Bill Summary – FastDemocracy

1                                   STATE OF OKLAHOMA
2                    1st Session of the 58th Legislature (2021)
3    HOUSE BILL 1711                           By: Hill
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6                                     AS INTRODUCED
7             An Act relating to elections; authorizing certain
              persons to request ballots be sent by Internet
8             delivery; requiring State Election Board to prescribe
              form; providing for eligibility and transmission of
9             request; providing for delivery of ballot and ballot
              materials; providing for return of ballot to county
10            election board; providing for codification; and
              providing an effective date.
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13   BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
14       SECTION 1.       NEW LAW       A new section of law to be codified
15   in the Oklahoma Statutes as Section 14-201 of Title 26, unless there
16   is created a duplication in numbering, reads as follows:
17       A.   A registered voter who swears or affirms that the voter is
18   physically unable to vote in person at the precinct on the day of
19   the election because the voter is:
20       1. Physically incapacitated; or
21       2. Charged with the care of another person who is physically
22   incapacitated and who cannot be left unattended;
23   may request a ballot and balloting materials be sent to the voter by
24   Internet delivery.    The Secretary of the State Election Board shall
     Req. No. 5001                                                      Page 1
1    prescribe a form to be used for the request, although any request
2    setting forth substantially the same facts shall be valid.
3        B.   The request shall be signed by the voter or signed by a
4    witness at the voter's direction if the voter is unable to sign his
5    or her name, and shall be transmitted to the secretary of the county
6    election board.   The person transmitting the request on behalf of
7    the voter may be anyone of the voter's choosing who is at least
8    sixteen (16) years of age; provided, the person is not employed by
9    nor related within the third degree of consanguinity or affinity to
10   any person whose name appears on the ballot.   The person becomes the
11   voter's agent for purposes of voting by absentee ballot.    The
12   voter's request shall be accompanied by a sworn statement by a duly
13   licensed physician.   The request shall attest to the fact that the
14   voter is in fact unable to vote in person at the appropriate
15   precinct on the day of the election because of a physical
16   incapacity.
17       C.   Upon receipt of the voter's request and accompanying sworn
18   statement, the secretary of the county election board shall transmit
19   the ballot and balloting materials to the voter by Internet
20   delivery.
21       D.   The voter or voter's agent shall be required to mark the
22   ballot in ink or other manner as prescribed by the Secretary of the
23   State Election Board; seal the ballots in the plain opaque envelope;
24   fill out completely and sign the affidavit, such signature to be
     Req. No. 5001                                                      Page 2
1    notarized at no charge by a notary public; seal the plain opaque
2    envelope inside the envelope bearing the affidavit and return both
3    envelopes, sealed inside the return envelope, by hand delivery,
4    United States mail or by a private mail service, provided such
5    service has delivery documentation, to the county election board.
6    No person who is a candidate for an office on the ballot or who is
7    the chair or treasurer of the campaign of a candidate for office or
8    who is related within the third degree of consanguinity or affinity
9    to a candidate on the ballot may witness any absentee ballot
10   affidavit.
11       E.    The ballot shall not be notarized by any person whose name
12   appears on the ballot as a candidate or by any campaign chairperson
13   or campaign treasurer for a candidate whose name appears on the
14   ballot.
15       F.    Any voter or voter's agent who hand delivers his or her
16   ballot as provided in subsection D of this section shall provide
17   proof of identity to the county election board and shall hand
18   deliver the ballot no later than the end of regular business hours
19   on the day prior to the date of the election.    For purposes of this
20   section, "proof of identity" shall have the same meaning as used in
21   subsection A of Section 7-114 of Title 26 of the Oklahoma Statutes.
22       G.     Upon return of the absentee ballots, the secretary of the
23   county election board shall cause the ballots to be processed in the
24   same manner as is prescribed for other absentee ballots.
     Req. No. 5001                                                       Page 3
1        SECTION 2.   This act shall become effective November 1, 2021.
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3        58-1-5001      LRB     12/22/20
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     Req. No. 5001                                                   Page 4