1 STATE OF OKLAHOMA
2 1st Session of the 59th Legislature (2023)
3 HOUSE BILL 2504 By: Lepak
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6 AS INTRODUCED
7 An Act relating to elections; creating the Federal
Election Communications Transparency Act of 2023;
8 stating purpose; defining term; providing for notice
requirement; providing for method of notice;
9 providing penalty; creating the Unlawful
Federalization of Elections Act of 2023; stating
10 purpose; defining term; providing for notice
requirement; prohibiting implementation of federal
11 election guidance without legislative approval;
providing penalty; creating the State Oversight of
12 Election Funding Act of 2023; stating purpose;
defining term; providing for notice requirement;
13 prohibiting acceptance or disbursement of federal
election funds without legislative approval;
14 providing penalty; providing for codification; and
providing an effective date.
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18 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
19 SECTION 1. NEW LAW A new section of law to be codified
20 in the Oklahoma Statutes as Section 3-401 of Title 26, unless there
21 is created a duplication in numbering, reads as follows:
22 A. Section 1 of this act shall be known and may be cited as the
23 "Federal Election Communications Transparency Act of 2023".
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1 B. The purpose of this section is to ensure that the Governor
2 and State Legislature are made aware of all communications made or
3 provided to state agencies or entities responsible for overseeing
4 elections, by the United States Department of Justice or any other
5 federal executive branch agency, related to elections or voting, to
6 enable the state to respond as needed to ensure state agencies are
7 not being unduly coerced by the federal executive branch to
8 potentially violate state law, especially laws related to times,
9 places, and manner of elections, responsibility for which the
10 Constitution gives to the state legislatures.
11 C. As used in this section, "communication" means any official
12 federal directive or guidance directly provided by telephonic or
13 electronic means, through the mail, or through in-person contact,
14 pertaining to elections including the times, places, and manner for
15 carrying out elections in this state to the Secretary of the State
16 Election Board or the secretary of a county election board that is
17 received on or after the date this act is signed into law. This
18 includes, but is not limited to, any official guidance issued by the
19 Department of Justice or employee thereof, or any other federal
20 executive agency or employee thereof related to new or existing
21 voting or election laws or procedures.
22 D. The Secretary of the State Election Board, the secretary of
23 a county election board, or any state agency, whether that agency is
24 involved in the administration of elections or not, that receives an
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1 official communication from the United States Department of Justice
2 or any other federal executive branch agency related to new or
3 existing voting or election laws shall provide notice to the
4 Governor, the Speaker of the Oklahoma House of Representatives, and
5 the President Pro Tempore of the Oklahoma State Senate within ten
6 (10) business days of receiving the communication.
7 E. The notice requirement provided in subsection D of this
8 section shall be presumed to have been met based on the post-marked
9 date on the letters sent to the Governor, Speaker of the Oklahoma
10 House of Representatives, and the Speaker Pro Tempore of the
11 Oklahoma State Senate through certified mail, outlining the
12 communication received or sent.
13 F. A willful and intentional violation of the requirements of
14 this section shall be deemed a misdemeanor as provided in Section
15 16-114 of Title 26 of the Oklahoma Statutes.
16 SECTION 2. NEW LAW A new section of law to be codified
17 in the Oklahoma Statutes as Section 3-402 of Title 26, unless there
18 is created a duplication in numbering, reads as follows:
19 A. Section 2 of this act shall be known and may be cited as the
20 "Unlawful Federalization of Elections Act of 2023".
21 B. The purpose of this section is to ensure that all new
22 federal election guidance has been properly reviewed by the State
23 Legislature before it is carried out to ensure it is lawful and to
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1 provide the state with an opportunity to challenge the guidance in
2 court to protect state elections.
3 C. As used in this section, "new federal election guidance"
4 means any official federal directive or guidance pertaining to
5 elections including the times, places, and manner for carrying out
6 elections that is directly provided to the Secretary of the State
7 Election Board or the secretary of a county election board that is
8 received on or after the date this act is signed into law. This
9 includes, but is not limited to, any guidance issued by the United
10 States Department of Justice or any other federal executive agency
11 related to new or existing voting or election laws or procedures.
12 D. If the Secretary of the State Election Board or the
13 secretary of the county election board intends to implement any new
14 federal election guidance contrary to existing state law, he or she
15 must provide notice to the Governor, Speaker of the Oklahoma House
16 of Representatives and the President Pro Tempore of the Oklahoma
17 State Senate of his or her intent to do so at least thirty (30) days
18 before implementing the guidance.
19 E. The Secretary of the State Election Board or the secretary
20 of the county election board shall not implement any federal
21 directive or guidance contrary to state law without an explicit
22 state or federal legal requirement to do so, including an order by a
23 court of proper jurisdiction, or prior approval of the State
24 Legislature.
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1 F. A willful and intentional violation of the requirements of
2 this section shall be deemed a misdemeanor as provided in Section
3 16-114 of Title 26 of the Oklahoma Statutes.
4 SECTION 3. NEW LAW A new section of law to be codified
5 in the Oklahoma Statutes as Section 3-403 of Title 26, unless there
6 is created a duplication in numbering, reads as follows:
7 A. Section 3 of this act shall be known and may be cited as the
8 "State Oversight of Election Funding Act of 2023".
9 B. The purpose of this section is to ensure that all election
10 funding is approved by the State Legislature before it is accepted
11 or disbursed to ensure it is allocated fairly and in a manner that
12 will promote the State Legislature's goal of facilitating free and
13 fair elections.
14 C. As used in this section, "new federal election funds" means
15 any federal funds received by the Secretary of the State Election
16 Board or the secretary of the county election board on or after the
17 effective date of this act. Nothing in this section shall be
18 construed to pertain to funding provided under the Help America Vote
19 Act or any other federal funding that is authorized to be accepted
20 by state law or already possesses an explicit state or federal legal
21 requirement related to its acceptance and disbursement as of the
22 effective date of this act.
23 D. If the Secretary of the State Election Board or the
24 secretary of the county election board intends to accept or disburse
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1 new federal election funds, he or she must provide notice to the
2 Speaker of the Oklahoma House of Representatives and the President
3 Pro Tempore of the Oklahoma State Senate of his or her intent to do
4 so at least thirty (30) days before accepting the funds.
5 E. All new federal election funds must be approved by the State
6 Legislature before they may be accepted or disbursed by the
7 Secretary of the State Election Board or the secretary of the county
8 election board unless explicitly required by state or federal law.
9 F. A willful and intentional violation of the requirements of
10 this section shall be deemed a misdemeanor as provided in Section
11 16-114 of Title 26 of the Oklahoma Statutes.
12 SECTION 4. This act shall become effective November 1, 2023.
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14 59-1-5751 LRB 01/18/23
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