STATE OF OKLAHOMA

1st Session of the 52nd Legislature (2009)

SENATE BILL 5	By:	Gumm

AS INTRODUCED

An Act relating to elections; amending 26 O.S. 2001, Section 1-104, which relates to voter registration; allowing recognized political party to allow non-members to vote in certain elections; providing procedures therefor; specifying certain duties of Secretary of State Election Board and secretaries of county election boards; requiring certain certification and notification; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     26 O.S. 2001, Section 1-104, is amended to read as follows:
Section 1-104.  A.  No registered voter shall be permitted to vote in any Primary Election or Runoff Primary Election of any political party except the political party of which his the voter’s registration form shows him the voter to be a member, except as otherwise provided by this section.
B.  1.  A recognized political party may permit registered voters designated as Independents pursuant to the provisions of Section 4‑112 of this title to vote in a Primary Election or Runoff Primary Election of the party.
2.  The state chairman chair of the party shall, between November 1 and 30 of every odd‑numbered year, notify the Secretary of the State Election Board as to whether or not the party intends to permit registered voters designated as Independents to vote in a Primary Election or Runoff Primary Election of the party.  If the state chairman notifies the Secretary of the State Election Board of the party's intention to so permit, registered voters designated as Independents shall be permitted to vote in any Primary Election or Runoff Primary Election of the party held in the following two (2) calendar years.  If the state chairman chair of one party notifies the Secretary of the State Election Board of the party's intent to so permit, the notification period specified in this paragraph shall be extended to December 15 for the state chairman of any other party to so notify or to change prior notification.  A registered voter designated as Independent shall not be permitted to vote in a Primary Election or Runoff Primary Election of more than one party.
3.  Failure to so notify the Secretary of the State Election Board shall serve to prohibit registered voters designated as Independents from voting in a Primary Election or Runoff Primary Election of the party.
4. 2.  A group of persons seeking to form a recognized political party pursuant to the provisions of Section 1‑108 of this title shall, upon filing of the petitions seeking recognition of the political party with the Secretary of the State Election Board, notify the Secretary of the State Election Board as to whether or not the party intends to permit registered voters designated as Independents to vote in a Primary Election or Runoff Primary Election of the party.  If the party is recognized and the group of persons seeking recognition of the party notifies the Secretary of the State Election Board of such intention, registered voters designated as Independents shall be permitted to vote in any Primary Election or Runoff Primary Election of the party held prior to January 1 of the following even‑numbered year.
3.  For any office which will be filled at a Primary or Runoff Primary election, the recognized political party of which the candidates for such office are members may permit registered voters designated as Independents or members of any other recognized political party to vote in such election.  The Secretary of the State Election Board, for offices for which declarations of candidacy are filed with the Secretary of the State Election Board, and the secretary of the county election board, for offices for which declarations of candidacy are filed with the secretary of the county election board, shall certify a list of offices subject to the provisions of this paragraph and shall provide such list to the state chair of the recognized political party of which such candidates are members not later than ten (10) calendar days after the end of the filing period for declarations of candidacy for the office.  If the recognized political party desires to permit registered voters who are not members to vote as provided in this paragraph, the state chair shall so notify the Secretary of the State Election Board in writing within five (5) calendar days of receipt of such list.  If the state chair notifies the Secretary of the State Election Board of the party's intention to so permit, registered voters designated as Independents and members of any other recognized political party shall be permitted to vote, only for those offices certified as provided in this paragraph, in any Primary Election or Runoff Primary Election of the party.
SECTION 2.  This act shall become effective November 1, 2009.

52-1-18	CD	11/17/2008 1:14:55 PM