ENGROSSED SENATE
BILL NO. 737	By:	Jolley of the Senate

			and

		DeWitt of the House

An Act relating to election precincts and subprecincts; amending 26 O.S. 2001, Sections 3-116, 3-118 and 3-119, as last amended by Section 20, Chapter 1, O.S.L. 2005 (26 O.S. Supp. 2010, Section 3-119), which relate to precincts and subprecincts; modifying basis for precinct boundary lines; providing exception; clarifying language; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     26 O.S. 2001, Section 3-116, is amended to read as follows:
Section 3-116.  A.  The boundary line of any precinct shall not cross the boundary line of any district court judicial district electoral division or any congressional, legislative or county commissioner district.
B.  Boundaries of all precincts shall enclose a contiguous area and follow clearly visible, definable and observable physical boundaries which are based upon either criteria established and recognized by the Bureau of the Census of the United States Department of Commerce for purposes of defining census blocks for its decennial census or a section line defined by a public land survey system description, provided that no municipal or school district boundary that is not such a visible, definable and observable physical boundary or section line shall be used as a precinct boundary.
SECTION 2.     AMENDATORY     26 O.S. 2001, Section 3-118, is amended to read as follows:
Section 3-118.  The county election board in each county may change the boundaries of, abolish or consolidate any precinct, subject to the limitations provided by law, by observing the following procedure:
1.  No precinct shall be created, divided, abolished or consolidated, or any boundary otherwise changed between January 1 of any year which last digit is nine and December 31 of any year which last digit is zero. ;
2.  After January 1, 1992, a county election board shall only change a precinct by dividing or consolidating a precinct into two or more precincts in a manner which will conform to designated census geography except or section lines defined by a public land survey system description; provided, when it becomes necessary , for reasons of a lack of an adequate available polling place, or when road conditions hinder or impede a voter's ability to vote reach a polling place, or to accomplish reapportionment, it becomes necessary to consolidate a part of a precinct with adjacent precincts, a such part or parts may be consolidated. without conformance to census geography or section lines;
3.  Changes may not become effective until notices of such changes have been posted and mailed as provided in this paragraph for thirty (30) days.  One notice shall be posted at the door of the polling place for the affected precinct, one notice posted at the door of the county courthouse and one notice shall be mailed to the State Election Board. ;
4.  The registration of each registered voter affected by such change shall be transferred as provided by law by the secretary of the county election board without any request from said voter. ; and
5.  Each registered voter whose registration is transferred as hereinbefore provided shall be notified of such transfer in writing by the secretary of the county election board.  At the same time, the voter shall be issued a new voter identification card and shall be instructed to destroy his former voter identification card.
SECTION 3.     AMENDATORY     26 O.S. 2001, Section 3-119, as last amended by Section 20, Chapter 1, O.S.L. 2005 (26 O.S. Supp. 2010, Section 3-119), is amended to read as follows:
Section 3-119.  A.  Except as provided in subsection B of this section, if fewer than two hundred registered voters are affected, an area constituting the maximum area possible without crossing boundaries of any district court judicial district electoral division or any congressional, legislative or county commissioner district may be designated as a subprecinct.
B.  In metropolitan statistical areas, if fewer than three hundred registered voters are affected, an area constituting the maximum area possible without crossing boundaries of any district court judicial district electoral division or any congressional, legislative or county commissioner district may be designated as a subprecinct.
C.  Registration records shall be maintained for subprecincts in like manner as for other precincts.  Subprecincts need not have a polling place separate from another precinct, nor shall they be required to have a precinct election board.  The secretary of the county election board may authorize registered voters of a subprecinct to vote at a specific adjacent precinct.  Provided, separate election materials shall be there afforded for the subprecinct in order that a separate certification will shall be made of the subprecinct’s election results.  Appropriate ballots shall be issued to the voters of the subprecinct.
SECTION 4.  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.
Passed the Senate the 8th day of March, 2011.

	
Presiding Officer 	of the Senate

Passed the House of Representatives the ____ day of __________, 2011.

	
Presiding Officer of the House
	of Representatives