1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3511 By: Johns
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6 AS INTRODUCED
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7 An Act relating to elections; amending 26 O.S. 2021,
7 Sections 12-108, 12-109 and 14-118, which relate to
8 special elections; modifying timelines for certain
8 elections; adding special runoff primary for certain
9 elections; adding reference to runoff primary;
9 removing exception; clarifying the application of
10 certain deadlines; and providing an effective date.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 26 O.S. 2021, Section 12-108, is
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15 amended to read as follows:
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16 Section 12-108. A. Such proclamation shall contain the
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17 following facts:
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18 1. A filing period of three (3) days, on a Monday, Tuesday and
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19 Wednesday not less than ten (10) days from the date of such
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20 proclamation;
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21 2. The date of the Special Primary Election, not less than
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22 twenty (20) thirty (30) days after the close of the filing period;
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23 and
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 1 3. The date of the Special Runoff Primary Election, not less
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2 than twenty (20) days after the date of the Special Primary
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3 Election;
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4 4. The date of the Special General Election, not less than
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5 twenty (20) days after the date of the Special Runoff Primary
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6 Election; and
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7 5. a. In the event a Special Primary Election is not
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8 necessary, the Special General Election shall be moved
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9 to the date of the Special Primary Election.
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10 b. In the event a Special Primary Election is held, but a
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11 Special Runoff Primary Election is not necessary, the
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12 Special General Election shall be moved to the date of
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13 the Special Runoff Primary Election.
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14 B. The election dates contained in the proclamation shall be
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15 limited to the election dates provided in Section 3-101 of this
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16 title.
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17 C. Should such a vacancy occur in an even-numbered year, when a
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18 special election is required, the proclamation must contain dates
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19 that are the same as are required by law for the regular filing
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20 period, Primary Election, Runoff Primary Election and General
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21 Election, if practicable.
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22 SECTION 2. AMENDATORY 26 O.S. 2021, Section 12-109, is
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23 amended to read as follows:
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 1 Section 12-109. Said elections shall be conducted under the
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2 laws applicable to regular Primary, Runoff Primary, and General
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3 Elections, except that the candidate receiving the highest number of
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4 votes in said Primary Election shall be deemed the nominee of his
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5 political party, provided that the dates of the elections do not
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6 coincide with the dates for the regular Primary, Runoff Primary and
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7 General Elections. If the nominee of a political party is unopposed
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8 in the Special Election, he shall be issued a certificate of
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9 election after the expiration of the contest period following the
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10 Primary or Runoff Primary Election, if no contest is filed, and.
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11 Unless otherwise provided by law, the candidate elected to the
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12 office shall immediately assume the duties of said office upon the
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13 certification of the election by the State Election Board.
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14 SECTION 3. AMENDATORY 26 O.S. 2021, Section 14-118, is
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15 amended to read as follows:
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16 Section 14-118. A. 1. When an application for an absentee
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17 ballot from a uniformed-service voter or an overseas voter pursuant
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18 to Section 14-142 of this title is received by the secretary of a
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19 county election board, it shall be the duty of the secretary to
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20 transmit by United States mail, by facsimile device as defined in
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21 Section 1862 of Title 21 of the Oklahoma Statutes, or as provided in
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22 subsection B of this section the ballots which the elector has
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23 requested and is entitled to receive.
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 1 2. When an application for an absentee ballot is received at
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2 least forty-five (45) days before an a regular election involving
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3 state offices or a regular or special election involving federal
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4 offices, the absentee ballot shall be transmitted by mail, by
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5 electronic mail, or by other means of electronic communication, as
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6 provided in this section, or by facsimile device as provided in
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7 Section 14-118.1 of this title, not less than forty-five (45) days
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8 preceding the election.
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9 3. When an application for an absentee ballot for an a regular
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10 election involving state offices or a regular or special election
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11 involving federal offices is received less than forty-five (45) days
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12 preceding the election, the absentee ballot shall be transmitted by
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13 mail, by electronic mail, or by other means of electronic
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14 communication, as provided in this section, or by facsimile device
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15 as provided in Section 14-118.1 of this title, within forty-eight
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16 (48) hours of receipt of the application.
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17 4. When an application for an absentee ballot is received for a
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18 special election involving state offices, the absentee ballot shall
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19 be transmitted by mail, by electronic mail, or by other means of
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20 electronic communication, as provided in this section, or by
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21 facsimile device as provided in Section 14-118.1 of this title, as
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22 soon as practicable preceding the date of the election.
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 1 B. The secretary of the county election board may transmit
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2 balloting materials for any state or federal election, or for any
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3 other election as designated by the Secretary of the State Election
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4 Board as provided in subsection D of this section, by electronic
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5 mail or by other means of electronic communication in a form and
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6 manner prescribed by the Secretary of the State Election Board, if
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7 the voter:
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8 1. Is a Federal Post Card Application registrant and is
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9 eligible to receive an absentee ballot as provided by law;
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10 2. Provides an electronic mail address; and
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11 3. Requests that balloting materials be sent by electronic
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12 mail.
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13 If the secretary of the county election board transmits a ballot
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14 to a voter by electronic mail or by other means of electronic
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15 communication as provided in this subsection, the secretary shall
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16 amend the voter's federal postcard application for future elections
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17 to include the voter's electronic mail address.
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18 C. An electronic mail address provided under this section is
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19 confidential and does not constitute public information for purposes
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20 of the Oklahoma Open Records Act. The secretary of the county
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21 election board shall ensure that an electronic mail address provided
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22 under this section is excluded from disclosure.
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23 D. The Secretary of the State Election Board shall determine if
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24 balloting materials for any election other than a state or federal
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 1 election may be produced in a form which would allow them to be
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2 transmitted by electronic mail or by other means of electronic
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3 communication. If so, the Secretary shall so designate them. If
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4 such designation is not made, the balloting materials may be
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5 transmitted to the voter as provided in subsection A of this
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6 section.
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7 E. All other provisions of this title that would normally apply
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8 to a ballot voted under this title apply to a ballot provided
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9 pursuant to the provisions of subsection B of this section.
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10 F. The Secretary of the State Election Board may suspend the
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11 provisions of subsection B of this section if the Secretary
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12 determines that electronic transmission of balloting materials is
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13 not in the best interest of the people of this state due to a
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14 potential problem with the security of the balloting materials.
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15 SECTION 4. This act shall become effective November 1, 2024.
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17 59-2-8739 LRB 12/28/23
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