1 STATE OF OKLAHOMA
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2 1st Session of the 58th Legislature (2021)
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3 SENATE BILL 77 By: Kirt
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6 AS INTRODUCED
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7 An Act relating to voter registration; amending
7 Section 1, Chapter 87, O.S.L. 2015, as last amended
8 by Section 1, Chapter 203, O.S.L. 2017 (26 O.S. Supp.
8 2020, Section 4-109.4), which relates to electronic
9 submission of voter registration application;
9 requiring establishment of certain website by
10 specified date; 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 Section 1, Chapter 87, O.S.L.
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15 2015, as last amended by Section 1, Chapter 203, O.S.L. 2017 (26
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16 O.S. Supp. 2020, Section 4-109.4), is amended to read as follows:
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17 Section 4-109.4. A. A person may submit a voter registration
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18 application electronically as provided in this section if such
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19 person:
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20 1. Has a current and valid Oklahoma driver license or
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21 identification card issued by the Department of Public Safety
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22 pursuant to the provisions of Section 6-101 et seq. of Title 47 of
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23 the Oklahoma Statutes;
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1 2. Is registering to vote at the address shown on the driver
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2 license or identification card; and
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3 3. Is a qualified elector and entitled to become a registered
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4 voter as provided by law.
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5 B. The Secretary of the State Election Board, subject to
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6 available funding, shall establish a secure website to permit
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7 persons described in subsection A of this section to submit voter
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8 registration applications electronically by December 31, 2021. The
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9 website must permit such persons to submit an application to
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10 register to vote or to update an existing registration. The
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11 Secretary may employ security measures he or she deems necessary to
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12 ensure the accuracy and integrity of voter registration applications
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13 submitted electronically and may establish an initial date on which
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14 voter registration applications may be submitted electronically
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15 after establishment of the website.
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16 C. 1. The applicant must attest to the truth of the
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17 information provided on the application by affirmatively accepting
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18 the information as true and correct. Any person who submits false
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19 information on an electronic voter registration application shall be
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20 deemed guilty of a felony as described in Sections 16-103 and 16-
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21 103.1 of this title.
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22 2. The applicant must consent to the comparison of the
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23 information entered into an electronic voter registration
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24 application to the information contained in his or her driver
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1 license or identification card record and also to the use of the
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2 signature included in the driver license or identification card
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3 record for voter registration purposes.
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4 3. A voter registration application properly submitted
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5 electronically shall be processed by the State Election Board and
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6 the appropriate county election board in the same manner as a voter
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7 registration application submitted on a paper form.
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8 D. 1. When an applicant submits a voter registration
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9 application electronically, the Secretary shall generate an
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10 electronic confirmation on the website that the application has been
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11 received, with instructions as to how the applicant may check the
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12 status of the application thereafter.
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13 2. a. The Secretary shall submit the information entered
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14 into the electronic voter registration application by
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15 the applicant to the Department of Public Safety for
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16 comparison to the record of the applicant’s driver
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17 license or identification card.
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18 b. The Department of Public Safety shall respond to the
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19 submission and shall indicate if the information
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20 submitted matches the information in the applicant’s
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21 driver license record.
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22 c. If the information matches, the electronic voter
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23 registration application may proceed and the
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24 Department of Public Safety shall provide the State
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1 Election Board with the digital image of the signature
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2 included in the applicant’s driver license or
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3 identification card record. If the information does
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4 not match, the application shall not proceed, and the
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5 applicant shall be notified of the failed match and
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6 may be provided information and instruction for
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7 updating the driver license or identification card
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8 record with the Department of Public Safety.
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9 3. a. Following a match of records by the Department of
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10 Public Safety described in subparagraph b of paragraph
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11 2 of this subsection, and if the Secretary finds that
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12 the electronic voter registration application is in
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13 compliance with this section and all applicable laws
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14 relating to voter registration, the digital image of
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15 the signature from the applicant’s driver license or
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16 identification card record shall be included on the
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17 application and the application shall be submitted and
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18 processed as provided by law. Provided, the Secretary
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19 of the State Election Board is authorized to designate
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20 an alternative method of obtaining the signature of
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21 the applicant, if necessary.
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22 b. If the Secretary does not find that the electronic
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23 voter registration application is in compliance with
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24 this section and all applicable laws relating to voter
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1 registration, the applicant shall be notified that the
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2 electronic voter registration application cannot be
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3 submitted and the reasons it cannot be submitted, and
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4 shall provide information about other methods to
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5 submit a voter registration application.
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6 E. The provisions of Section 24A.5 of Title 51 of the Oklahoma
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7 Statutes relating to confidentiality of personal information within
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8 driver records as defined by the Driver’s Privacy Protection Act, 18
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9 United States Code, Sections 2721 through 2725, shall be applicable
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10 to information obtained by the State Election Board from the
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11 Department of Public Safety during the information matching
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12 procedure described in this section. Provided, however, this
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13 subsection shall not apply to information entered into the
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14 electronic voter registration application by the voter registration
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15 applicant nor to the digital image of the applicant’s signature
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16 provided to the Secretary of the State Election Board by the
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17 Department of Public Safety, upon the consent of the applicant, for
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18 use on the electronic voter registration application as provided in
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19 this section.
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20 F. The Secretary of the State Election Board may establish a
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21 system whereby a registered voter may electronically submit a change
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22 to his or her voter registration information, including a change of
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23 name, political party affiliation or address of residence within the
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24 county in which the voter is currently registered to vote. An
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1 electronically submitted change in voter registration information
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2 shall include:
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3 1. Such information as the Secretary of the State Election
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4 Board deems necessary to confirm the identity of the voter; and
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5 2. An oath that the voter is eligible to register to vote in
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6 Oklahoma.
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7 Upon receipt of a valid electronically submitted change in voter
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8 registration, the secretary of the appropriate county election board
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9 shall update the voter’s registration information in the voter
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10 registration database and shall file a notation of such changes with
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11 the voter’s original voter registration application.
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12 G. The Secretary shall promulgate rules as may be necessary to
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13 implement the provisions of this section.
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14 SECTION 2. This act shall become effective November 1, 2021.
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16 58-1-359 TEK 12/2/2020 1:17:20 PM
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