1 STATE OF OKLAHOMA
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2 1st Session of the 58th Legislature (2021)
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3 SENATE BILL 103 By: Kirt
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6 AS INTRODUCED
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7 An Act relating to absentee ballots; amending 26 O.S.
7 2011, Sections 14-104, as amended by Section 1,
8 Chapter 237, O.S.L. 2016 and 14-113.2 (26 O.S. Supp.
8 2020, Section 14-104), which relate to return and
9 marking of ballots; conforming language; authorizing
9 hand delivery of certain absentee ballots; requiring
10 proof of identity for hand delivery of certain
10 absentee ballots; establishing deadline for return of
11 certain absentee ballots by hand delivery; defining
11 term; and providing an effective date.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. AMENDATORY 26 O.S. 2011, Section 14-104, as
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16 amended by Section 1, Chapter 237, O.S.L. 2016 (26 O.S. Supp. 2020,
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17 Section 14-104), is amended to read as follows:
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18 Section 14-104. Absentee ballots shall be returned to the
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19 secretary of each county election board no later than 7:00 p.m. the
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20 day of the election; provided, absentee ballots that are hand
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21 delivered to the county election board as provided in Section
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22 Sections 14-108 and 14-113.2 of this title shall be delivered no
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23 later than the end of regular business hours on the day prior to the
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24 date of the election.
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 1 SECTION 2. AMENDATORY 26 O.S. 2011, Section 14-113.2, is
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2 amended to read as follows:
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3 Section 14-113.2. A. The voter shall be responsible for
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4 marking the ballots or directing a person chosen by the voter to
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5 mark the ballots in accordance with the provisions of Section 7-
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6 123.3 of this title and as prescribed by the Secretary of the State
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7 Election Board; seal the ballots in the plain opaque envelope; fill
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8 out completely and sign the affidavit or direct a person chosen by
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9 the voter to sign the affidavit, such signature to be witnessed by
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10 two persons, who did not sign the affidavit, whose signature and
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11 address shall appear on the affidavit; seal the plain opaque
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12 envelope inside the envelope bearing the affidavit and return both
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13 envelopes, sealed inside the return envelope, by hand delivery,
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14 United States mail or by a private mail service, provided such
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15 service has delivery documentation, to the county election board.
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16 B. No person, except members of absentee voting boards, shall
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17 witness the signature of more than five affidavits of persons who
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18 swear they are physically incapacitated and unable to vote in person
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19 at their precinct on election day. No person who is a candidate for
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20 an office on the ballot or who is related within the third degree of
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21 consanguinity or affinity to a candidate on the ballot may witness
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22 any absentee ballot affidavit.
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23 C. Except for absentee ballots issued pursuant to Sections 14-
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24 115 or 14-115.1 of this title, any voter or the person chosen by the
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 1 voter to mark the ballot pursuant to subsection A of this section
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2 who hand delivers the voter's ballot shall provide proof of identity
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3 to the county election board and shall hand deliver the ballot no
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4 later than the end of regular business hours on the day prior to the
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5 date of the election. For purposes of this section, "proof of
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6 identity" shall have the same meaning as used in subsection A of
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7 Section 7-114 of this title.
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8 SECTION 3. This act shall become effective November 1, 2021.
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10 58-1-512 TEK 12/7/2020 4:49:47 PM
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