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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 129 By: Kirt
AS INTRODUCED
An Act relating to absentee voting; amending 26 O.S.
2021, Section 14-115.4, which relates to in-person
absentee voting; increasing number of days for in-
person absentee voting; updating statutory language;
and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 26 O.S. 2021, Section 14-115.4, is
amended to read as follows:
Section 14-115.4. A. 1. A registered voter may apply for an
in-person absentee ballot at a location designated by the secretary
of the county election board from:
a. 8 a.m. to 6 p.m. on the Thursday and Friday fourteen
calendar days immediately preceding any election
conducted by a county election board,
b. 8 a.m. to 2 p.m. on the Saturday immediately preceding
a General Election, Primary Election, Runoff Primary
Election or Presidential Preferential Primary Election
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as described in Sections 1-101, 1-102, 1-103 and 20-
101 of this title, and
c. 8 a.m. to 6 p.m. on the Wednesday immediately
preceding a General Election as described in Section
1-101 of this title.
2. As part of the application for an in-person absentee ballot
such registered voter shall swear or affirm that the voter has not
voted a regular mail absentee ballot and that the voter will not
vote at the regular polling place in the election for which the in-
person absentee ballot is requested.
3. The secretary of the county election board in counties with
twenty-five thousand (25,000) or more registered voters, or with an
area in excess of one thousand five hundred (1,500) square miles,
may designate more than one location as an in-person absentee
polling place for an election, subject to the approval of and
pursuant to the procedures prescribed by the Secretary of the State
Election Board.
B. 1. The voter also shall provide proof of identity as
defined in Section 7-114 of this title. If the voter declines to or
is unable to produce proof of identity, the voter may sign a
statement under oath, in a form approved by the Secretary of the
State Election Board, swearing or affirming that the person is the
person identified on the precinct registry, and shall be allowed to
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cast a provisional ballot as provided in Section 7-116.1 of this
title.
2. False swearing or affirming under oath shall be punishable
as a felony as provided in Section 16-103 of this title, and the
penalty shall be distinctly set forth on the face of the statement.
C. One or more absentee voting boards shall be on duty at the
in-person absentee polling place on the days and during the hours
set forth in subsection A of this section. If the secretary of a
county election board receives an application from a registered
voter requesting to vote by in-person absentee ballot, the secretary
shall cause to be implemented the following procedures:
1. An absentee voting board shall provide to each registered
voter who applies for an in-person absentee ballot appropriate
ballots and materials as may be necessary to vote;
2. The voter must sign an in-person absentee voter record, and
the signature of the voter on such record must be certified by both
members of the absentee voting board, except that the secretary of
the county election board and one other member of the absentee
voting board may certify the signature of another member of the
absentee voting board;
3. The voter must mark the ballots of the voter in the manner
provided by law in the presence of the absentee voting board, but in
such a manner as to make it impossible for any person other than the
voter to ascertain how such ballots are marked. Insofar as is
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possible, the voting procedure shall be the same as if the voter
were casting a vote in person at a precinct;
4. The voter shall then deposit the ballot in a voting device
designated for in-person absentee voting by the secretary of the
county election board;
5. When the in-person polling place is closed on each day of
in-person absentee voting, the in-person absentee voting board
shall, without obtaining a printout of results, remove the
electronic results storage media from the voting device and seal
ballots counted that day in a transfer case which shall be secured
by the sheriff of the county in the same manner as provided in
Section 8-110 of this title. The electronic results storage media
shall be sealed in a container prescribed by the Secretary of the
State Election Board. The sheriff shall secure the sealed
electronic results storage media container and return it to the in-
person absentee voting board no later than 7:45 a.m. on the next day
of in-person absentee voting or to the secretary of the county
election board at the time of the county election board meeting to
count absentee ballots on election day; and
6. If there is a malfunction in such a way that the electronic
results storage media used for in-person absentee voting will not
function, the sheriff is authorized to return the transfer cases
containing in-person absentee ballots to the county election board
to be recounted as provided in Section 7-134.1 of this title.
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SECTION 2. This act shall become effective January 1, 2026.
60-1-225 TEK 12/27/2024 1:40:01 PM