STATE OF OKLAHOMA

1st Session of the 52nd Legislature (2009)

SENATE BILL 440	By:	Eason McIntyre

AS INTRODUCED

An Act relating to elections; amending 26 O.S. 2001, Sections 14-105, 14-110.1, 14-114, as amended by Section 17, Chapter 447, O.S.L. 2002 and 14-117, as amended by Section 15, Chapter 485, O.S.L. 2003 (26 O.S. Supp. 2008, Sections 14-114 and 14-117), which relate to absentee ballots; providing that applications for absentee ballots be considered valid until occurrence of specified circumstances; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     26 O.S. 2001, Section 14-105, is amended to read as follows:
Section 14-105.  Any registered voter may apply for an absentee ballot in person at the county election board, by United States mail, by telegraph or by facsimile device as defined in Section 1862 of Title 21 of the Oklahoma Statutes.  Such applications shall be considered valid until one of the following circumstances occurs:
1.  The voter makes a written request to no longer receive absentee ballots;
2.  The voter ceases to be registered; or
3.  The voter does not return any absentee ballots to the county election board for at least two successive general elections.
The Secretary of the State Election Board shall prescribe a form to be used for said application, although any application setting forth substantially the same facts shall be valid.
SECTION 2.     AMENDATORY     26 O.S. 2001, Section 14-110.1, is amended to read as follows:
Section 14-110.1  A.  A registered voter who swears or affirms that the voter is physically unable to vote in person at the precinct on the day of the election because the voter is:
1.   Physically incapacitated; or
2.   Charged with the care of another person who is physically incapacitated and who cannot be left unattended;
may apply for an absentee ballot by United States mail, by telegraph or by facsimile device as defined by Section 1862 of Title 21 of the Oklahoma Statutes.
B.  Such applications shall be considered valid until one of the following circumstances occurs:
1.  The voter makes a written request to no longer receive absentee ballots;
2.  The voter ceases to be registered; or
3.  The voter does not return any absentee ballots to the county election board for at least two successive general elections.
C.  The Secretary of the State Election Board shall prescribe a form to be used for said application, although any application setting forth substantially the same facts shall be valid.
SECTION 3.     AMENDATORY     26 O.S. 2001, Section 14-114, as amended by Section 17, Chapter 447, O.S.L. 2002 (26 O.S. Supp. 2008, Section 14-114), is amended to read as follows:
Section 14-114.  If the secretary of a county election board receives such a request from an incapacitated elector confined to a nursing facility, as defined in Section 1-1902 of Title 63 of the Oklahoma Statutes, outside the county of jurisdiction of the secretary, the secretary shall provide ballots and materials by mail in the manner hereinbefore prescribed.
Such requests shall be considered valid until one of the following circumstances occurs:
1.  The voter makes a written request to no longer receive absentee ballots;
2.  The voter ceases to be registered; or
3.  The voter does not return any absentee ballots to the county election board for at least two successive general elections.
SECTION 4.     AMENDATORY     26 O.S. 2001, Section 14-117, as amended by Section 15, Chapter 485, O.S.L. 2003 (26 O.S. Supp. 2008, Section 14-117), is amended to read as follows:
Section 14-117.  A.  Electors identified by Section 14-116 of this title may apply for absentee ballots as provided for in the federal Uniformed and Overseas Citizens Absentee Voting Act of 1986, as amended, or by letter setting forth substantially the same facts.
B.  Such applications shall be considered valid until one of the following circumstances occurs:
1.  The voter makes a written request to no longer receive absentee ballots;
2.  The voter ceases to be registered; or
3.  The voter does not return any absentee ballots to the county election board for at least two successive general elections.
C.  Said application shall be transmitted by United States mail or by facsimile device as defined in Section 1862 of Title 21 of the Oklahoma Statutes to the secretary of the county election board of the elector's residence.
SECTION 5.  This act shall become effective November 1, 2009.

52-1-153	CD	1/7/2009 3:55:18 PM