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ENGR. H. B. NO. 1120 Page 1
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ENGROSSED HOUSE
BILL NO. 1120 By: Lepak of the House
and
Bergstrom of the Senate
[ elections – federal election guidance – legislative
approval – notice requirement – federal funds –
State Election Board – failure to perform duty –
penalty – codification – effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-401 of Title 26, unless there
is created a duplication in numbering, reads as follows:
A. The Secretary of the State Election Board or the secretary
of a county election board shall not implement any new official
directive or guidance related to election administration or voter
registration issued by a federal agency without prior approval of
the State Legislature. Provided, if the Legislature is not in
session when such a directive or guidance is received, it may be
implemented upon the written approval of the Speaker of the Oklahoma
House of Representatives and the President Pro Tempore of the
Oklahoma State Senate.
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B. 1. The Secretary of the State Election Board, or the
secretary of a county election board, or the director of any agency
of this state, shall provide written notice to the Governor, the
Speaker of the Oklahoma House of Representatives, the President Pro
Tempore of the Oklahoma State Senate, and the Attorney General of
the following:
a. any new official directive or guidance pertaining to
the administration of elections or voter registration.
This shall apply to new directives or guidance from
the United States Department of Justice or any other
federal executive agency that is provided directly to
the Secretary of the State Election Board, or the
secretary of a county election board, or the director
of any agency of this state. The written notice shall
be provided within ten (10) business days from the
date it is received, and
b. if the Secretary of the State Election Board, or the
secretary of a county election board, intends to
implement any new federal election directive or
guidance due to an order by a court of appropriate
jurisdiction, the secretary shall provide written
notice to the Governor, the Speaker of the Oklahoma
House of Representatives, the President Pro Tempore of
the Oklahoma State Senate, and the Attorney General.
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Such notice shall include a description of the legal
basis for the implementation.
2. Nothing in this subsection shall be construed to require the
Secretary of the State Election Board or the secretary of a county
election board to provide notice about threat or intelligence
information that is marked classified, confidential, sensitive or
otherwise restricted, or if providing such a notice would be a
violation of federal or state law.
C. The Secretary of the State Election Board, or the secretary
of a county election board, shall provide written notice to the
Governor, the Speaker of the Oklahoma House of Representatives, the
President Pro Tempore of the Oklahoma State Senate, and the Attorney
General of any litigation filed against the State Election Board or
a county election board, or of any official threat of litigation, by
the United States Department of Justice or any other federal
executive agency pertaining to state election laws duly enacted by
the Legislature within ten (10) business days from the date a
complaint is received.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-402 of Title 26, unless there
is created a duplication in numbering, reads as follows:
A. 1. As used in this section, "new federal election funds"
means any federal grant, appropriation by the United States
Congress, or other federal funds that are eligible to be received by
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the Secretary of the State Election Board or the secretary of a
county election board on or after the effective date of this act.
2. Provided, new federal election funds shall not mean funding
or grants provided under the Help America Vote Act, other federal
funding or grants are authorized to be accepted by state law, or any
Cybersecurity or Physical Security subgrants provided by the
Oklahoma Office of Homeland Security.
B. Except as provided in paragraph 2 of subsection A of this
section, all new federal election funds must be approved by the
State Legislature before they may be accepted or used by the
Secretary of the State Election Board or the secretary of a county
election board. Provided, if the Legislature is not in session when
new federal election funds become available, new federal election
funds may be accepted upon the written approval of the Speaker of
the Oklahoma House of Representatives, the President Pro Tempore of
the Oklahoma State Senate, the Chair of the Senate Appropriations
Committee, and the Chair of the House of Representatives
Appropriations and Budget Committee.
C. No later than January 15, 2026, and each year thereafter,
the Secretary of the State Election Board shall publish on the State
Election Board's website the balance of all federal funds possessed
by the State Election Board for the previous two (2) years and a
description of the source of those funds. Provided, in the event
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that January 15 of any year falls on a weekend or an official state
holiday, such information shall be published the next business day.
SECTION 3. AMENDATORY 26 O.S. 2021, Section 16-114, is
amended to read as follows:
Section 16-114. Any member or employee of the State Election
Board, a county election board, absentee voting board or any
precinct official who willfully fails to perform his or her lawful
duty shall be deemed guilty of a misdemeanor.
SECTION 4. This act shall become effective January 1, 2026.
Passed the House of Representatives the 17th day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the ____ day of __________, 2025.
Presiding Officer of the Senate