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ENGR. S. B. NO. 1362 Page 1
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ENGROSSED SENATE
BILL NO. 1362 By: Kirt, Boren, and Paxton of
the Senate
and
Osburn of the House
An Act relating to in-person absentee voting;
amending 26 O.S. 2021, Section 14-115.4, which
relates to in-person absentee ballots; modifying time
for in-person absentee voting; modifying elections
eligible 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, and
Saturday immediately preceding any election conducted
by a county election board, and
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
as described in Sections 1-101, 1-102, 1-103 and 20-
101 of this title, and
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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
cast a provisional ballot as provided in Section 7-116.1 of this
title.
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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 shall sign an in-person absentee voter
record, and the signature of the voter on such record must shall 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 shall 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 possible, the voting procedure shall be the same as if the voter
were casting a vote in person at a precinct;
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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.
SECTION 2. This act shall become effective January 1, 2027.
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Passed the Senate the 10th day of March, 2026.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2026.
Presiding Officer of the House
of Representatives