STATE OF OKLAHOMA

2nd Session of the 53rd Legislature (2012)

HOUSE BILL 2821	By:	Roberts (Sean)

AS INTRODUCED

An Act relating to elections; amending 26 O.S. 2011, Section 7-114, which relates to conduct of elections; modifying voter identification card exception; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     26 O.S. 2011, Section 7-114, is amended to read as follows:
Section 7-114.  A.  Each person appearing to vote shall announce that person’s name to the judge of the precinct and shall provide proof of identity, whereupon the judge shall determine whether the person's name is in the precinct registry.  As used in this section, “proof of identity” shall mean a document that satisfies all of the following:
1.  The document shows the name of the person to whom the document was issued, and the name substantially conforms to the name in the precinct registry;
2.  The document shows a photograph of the person to whom the document was issued;
3.  The document includes an expiration date, which is after the date of the election in which the person is appearing to vote.  The provisions of this paragraph shall not apply to an identification card issued to a person sixty-five (65) years of age or older which is valid indefinitely, as provided in Section 6-105.3 of Title 47 of the Oklahoma Statutes; and
4.  The document was issued by the United States, the State of Oklahoma or the government of a federally recognized Indian tribe or nation.
Provided, if the person presents a voter identification card issued by the appropriate county election board, such card may serve as proof of identity without meeting the requirements of paragraphs 2 and 3 of this subsection.
B.  1.  If a person declines to or is unable to produce proof of identity, the person 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.
SECTION 2.  This act shall become effective July 1, 2012.
SECTION 3.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.

53-2-8960	LRB	01/03/12