Oklahoma HB 1946: Elections; in-person absentee voting; requiring designation of voting location; effective date.

Bill Text

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STATE OF OKLAHOMA 
 
1st Session of the 58th Legislature (2021) 
 
HOUSE BILL 1946 By: Munson 
 
 
 
 
 
AS INTRODUCED 
 
An Act relating to elections; amending 26 O.S. 2011, 
Section 14-115.4, as last amended by Section 1, 
Chapter 130, O.S.L. 2017 (26 O.S. Supp. 2020, Section 
14-115.4), which relates to in-person absentee 
voting; requiring designation of voting location; and 
providing an effective date. 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.     AMENDATORY     26 O.S. 2011, Section 14-115.4, as 
last amended by Section 1, Chapter 130, O.S.L. 2017 (26 O.S. Supp. 
2020, Section 14-115.4), is amended to read as follows: 
Section 14-115.4  A.  1.  A registered voter may apply for an 
in-person absentee ballot at a location designated by the secretary 
of the county election board from 8 a.m. to 6 p.m. on Thursday and 
Friday immediately preceding any election and from 9 a.m. to 2 p.m. 
on Saturday immediately preceding a state or federal election.  As 
part of the application for an in-person absentee ballot such 
registered voter shall swear or affirm that the voter has not voted 
a regular mail absentee ballot and that the voter will not vote at 

 
 
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the regular polling place in the election for which the in-person 
absentee ballot is requested. 
2.  The secretary of the county election board in counties with 
twenty-five thousand (25,000) or more registered voters, or with an 
area in excess of one thousand five hundred (1,500) square miles, 
may shall designate more than one location as an in-person absentee 
polling place for an election, subject to the approval of and 
pursuant to the rules and procedures prescribed by the Secretary of 
the State Election Board. 
B.  1.  The voter also shall provide proof of identity as 
defined in Section 7-114 of this title.  If the voter declines to or 
is unable to produce proof of identity, the voter may sign a 
statement under oath, in a form approved by the Secretary of the 
State Election Board, swearing or affirming that the person is the 
person identified on the precinct registry, and shall be allowed to 
cast a provisional ballot as provided in Section 7-116.1 of this 
title. 
2.  False swearing or affirming under oath shall be punishable 
as a felony as provided in Section 16-103 of this title, and the 
penalty shall be distinctly set forth on the face of the statement. 
C.  One or more absentee voting boards shall be on duty at the 
in-person absentee polling place on the days and during the hours 
set forth in subsection A of this section.  If the secretary of a 
county election board receives an application from a registered 

 
 
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voter requesting to vote by in-person absentee ballot the secretary 
shall cause to be implemented the following procedures: 
1.  An absentee voting board shall provide to each registered 
voter who applies for an in-person absentee ballot appropriate 
ballots and materials as may be necessary to vote; 
2.  The voter must sign an in-person absentee voter record, and 
the signature of the voter on such record must be certified by both 
members of the absentee voting board, except that the secretary of 
the county election board and one other member of the absentee 
voting board may certify the signature of another member of the 
absentee voting board; 
3.  The voter must mark the ballots of the voter in the manner 
provided by law in the presence of the absentee voting board, but in 
such a manner as to make it impossible for any person other than the 
voter to ascertain how such ballots are marked.  Insofar as is 
possible, the voting procedure shall be the same as if the voter 
were casting a vote in person at a precinct; 
4.  The voter shall then deposit the ballot in a voting device 
designated for in-person absentee voting by the secretary of the 
county election board; 
5.  When the in-person polling place is closed on each day of 
in-person absentee voting the in-person absentee voting board shall, 
without obtaining a printout of results, remove the electronic 
results storage media from the voting device and seal ballots 

 
 
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counted that day in a transfer case which shall be secured by the 
sheriff of the county in the same manner as provided in Section 8-
110 of this title.  The electronic results storage media shall be 
sealed in a container prescribed by the Secretary of the State 
Election Board.  The sheriff shall secure the sealed electronic 
results storage media container and return it to the in-person 
absentee voting board no