ENROLLED HOUSE
BILL NO. 1402	By:	Hilliard, Dorman, Sullivan, Wright (John), Roan, Walker, Reynolds, Bailey, Kouplen, Luttrell, Pittman, Renegar and Wesselhoft of the House

				and

		Paddack of the Senate

An Act relating to elections; amending 26 O.S. 2001, Section 14-115, as last amended by Section 12, Chapter 485, O.S.L. 2003 (26 O.S. Supp. 2008, Section 14-115), which relates to absentee ballots; providing procedure for absentee ballots for persons confined to veterans centers; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1.     AMENDATORY     26 O.S. 2001, Section 14-115, as last amended by Section 12, Chapter 485, O.S.L. 2003 (26 O.S. Supp. 2008, Section 14-115), is amended to read as follows:

Section 14-115.  If the secretary of a county election board receives a request from an incapacitated elector confined to a nursing facility, as defined in Section 1-1902 of Title 63 of the Oklahoma Statutes, or a veterans center established pursuant to Title 72 of the Oklahoma Statutes within the county of the jurisdiction of the secretary, the secretary shall cause to be implemented the following procedures:

1.  On the Thursday, Friday, Saturday or Monday preceding the election, the absentee voting board shall deliver to each registered voter who is confined to a nursing facility, as defined in Section 1-1902 of Title 63 of the Oklahoma Statutes, or a veterans center established pursuant to Title 72 of the Oklahoma Statutes and who requested ballots for an incapacitated voter said ballots and materials as may be necessary to vote same.

2.  The voter must mark the ballots in the manner hereinbefore provided 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 said 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.

3.  The voter shall then seal said ballots in the plain opaque envelope and shall seal said plain opaque envelope in the envelope bearing an affidavit.  The voter must complete said affidavit, and the signature of the voter on same must be witnessed by both members of the absentee voting board.

4.  The envelope bearing an affidavit then must be sealed in the return envelope, which shall be returned by the absentee voting board to the secretary of the county election board on the same day said affidavit was executed.

5.  Ballots cast in said manner shall be counted in the same manner as regular mail absentee ballots.

SECTION 2.  This act shall become effective November 1, 2009.

Passed the House of Representatives the 10th day of February, 2009.

	
Presiding Officer of the House of
	Representatives

Passed the Senate the 15th day of April, 2009.

	
Presiding Officer of the Senate