An act relating to elections, the official text

1                       STATE OF OKLAHOMA

2                 1st Session of the 60th Legislature (2025)

3 HOUSE BILL 2191                 By: Wolfley

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5

6                               AS INTRODUCED

7   An Act relating to elections; amending 26 O.S. 2021,

    Section 14-108.1, which relates to notary public

8   restrictions; clarifying certain log requirements;

    providing exceptions; providing penalties; and

9   providing an effective date.

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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

13  SECTION 1.      AMENDATORY  26 O.S. 2021, Section 14-108.1, is

14 amended to read as follows:

15  Section 14-108.1. A. Neither a notary public nor an agent

16 working on behalf of a notary public shall be authorized to:

17  1. Request absentee ballots on behalf of a voter other than

18 himself or herself;

19  2. Assist a voter in requesting absentee ballots, other than

20 for himself or herself or a member of his or her household;

21  3. Receive by mail an absentee ballot on behalf of a voter,

22 other than for himself or herself or a member of his or her

23 household; or

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    Req. No. 11064                                               Page 1
1   4. Submit a completed absentee ballot on behalf of a voter

2 other than for himself or herself.

3   B. 1. A notary public shall maintain a log of all absentee

4 ballot affidavits that he or she notarizes for a period of at least

5 two (2) years after the date of the election. The log shall include

6 the name and address of the voter and the date, time, and location

7 of the notarization.

8   2. a. A notary public who is authorized to notarize more

9   than twenty absentee ballot affidavits at a single

10  election, as provided in paragraph 2 of subsection C

11  of this section, shall submit a copy of the log to the

12  secretary of the county election board who granted the

13  written permission. The copy of the log must be

14  received by the secretary of the county election board

15  no later than the close of business on the fifth

16  business day following the date of the election.

17  b. The log shall be a public record and shall be

18  maintained by the secretary of the county election

19  board pursuant to Section 3-126 of this title.

20  c. A notary public who fails to submit the log as

21  required by this section, or who notarizes more than

22  twenty absentee ballots without authorization pursuant

23  to paragraph 2 of subsection C of this section, shall

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    Req. No. 11064                                              Page 2
1   have his or her notary public appointment revoked for

2   eight (8) years by the Secretary of State.

3   C. 1. If a notary public willfully and intentionally violates

4 the provisions of this section, then that notary public shall be

5 guilty of a misdemeanor and subject to a fine of up to Five Hundred

6 Dollars ($500.00).

7   1. 2. A notary public shall be authorized to notarize a maximum

8 of twenty absentee ballot affidavits for a single election, except

9 as provided in paragraphs 2 and 3 of this subsection.

10  2. 3. A notary public may be authorized to notarize more than

11 twenty absentee ballot affidavits at a single election with the

12 written approval of the secretary of the county election board.

13 Such approval shall apply for affidavits notarized within the county

14 served by the county election board secretary.

15  3. 4. The limitation required by this subsection shall not

16 apply to the notarizing of absentee ballot affidavits at the place

17 of business of a notary public that is open to the general public

18 during the normal business hours of the notary public.

19  D. 1. If more than ten absentee ballots for a single election

20 are requested to be mailed to a single mailing address, the

21 secretary of the county election board shall immediately notify the

22 district attorney for that county and the Secretary of the State

23 Election Board.

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    Req. No. 11064                                                  Page 3
1   2. Upon receipt of such notification, the district attorney, or

2 a member of law enforcement designated by the district attorney,

3 shall investigate any possible criminal violation of the law related

4 to the absentee ballot requests.

5   3. Provided, this notification requirement shall not apply to

6 requests for absentee ballots to be sent to the addresses of nursing

7 homes, veterans centers, medical facilities, multiunit housing,

8 installations of the Armed Forces of the United States where

9 uniformed or overseas voters, as defined by the Uniformed and

10 Overseas Citizens Absentee Voting Act, are stationed or other

11 locations authorized in writing by the Secretary of the State

12 Election Board.

13  E. The provisions of this section shall only apply to an

14 election conducted by a county election board, the State Election

15 Board or a political subdivision of this state.

16  SECTION 2. This act shall become effective November 1, 2025.

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18  60-1-11064      MJ  12/31/24

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    Req. No. 11064                                                 Page 4