1 STATE OF OKLAHOMA
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2 1st Session of the 58th Legislature (2021)
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3 SENATE BILL 46 By: Dossett (J.J.)
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6 AS INTRODUCED
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7 An Act relating to elections; amending 26 O.S. 2011,
7 Sections 7-119 and 7-127, which relate to conduct of
8 elections; eliminating straight-party voting; and
8 providing an effective date.
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11 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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12 SECTION 1. AMENDATORY 26 O.S. 2011, Section 7-119, is
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13 amended to read as follows:
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14 Section 7-119. The voter shall vote by marking the ballot as
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15 prescribed by the Secretary of the State Election Board for the
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16 party of his choice or for the voter’s choice of candidates of his
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17 choice or for the answer he choice the voter desires to select on
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18 each question.
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19 SECTION 2. AMENDATORY 26 O.S. 2011, Section 7-127, is
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20 amended to read as follows:
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21 Section 7-127. The following rules shall govern the counting
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22 and recounting of votes:
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23 1. If the name of any person is written on a ballot, the name
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24 shall not be counted;
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 1 2. A valid vote shall be any mark prescribed by the Secretary
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2 of the State Election Board made by voters indicating the voter’s
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3 choice of party, candidate or issue on a ballot. Such marking shall
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4 be hereinafter referred to as “valid markings”. Such valid markings
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5 located otherwise on the ballot shall not be counted;
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6 3. Marks used to designate the intention of the voter, other
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7 than those herein defined as valid markings, shall not be counted;
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8 4. Failure to properly mark a ballot as to one or more
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9 candidates or questions shall not of itself invalidate the entire
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10 ballot if the same has been properly marked as to other candidates
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11 or questions; and
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12 5. A valid marking marked for a political party shall be
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13 counted as a vote for each of the political party’s candidates on
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14 that ballot, except that a valid marking marked for a candidate’s
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15 name shall take precedence, for that office, over a valid marking
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16 for a political party. Provided, further, that if valid markings
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17 are marked for more than one political party on a ballot, the ballot
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18 shall not be counted for any party offices thereon; and
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19 6. Any ballot or part of a ballot on which it is impossible to
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20 determine the voter’s choice of candidate shall be void as to the
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21 candidate or candidates thereby affected.
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22 SECTION 3. This act shall become effective November 1, 2021.
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24 58-1-493 TEK 11/23/2020 1:21:07 PM
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