40 | 58 | | |
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42 | 60 | | |
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43 | 61 | | |
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44 | 62 | | |
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45 | 63 | | AS INTRODUCED |
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46 | 64 | | |
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47 | 65 | | An Act relating to elections; declaring that an |
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48 | 66 | | identification issued by an educational institution |
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49 | 67 | | is not valid proof of identity to regi ster to vote; |
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50 | 68 | | amending 26 O.S. 2021, Section 7 -114, which relates |
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51 | 69 | | to proof of identity for voting; clarifying that an |
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52 | 70 | | identification issued by an educational institution |
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53 | 71 | | is not valid proof of identity to vote; providing for |
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54 | 72 | | codification; and providing an e ffective date. |
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55 | 73 | | |
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56 | 74 | | |
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57 | 75 | | |
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58 | 76 | | |
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59 | 77 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA : |
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60 | 78 | | SECTION 1. NEW LAW A new section of law to be codified |
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61 | 79 | | in the Oklahoma Statutes as Section 4 -109.5 of Title 26, unless |
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62 | 80 | | there is created a duplication in numbering, reads as follows: |
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63 | 81 | | An identification card issued by a school, university, or other |
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64 | 82 | | educational institution does not constitute valid proof of identi ty |
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65 | 83 | | for purposes of registering to vote in the State of Oklahoma . |
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66 | 84 | | SECTION 2. AMENDATORY 26 O.S. 2021, Section 7 -114, is |
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67 | 85 | | amended to read as follows: |
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98 | 140 | | person's name is in the precinct registry. As used in this section, |
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99 | 141 | | "proof of identity" shall mean a document that satisfies all of the |
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100 | 142 | | following: |
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101 | 143 | | 1. The document shows the name of the person to whom the |
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102 | 144 | | document was issued, and the nam e substantially conforms to the name |
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103 | 145 | | in the precinct registry; |
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104 | 146 | | 2. The document shows a photograph of the person to whom the |
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105 | 147 | | document was issued; |
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106 | 148 | | 3. The document includes an expiration date, which is after the |
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107 | 149 | | date of the election in which the person is a ppearing to vote. The |
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108 | 150 | | provisions of this paragraph shall not apply to: |
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109 | 151 | | a. an identification card that is valid indefinitely, or |
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110 | 152 | | b. an identification card issued by a branch of the armed |
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111 | 153 | | services of the United States to a person who is a |
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112 | 154 | | member of such branch or is retired therefrom; and |
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113 | 155 | | 4. The document was issued by the United Sta tes, the State of |
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114 | 156 | | Oklahoma or the government of a federally recognized Indian tribe or |
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115 | 157 | | nation; and |
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116 | 158 | | 5. An identification card issued by a school, university, or |
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117 | 159 | | other educational institution does not constitute valid proof of |
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118 | 160 | | identity. |
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148 | 214 | | as proof of identity without meeting the requirements of paragraphs |
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149 | 215 | | 2 and 3 of this subsection. |
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150 | 216 | | B. 1. If a person declines to or is unable to pr oduce proof of |
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151 | 217 | | identity, the person may sign a statement under oath, in a form |
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152 | 218 | | approved by the Secretary of the State Election Board, swearing or |
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153 | 219 | | affirming that the person is the person identified on the precinct |
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154 | 220 | | registry, and shall be allowed to cast a provisional ballot in a |
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155 | 221 | | manner consistent with the provisions of Section 7 -116.1 of this |
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156 | 222 | | title. |
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157 | 223 | | 2. A provisional ballot cast by a voter who declines or is |
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158 | 224 | | unable to produce proof of identity shall only be considered |
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159 | 225 | | verified and approved for counting if: |
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160 | 226 | | a. the voter's name on the affidavit substantially |
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161 | 227 | | conforms to the voter 's name in the voter registration |
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162 | 228 | | database, except as provided in paragraph 3 of this |
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163 | 229 | | subsection, |
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164 | 230 | | b. the voter's residence address on the affidavit |
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165 | 231 | | substantially conforms to the voter 's residence |
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166 | 232 | | address in the voter registration database, except as |
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167 | 233 | | provided in paragraph 4 of this subsection, |
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168 | 234 | | c. the voter's date of birth matches the information in |
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169 | 235 | | the voter registration database, |
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199 | 289 | | the affidavit matches the information in the voter |
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200 | 290 | | registration database. The provisions of this |
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201 | 291 | | subparagraph shall not apply if the voter was not |
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202 | 292 | | required to provide a driver license number or the |
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203 | 293 | | last four digits of the voter 's Social Security number |
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204 | 294 | | at the time of registration, and |
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205 | 295 | | e. the provisional ballot meets the eligibility |
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206 | 296 | | requirements set forth in Section 7 -116.1 of this |
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207 | 297 | | title. |
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208 | 298 | | 3. A voter casting a provisional ballot as provided in this |
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209 | 299 | | section who has legally changed his or her name, but has not updated |
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210 | 300 | | the name on the voter registry, may note this fact on the affidavit |
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211 | 301 | | and submit a form prescribed by the Secretary of the State Election |
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212 | 302 | | Board to update his or her name. In such a case, and where the |
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213 | 303 | | requirements of Section 4 -117 of this title are satisfied, the |
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214 | 304 | | provisional ballot shall be deemed to meet the requirements of |
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215 | 305 | | subparagraph a of paragraph 2 of this subsecti on. |
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216 | 306 | | 4. A voter casting a provisional ballot as provided in this |
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217 | 307 | | section who has changed his or her address of residence, but has not |
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218 | 308 | | updated the address on the voter registry, may note this fact on the |
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219 | 309 | | affidavit and submit a form to update the address pre scribed by the |
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220 | 310 | | Secretary of the State Election Board. In such a case, and where |
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