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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 1116 By: Jett
AS INTRODUCED
An Act relating to conduct of elections; amendi ng 26
O.S. 2021, Section 7-114, which relates to procedure
for determining eligibility; req uiring proof of
identity for certain purpose to include a photograph;
and providing an 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 ann ounce
that person’s name to the judge of the precinct and shall provide
proof of identity, whereupon the judge shall determin e whether the
person’s name is in the precinct registry. As used in this section,
“proof of identity” shall mean a document that s atisfies all of the
following:
1. The document shows the name of the person to whom the
document was issued, and the name su bstantially conforms to the name
in the precinct registry;
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2. The document shows a photograph of the person to whom the
document was issued;
3. The document includes an expiration date, which is after the
date of the election in which the person is appea ring 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 bran ch of the armed
services of the United S tates 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 federal ly recognized Indian tribe or
nation.
Provided, if the person presents a vot er 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 paragraph 3 of this subsection.
B. 1. If a person declines to or is unable to produce pr oof of
identity, the person may sign a statement under oath, in a form
approved by the Secretar y of the State Election Board, swearing or
affirming that the person is the person identified o n the precinct
registry, and shall be allowed to cast a provisiona l ballot in a
manner consistent with the provisio ns of Section 7-116.1 of this
title.
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2. A provisional ballot cast by a voter who declines or is
unable to produce proof of identity shall on ly 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 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 no t
required to provide a dr iver 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.
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3. A voter casting a provisional ba llot 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 Election
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 a s provided in this
section who has chang ed 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 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 oat h 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, 2023.
59-1-1649 TEK 1/19/2023 3:29:23 PM