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SENATE FLOOR VERSION
February 28, 2023
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 902 By: Dahm
An Act relating to elections; amending 26 O.S. 2021,
Sections 4-121, as amended by Section 20, Chapter
282, O.S.L. 2022, and 7-103.2, as amended by Section
6, Chapter 293, O.S.L. 2022 (26 O.S. Supp. 2022,
Sections 4-121 and 7-103.2), which relate to
multistate voter list maintenance organizations ;
modifying authority t o join certain organizations;
prohibiting license data from non-citizens; requiring
certain certification from certain organizations;
prohibiting release of certain data; providing
exceptions; requiring withdrawal from organization
under certain circumstances; authorizing civil action
for certain violations; requiring annual publishing
of certain information; prohibiting charging of fee
for certain information av ailable to the public; and
providing an effective d ate.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 26 O.S. 2021, Section 4-121, as
amended by Section 20, Chapter 282, O.S.L. 2022 (26 O.S. Supp. 2022,
Section 4-121), is amended to read as follows:
Section 4-121. A. The Secretary of the State Election Board
may join the State of Oklahoma as a member in one or more multistate
voter list maintenance organizations including, but not limited to ,
the Electronic Registration Information Center (ERIC) o r its
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successor. The Secretary is authorized to expend funds as available
for membership fees, dues and other expenses related to such
membership. Prior to the State of Oklahoma joining a multistate
voter list maintenance orga nization, the organization shal l certify
in writing to the Secretary of the State Election Board th at
membership in the organization meets the requ irements of this
section.
B. Upon membership in an organization as provided in subsection
A of this section, the Secretary of the Sta te Election Board may
provide voter registration data to the organization and Service
Oklahoma may provide motor vehicle license data to the organization
if such data is required to be provided as a condition of
membership. The voter registration data and motor vehicle license
data described in this subsection may include a person’s name,
address, date of birth, driver license or state identification
number, last four digits of a Social Security number or any other
data required by the organization. Service Oklahoma shall not
provide motor vehicle lic ense data for persons who a re identified as
not being citizens of the United States or whose citizenship status
is unknown. The transmission and storage of such data shall be done
in a secure manner.
C. 1. If a multistate voter list maintenance organiz ation of
which this state is a member identifies Oklahoma residents who are
citizens of the United States eligible to vote but not yet
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registered, the Secretary of th e State Election Board may notify
such citizens about the procedure for obtaining a voter registration
application and becoming a registered voter in thi s state. The
notification shall not include a voter registration application.
2. The multistate voter list maintenance o rganization shall
certify that, to the best of its knowledge, all pers ons it
identifies as eligible to vote but not yet registered ar e citizens
of the United States.
3. The Secretary may de legate the contacting of such citizens
to the secretary of the appropriate county election board.
D. If a multistate voter list maintenance organization of which
this state is a member provides United States Postal Service
National Change of Address data regarding registered voters who have
changed their address of residence within the state, the Secretary
of the State Election Board may use the data pursuant to the
provisions of Section 4-118.1, 4-120.2 or 7-115.1 of Title 26 of the
Oklahoma Statutes or t he federal National Voter Registration Act.
E. A multistate voter list maintenance organization of which
this state is a member shall not provide or release any vot er
registration data or motor vehicle license da ta received from this
state to any other party. Provided, however, such organization may
provide relevant matching information to a member state regarding
duplicate registrations, deaths, or chan ges of residency involving
persons identified in the data pr ovided by this state. Any verified
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evidence that indicates that any voter registra tion data or motor
vehicle license data for this state is being used for purpos es
unrelated to voter roll maintenance or is b eing used for or is being
released to any third party, except as provided in this subsection ,
shall result in the immediate withdrawal of this state from the
multistate voter list maintenance organization. Verified ev idence
may include Oklahoma Open Records Act documents reviewed during
investigation by the Legislature or the Secretary of the State
Election Board that in dicate that such activity is o ccurring.
F. The Oklahoma Attorney General shall have the authority to
bring a civil action against the multistate voter list maintenance
organization in a district court of this state for damages caused by
a violation of subsection E of this se ction. If the Attorney
General declines to pursue action, the Secretary of the State
Election Board or the Legislature by a majority vote may initiate an
action to hire outside counsel to bring a civil action against the
multistate voter list maintenance organiza tion in a district court
of this state for damages caused by a violation of subsection E of
this section.
G. The Secretary of the State Election Board shall cause to be
published annually on the website of th e State Election Board the
following costs associated with membership in a mul tistate voter
list maintenance organization:
1. Annual membership dues, if any;
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2. Mailings sent to persons identified in sub section C of this
section, if any;
3. Information technology utilized for the transfer or receipt
of data as described in this s ection; and
4. Any other costs directly attributable to the s tate’s
membership in the organization.
H. The Secretary of the S tate Election Board shall cause to be
published annually on the website of the State Election Board the
following statistical information:
1. The number of voter registrations by county that are
canceled on the basis of information received from the multi state
voter list maintenance organizatio n, and the reason for the
cancellation;
2. The number of registered voters by county required to
receive an address confirmation mailing on the basis of information
received from the multistate voter list maintenanc e organization;
3. The number of mailin gs by county for persons identified in
subsection C of this section; and
4. Such other statistical information deemed appropriate by the
Secretary of the State Election Bo ard.
SECTION 2. AMENDATORY 26 O.S. 2021, Section 7-103.2, as
amended by Section 6, Chapter 293, O.S.L. 2022 (26 O.S. Supp. 2022,
Section 7-103.2), is amended to read as follows:
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Section 7-103.2. A. 1. County election boards shall maintain
a current list of all registered voters in each precinct, which will
reflect the address and party affiliation of each voter . The list
shall be public information; provided, the.
2. The list shall only be shared with a court system if that
court system agrees to regularly provide the n ames of persons
convicted of a felony in that court system to the Secretary of the
State Election Board and the appropriate secretary of a county
election board, or if the court system is required by state law to
do so.
3. The publicly available voter list shall note any voter for
whom a first-class mailing from the county election board or the
State Election Board was returned undeliverable.
B. The Secretary of the State Election Board shall ensure that
an electronic copy of the voter registration inform ation eligible to
be released publicly pursuant to the Oklahoma Open Records Act is
available to the public free of charge .
SECTION 3. This act shall become effectiv e November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
February 28, 2023 - DO PASS AS AMENDED BY CS