SB 1362

1  ENGROSSED SENATE
 BILL NO. 1362  By: Kirt, Boren, and Paxton of
2the Senate
3and
4Osburn of the House
5
6An Act relating to in-person absentee voting;
        amending 26 O.S. 2021, Section 14-115.4, which
7relates to in-person absentee ballots; modifying time
        for in-person absentee voting; modifying elections
8eligible for in-person absentee voting; updating
        statutory language; and providing an effective date.
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11 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
12     SECTION 1.        AMENDATORY      26 O.S. 2021, Section 14-115.4, is
13 amended to read as follows:
14     Section 14-115.4.    A.   1.   A registered voter may apply for an
15 in-person absentee ballot at a location designated by the secretary
16 of the county election board from:
17a.       8 a.m. to 6 p.m. on the Thursday and, Friday, and
18Saturday immediately preceding any election conducted
19by a county election board, and
20b.       8 a.m. to 2 p.m. on the Saturday immediately preceding
21a General Election, Primary Election, Runoff Primary
22Election or Presidential Preferential Primary Election
23as described in Sections 1-101, 1-102, 1-103 and 20-
24101 of this title, and
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1c.    8 a.m. to 6 p.m. on the Wednesday immediately
2preceding a General Election as described in Section
31-101 of this title.
4      2.   As part of the application for an in-person absentee ballot
5  such registered voter shall swear or affirm that the voter has not
6  voted a regular mail absentee ballot and that the voter will not
7  vote at the regular polling place in the election for which the in-
8  person absentee ballot is requested.
9      3.   The secretary of the county election board in counties with
10 twenty-five thousand (25,000) or more registered voters, or with an
11 area in excess of one thousand five hundred (1,500) square miles,
12 may designate more than one location as an in-person absentee
13 polling place for an election, subject to the approval of and
14 pursuant to the procedures prescribed by the Secretary of the State
15 Election Board.
16     B.   1.   The voter also shall provide proof of identity as
17 defined in Section 7-114 of this title.    If the voter declines to or
18 is unable to produce proof of identity, the voter may sign a
19 statement under oath, in a form approved by the Secretary of the
20 State Election Board, swearing or affirming that the person is the
21 person identified on the precinct registry, and shall be allowed to
22 cast a provisional ballot as provided in Section 7-116.1 of this
23 title.
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1      2.   False swearing or affirming under oath shall be punishable
2  as a felony as provided in Section 16-103 of this title, and the
3  penalty shall be distinctly set forth on the face of the statement.
4      C.   One or more absentee voting boards shall be on duty at the
5  in-person absentee polling place on the days and during the hours
6  set forth in subsection A of this section.     If the secretary of a
7  county election board receives an application from a registered
8  voter requesting to vote by in-person absentee ballot the secretary
9  shall cause to be implemented the following procedures:
10     1.   An absentee voting board shall provide to each registered
11 voter who applies for an in-person absentee ballot appropriate
12 ballots and materials as may be necessary to vote;
13     2.   The voter must shall sign an in-person absentee voter
14 record, and the signature of the voter on such record must shall be
15 certified by both members of the absentee voting board, except that
16 the secretary of the county election board and one other member of
17 the absentee voting board may certify the signature of another
18 member of the absentee voting board;
19     3.   The voter must shall mark the ballots of the voter in the
20 manner provided by law in the presence of the absentee voting board,
21 but in such a manner as to make it impossible for any person other
22 than the voter to ascertain how such ballots are marked.     Insofar as
23 is possible, the voting procedure shall be the same as if the voter
24 were casting a vote in person at a precinct;
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1      4.   The voter shall then deposit the ballot in a voting device
2  designated for in-person absentee voting by the secretary of the
3  county election board;
4      5.   When the in-person polling place is closed on each day of
5  in-person absentee voting the in-person absentee voting board shall,
6  without obtaining a printout of results, remove the electronic
7  results storage media from the voting device and seal ballots
8  counted that day in a transfer case which shall be secured by the
9  sheriff of the county in the same manner as provided in Section 8-
10 110 of this title.     The electronic results storage media shall be
11 sealed in a container prescribed by the Secretary of the State
12 Election Board.    The sheriff shall secure the sealed electronic
13 results storage media container and return it to the in-person
14 absentee voting board no later than 7:45 a.m. on the next day of in-
15 person absentee voting or to the secretary of the county election
16 board at the time of the county election board meeting to count
17 absentee ballots on election day; and
18     6.   If there is a malfunction in such a way that the electronic
19 results storage media used for in-person absentee voting will not
20 function, the sheriff is authorized to return the transfer cases
21 containing in-person absentee ballots to the county election board
22 to be recounted as provided in Section 7-134.1 of this title.
23     SECTION 2.    This act shall become effective January 1, 2027.
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1     Passed the Senate the 10th day of March, 2026.
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                                   Presiding Officer of the Senate
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5     Passed the House of Representatives the ____ day of __________,
6  2026.
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                                    Presiding Officer of the House
9of Representatives
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