Board of Corrections shall be
authorized to promulgate rules and take any other action they deem
necessary to implement the provisions of this section.
SECTION 6. REPEALER 26 O.S. 2021, Section 4-120.4, is
hereby repealed.
SECTION 7. This act shall become effective November 1, 202 4.
59-2-9849 LRB 01/17/24