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Oklahoma Legislature· SB 654Second Reading referred to Judiciary

An act relating to elections, the official text

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1                  STATE OF OKLAHOMA

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

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3 SENATE BILL 654                       By: Paxton
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6                  AS INTRODUCED

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

7   Section 14-101.1, as last amended by Section 17,

8   Chapter 452, O.S.L. 2024 (26 O.S. Supp. 2024, Section

8   14-101.1), which relates to absentee ballot

9   harvesting; modifying certain definition; amending 26

9   O.S. 2021, Section 14-108.1, which relates to notary

10  public as it relates to absentee ballots and

10  affidavits; creating a certain misdemeanor offense;

11  and providing an effective date.

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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15  SECTION 1.     AMENDATORY  26 O.S. 2021, Section 14-101.1, as

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16 last amended by Section 17, Chapter 452, O.S.L. 2024 (26 O.S. Supp.
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17 2024, Section 14-101.1), is amended to read as follows:
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18  Section 14-101.1. A. For the purposes of this section,

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19 "absentee ballot harvesting" means:
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20  1. Collecting or obtaining an absentee ballot from another

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21 person with the intent to submit, transmit or return the ballot to
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22 election officials on behalf of that person;
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23  2. Submitting, returning or transmitting an absentee ballot to

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24 election officials on behalf of another person;
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    Req. No. 303                                              Page 1
1   3. Collecting or obtaining an absentee ballot from another

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2 person under a false pretense or promise of transmitting, returning
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3 or submitting it to election officials on behalf of that person;
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4   4. Requesting or receiving an absentee ballot on behalf of

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5 another person; or
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6   5. Distributing an absentee ballot application or request to a

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7 voter using the official letterhead of a candidate or elected
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8 official;
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9   6. Partially or fully completing an application for an absentee

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10 ballot on behalf of another person without that person's prior
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11 consent; or
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12  7. Notarizing or witnessing more absentee ballots than allowed

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13 by law.
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14  B. Absentee ballot harvesting shall be unlawful at any election

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15 conducted by a county election board, the State Election Board or
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16 any political subdivision of this state; provided, the following
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17 shall not be deemed to be ballot harvesting:
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18  1. A voter's assistant or agent acting pursuant to law as

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19 otherwise allowed by this title;
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20  2. An absentee voting board member, as described in this title,

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21 who assists a voter confined to a nursing home or State Veterans
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22 Home pursuant to law;
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23  3. An employee of the Federal Voting Assistance Program, the

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24 United States Department of Defense or the Oklahoma National Guard
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    Req. No. 303                                 Page 2
1 who assists a uniformed-services voter in returning or transmitting
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2 an absentee ballot;
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3   4. A spouse, relative in the first or second degree of

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4 consanguinity or affinity or cohabitant of a voter who forwards an
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5 absentee ballot to the voter when absent from the home;
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6   5. A voter's spouse who, with the voter's consent, returns the

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7 voter's absentee ballot by mail; or
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8   6. An official action by an election official that is required

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9 or authorized by law.
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10  SECTION 2.    AMENDATORY    26 O.S. 2021, Section 14-108.1, is

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11 amended to read as follows:
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12  Section 14-108.1. A. Neither a notary public nor an agent

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13 working on behalf of a notary public shall be authorized to:
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14  1. Request absentee ballots on behalf of a voter other than

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15 himself or herself;
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16  2. Assist a voter in requesting absentee ballots, other than

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17 for himself or herself or a member of his or her household;
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18  3. Receive by mail an absentee ballot on behalf of a voter,

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19 other than for himself or herself or a member of his or her
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20 household; or
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21  4. Submit a completed absentee ballot on behalf of a voter

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22 other than for himself or herself.
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    Req. No. 303                                                Page 3
1   B. A notary public shall maintain a log of all absentee ballot

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2 affidavits that he or she notarizes for a period of at least two (2)
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3 years after the date of the election.
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4   C. 1. A notary public shall be authorized to notarize a

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5 maximum of twenty absentee ballot affidavits for a single election,
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6 except as provided in paragraphs 2 and 3 of this subsection.
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7   2. A notary public may be authorized to notarize more than

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8 twenty absentee ballot affidavits at a single election with the
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9 written approval of the secretary of the county election board.
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10 Such approval shall apply for affidavits notarized within the county
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11 served by the county election board secretary.
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12  3. The limitation required by this subsection shall not apply

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13 to the notarizing of absentee ballot affidavits at the place of
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14 business of a notary public that is open to the general public
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15 during the normal business hours of the notary public.
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16  D. 1. If more than ten absentee ballots for a single election

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17 are requested to be mailed to a single mailing address, the
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18 secretary of the county election board shall immediately notify the
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19 district attorney for that county and the Secretary of the State
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20 Election Board.
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21  2. Upon receipt of such notification, the district attorney, or

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22 a member of law enforcement designated by the district attorney,
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23 shall investigate any possible criminal violation of the law related
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24 to the absentee ballot requests.
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    Req. No. 303                                                Page 4
1   3. Provided, this notification requirement shall not apply to

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2 requests for absentee ballots to be sent to the addresses of nursing
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3 homes, veterans centers, medical facilities, multiunit housing,
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4 installations of the Armed Forces of the United States where
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5 uniformed or overseas voters, as defined by the Uniformed and
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6 Overseas Citizens Absentee Voting Act, are stationed or other
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7 locations authorized in writing by the Secretary of the State
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8 Election Board.
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9   E. The provisions of this section shall only apply to an

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10 election conducted by a county election board, the State Election
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11 Board or a political subdivision of this state.
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12  F. A notary public who knowingly and intentionally violates the

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13 restrictions and requirements provided in this section, upon
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14 conviction, shall be guilty of a misdemeanor, punishable as provided
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15 for in Section 16-110 of this title.
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16  SECTION 3. This act shall become effective November 1, 2025.

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18  60-1-303       BG  1/19/2025 5:40:47 AM

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    Req. No. 303                                    Page 5
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