Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB902 Compare Versions

Version 1 (Old)

Version 2 (New)

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29		-	SENATE FLOOR VERSION
30		-	February 28, 2023
	28	+	STATE OF OKLAHOMA
31	29
	30	+	1st Session of the 59th Legislature (2023)
32	31
33	32		COMMITTEE SUBSTITUTE
34	33		FOR
35		-	SENATE BILL ~~NO.~~ 902 By: Dahm
	34	+	SENATE BILL 902 By: Dahm
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	39	+
	40	+	COMMITTEE SUBSTITUTE
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41	42		An Act relating to elections; amending 26 O.S. 2021,
42	43		Sections 4-121, as amended by Section 20, Chapter
43	44		282, O.S.L. 2022, and 7-103.2, as amended by Section
44	45		6, Chapter 293, O.S.L. 2022 (26 O.S. Supp. 2022,
45	46		Sections 4-121 and 7-103.2), which relate to
46	47		multistate voter list maintenance organizations ;
47	48		modifying authority t o join certain organizations;
48	49		prohibiting license data from non-citizens; requiring
49	50		certain certification from certain organizations;
50	51		prohibiting release of certain data; providing
51	52		exceptions; requiring withdrawal from organization
52	53		under certain circumstances; authorizing civil action
53	54		for certain violations; requiring annual publishing
54	55		of certain information ; prohibiting charging of fee
55	56		for certain information av ailable to the public; and
56	57		providing an effective d ate.
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61	62		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
62	63		SECTION 1. AMENDATORY 26 O.S. 2021, Section 4 -121, as
63	64		amended by Section 20, Chapter 282, O.S.L. 2022 (26 O.S. Supp. 2022,
64	65		Section 4-121), is amended to read as follows:
65	66		Section 4-121. A. The Secretary of the State Election Board
66	67		may join the State of Oklahoma as a member in one or more multistate
67	68		voter list maintenance organizations including, but not limited to ,
68		-	the Electronic Registration Information Center (ERIC) o r its
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	95	+	the Electronic Registration Information Center (ERIC) o r its
96	96		successor. The Secretary is authorized to expend funds as available
97	97		for membership fees, dues and other expenses related to such
98	98		membership. Prior to the State of Oklahoma joining a multistate
99	99		voter list maintenance orga nization, the organization shal l certify
100	100		in writing to the Secretary of the State Election Board th at
101	101		membership in the organization meets the requirem ents of this
102	102		section.
103	103		B. Upon membership in an organization as provided in subsection
104	104		A of this section, the Secretary of the Sta te Election Board may
105	105		provide voter registration data to the organization and Service
106	106		Oklahoma may provide motor vehicle license data to the organization
107	107		if such data is required to be provided as a condition of
108	108		membership. The voter registration data and motor vehicle license
109	109		data described in this subsection may include a person’s name,
110	110		address, date of birth, driver license or state identi fication
111	111		number, last four digits of a Social Security number or any other
112	112		data required by the organization. Service Oklahoma shall not
113	113		provide motor vehicle lic ense data for persons who a re identified as
114	114		not being citizens of the United States or whose citizenship status
115	115		is unknown. The transmission and storage of such data shall be done
116	116		in a secure manner.
117	117		C. 1. If a multistate voter list maintenance organiz ation of
118	118		which this state is a member identifies Oklahoma residents who are
119		-	citizens of the United States eligible to vote but not yet
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	145	+	citizens of the United States eligible to vote but not yet
147	146		registered, the Secretary of th e State Election Board may notify
148	147		such citizens about the procedure for obtaining a voter registration
149	148		application and becoming a registered voter in thi s state. The
150	149		notification shall not include a voter registration application.
151	150		2. The multistate voter list maintenance o rganization shall
152	151		certify that, to the best of its knowledge, all pers ons it
153	152		identifies as eligible to vote but not yet registered ar e citizens
154	153		of the United States.
155	154		3. The Secretary may de legate the contacting of such citizens
156	155		to the secretary of the appropriate county election board.
157	156		D. If a multistate voter list maintenance organization of which
158	157		this state is a member provides United States Postal Service
159	158		National Change of Address data regarding registered voters who have
160	159		changed their address of residence within the state, the Secretary
161	160		of the State Election Board may use the data pursuant to the
162	161		provisions of Section 4-118.1, 4-120.2 or 7-115.1 of Title 26 of the
163	162		Oklahoma Statutes or t he federal National Voter Registration Act.
164	163		E. A multistate voter list maintenance organization of which
165	164		this state is a member shall not provide or release any vot er
166	165		registration data or motor vehicle license data received from t his
167	166		state to any other party. Provided, however, such organization may
168	167		provide relevant matching information to a member state regarding
169	168		duplicate registrations, deaths, or chan ges of residency involving
170		-	persons identified in the data pr ovided by this state. Any verified
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	195	+	persons identified in the data provided by th is state. Any verified
198	196		evidence that indicates that any voter registra tion data or motor
199	197		vehicle license data for this state is being used for purpos es
200	198		unrelated to voter roll maintenance or is b eing used for or is being
201	199		released to any third party, except as provided in this subsection ,
202	200		shall result in the immediate withdrawal of this state from the
203	201		multistate voter list maintenance organization. Verified ev idence
204	202		may include Oklahoma Open Records Act documents reviewed during
205	203		investigation by the Legislature or the Secretary of the State
206	204		Election Board that in dicate that such activity is o ccurring.
207	205		F. The Oklahoma Attorney General shall have the authority to
208	206		bring a civil action against the multistate voter list maintenance
209	207		organization in a district court of this state for damages caused by
210	208		a violation of subsection E of this se ction. If the Attorney
211	209		General declines to pursue action, the Secretary of the State
212	210		Election Board or the Legislature by a majority vote may initiate an
213	211		action to hire outside counsel to bring a civil action against the
214	212		multistate voter list maintenance organiza tion in a district court
215	213		of this state for damages caused by a violation of subsection E of
216	214		this section.
217	215		G. The Secretary of the State Election Board shall cause to be
218	216		published annually on the website of th e State Election Board the
219	217		following costs associated with membership in a mul tistate voter
220	218		list maintenance organization:
221		-	1. Annual membership dues, if any;
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	245	+	1. Annual membership dues, if any;
249	246		2. Mailings sent to persons identified in subsection C of this
250	247		section, if any;
251	248		3. Information technology utilized for the transfer or receipt
252	249		of data as described in this s ection; and
253	250		4. Any other costs directly attributable to the s tate’s
254	251		membership in the organization.
255	252		H. The Secretary of the S tate Election Board shall cause to be
256	253		published annually on the website of the State Election Board the
257	254		following statistical information:
258	255		1. The number of voter registrations by county that are
259	256		canceled on the basis of information received from the multistate
260	257		voter list maintenance organizatio n, and the reason for the
261	258		cancellation;
262	259		2. The number of registered voters by county required to
263	260		receive an address confirmation mailing on the basis of information
264	261		received from the multistate voter list maintenance organiz ation;
265	262		3. The number of mailin gs by county for persons identified in
266	263		subsection C of this section; and
267	264		4. Such other statistical information deemed appropriate by the
268	265		Secretary of the State Election Bo ard.
269	266		SECTION 2. AMENDATORY 26 O.S. 2021, Section 7 -103.2, as
270	267		amended by Section 6, Chapter 293, O.S.L. 2022 (26 O.S. Supp. 2022,
271	268		Section 7-103.2), is amended to read as follows:
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299	295		Section 7-103.2. A. 1. County election boards shall maintain
300	296		a current list of all registered vote rs in each precinct, whi ch will
301	297		reflect the address and party affiliation of each voter . The list
302	298		shall be public information; provided, the.
303	299		2. The list shall only be shared with a court system if that
304	300		court system agrees to regularly provide the names of persons
305	301		convicted of a felon y in that court system to the Secretary of the
306	302		State Election Board and the appropriate secretary of a county
307	303		election board, or if the court system is required by state law to
308	304		do so.
309	305		3. The publicly available voter list shall note any voter for
310	306		whom a first-class mailing from the county election board or the
311	307		State Election Board was returned undeliverable.
312	308		B. The Secretary of the State Election Board shall ensure that
313	309		an electronic copy of the voter registration informatio n eligible to
314	310		be released publicly pursuant to the Oklahoma Open Records Act is
315	311		available to the public free of charge .
316	312		SECTION 3. This act shall become effectiv e November 1, 2023.
317		-	~~COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY~~
318		-	~~February~~ 28, 2023 ~~- DO PASS AS AMENDED BY CS~~
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	314	+	59-1-1936 TEK 2/28/2023 4:12:54 PM