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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 2032 By: Stewart
AS INTRODUCED
An Act relating to absentee voting; amending 26 O.S.
2021, Section 14-118, which relates to transmission
of ballots to voters; specifying allowable methods of
return of absentee ballots; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 26 O.S. 2021, Section 14 -118, is
amended to read as foll ows:
Section 14-118. A. When an application for an absentee ballot
pursuant to Section 14-142 of this title is received by the
secretary of a county election board, it shall be the duty of the
secretary to transmit by United States mail, by facsimile dev ice as
defined in Section 1862 of Title 21 of the Oklahoma Statutes, or as
provided in subsection B of this section the ballots which the
elector has requested and is entitled to receive. When an
application for an absentee ballot is received at least for ty-five
(45) days before an election involving state or federal offices, the
absentee ballot shall be transmitted by mail, by electronic mail, or
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by other means of electronic communication, as provided in this
section, or by facsimile device as provided in Section 14-118.1 of
this title, not less than forty -five (45) days preceding the
election. When an application for an absentee ballot for an
election involving state or federal offices is received less than
forty-five (45) days preceding the election, th e absentee ballot
shall be transmitted by mail, by electronic mail, or by other means
of electronic communication, as provided in this section, or by
facsimile device as provided in Section 14 -118.1 of this title,
within forty-eight (48) hours of receipt o f the application.
B. The secretary of the county election board may transmit
balloting materials for any state or federal election, or for any
other election as designated by the Secretary of the State Election
Board as provided in subsection D of this s ection, by electronic
mail or by other means of electronic communication in a f orm and
manner prescribed by the Secretary of the State Election Board, if
the voter:
1. Is a Federal Post Card Application registrant and is
eligible to receive an absentee ba llot as provided by law;
2. Provides an electronic mail address; and
3. Requests that balloting materials be sent by electronic
mail.
If the secretary of the county election board transmits a ballot
to a voter by electronic mail or by other means of elec tronic
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communication as provided in this subsection, the secretary shall
amend the voter’s federal postcard application for future elections
to include the voter ’s electronic mail address.
C. An electronic mail address provided under this section is
confidential and does not constitute public information for purposes
of the Oklahoma Open Records Act. The secretary of the county
election board shall ensure that an electronic mail address provided
under this section is excluded from disclosure.
D. The Secretary of the State Election Board shall determine if
balloting materials for an y election other than a state or federal
election may be produced in a form which w ould allow them to be
transmitted by electronic mail or by other means of electronic
communication. If so, the Secretary shall so designate them. If
such designation is not made, the balloting materials may be
transmitted to the voter as provided in subsection A of this
section.
E. All other provisions of this title that would normally apply
to a ballot voted under this title apply to a ballot provided
pursuant to the prov isions of subsection B of this section.
F. The Secretary of the State Election Boa rd may suspend the
provisions of subsection B of this section if the Secretary
determines that electronic transmission of balloting materials is
not in the best interest of the people of this state due to a
potential problem with the security of the balloting materials.
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G. Any absentee ballot received by a method authorized by this
section shall be returned by hand delivery, United States mail, or
by a private mail service t o the county election board as required
pursuant to Section 14-108 of this title.
SECTION 2. This act shall become effective January 1, 2025.
59-2-2635 TEK 1/18/2024 3:42:33 PM