1| HOUSE OF REPRESENTATIVES - FLOOR VERSION | | | 2| STATE OF OKLAHOMA | | | 3| 1st Session of the 59th Legislature (2023) | | | 4|HOUSE BILL 2504 By: Lepak of the House | | | 5| and | | | 6| Bergstrom of the Senate | | | 7| | | | 8| | | | 9| AS INTRODUCED | | | 10| An Act relating to elections; creating the Federal | | Election Communications Transparency Act of 2023; | 11| stating purpose; defining term; providing for notice | | requirement; providing for method of notice; | 12| providing penalty; creating the Unlawful | | Federalization of Elections Act of 2023; stating | 13| purpose; defining term; providing for notice | | requirement; prohibiting implementation of federal | 14| election guidance without legislative approval; | | providing penalty; creating the State Oversight of | 15| Election Funding Act of 2023; stating purpose; | | defining term; providing for notice requirement; | 16| prohibiting acceptance or disbursement of federal | | election funds without legislative approval; | 17| providing penalty; providing for codification; and | | providing an effective date. | 18| | | | 19| | | | 20| | | | 21|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 22| SECTION 1. NEW LAW A new section of law to be codified | | | 23|in the Oklahoma Statutes as Section 3-401 of Title 26, unless there | | | 24|is created a duplication in numbering, reads as follows: | | | arsid12210902 HB2504 HFLR Page 1 ___________________________________________________________________________
1| A. Section 1 of this act shall be known and may be cited as the | | | 2|"Federal Election Communications Transparency Act of 2023". | | | 3| | | | 4| B. The purpose of this section is to ensure that the Governor | | | 5|and State Legislature are made aware of all communications made or | | | 6|provided to state agencies or entities responsible for overseeing | | | 7|elections, by the United States Department of Justice or any other | | | 8|federal executive branch agency, related to elections or voting, to | | | 9|enable the state to respond as needed to ensure state agencies are | | | 10|not being unduly coerced by the federal executive branch to | | | 11|potentially violate state law, especially laws related to times, | | | 12|places, and manner of elections, responsibility for which the | | | 13|Constitution gives to the state legislatures. | | | 14| C. As used in this section, "communication" means any official | | | 15|federal directive or guidance directly provided by telephonic or | | | 16|electronic means, through the mail, or through in-person contact, | | | 17|pertaining to elections including the times, places, and manner for | | | 18|carrying out elections in this state to the Secretary of the State | | | 19|Election Board or the secretary of a county election board that is | | | 20|received on or after the date this act is signed into law. This | | | 21|includes, but is not limited to, any official guidance issued by the | | | 22|Department of Justice or employee thereof, or any other federal | | | 23|executive agency or employee thereof related to new or existing | | | 24|voting or election laws or procedures. | | | arsid12210902 HB2504 HFLR Page 2 ___________________________________________________________________________
1| D. The Secretary of the State Election Board, the secretary of | | | 2|a county election board, or any state agency, whether that agency is | | | 3|involved in the administration of elections or not, that receives an | | | 4|official communication from the United States Department of Justice | | | 5|or any other federal executive branch agency related to new or | | | 6|existing voting or election laws shall provide notice to the | | | 7|Governor, the Speaker of the Oklahoma House of Representatives, and | | | 8|the President Pro Tempore of the Oklahoma State Senate within ten | | | 9|(10) business days of receiving the communication. | | | 10| E. The notice requirement provided in subsection D of this | | | 11|section shall be presumed to have been met based on the post-marked | | | 12|date on the letters sent to the Governor, Speaker of the Oklahoma | | | 13|House of Representatives, and the Speaker Pro Tempore of the | | | 14|Oklahoma State Senate through certified mail, outlining the | | | 15|communication received or sent. | | | 16| F. A willful and intentional violation of the requirements of | | | 17|this section shall be deemed a misdemeanor as provided in Section | | | 18|16-114 of Title 26 of the Oklahoma Statutes. | | | 19| SECTION 2. NEW LAW A new section of law to be codified | | | 20|in the Oklahoma Statutes as Section 3-402 of Title 26, unless there | | | 21|is created a duplication in numbering, reads as follows: | | | 22| A. Section 2 of this act shall be known and may be cited as the | | | 23|"Unlawful Federalization of Elections Act of 2023". | | | 24| | | | arsid12210902 HB2504 HFLR Page 3 ___________________________________________________________________________
1| B. The purpose of this section is to ensure that all new | | | 2|federal election guidance has been properly reviewed by the State | | | 3|Legislature before it is carried out to ensure it is lawful and to | | | 4|provide the state with an opportunity to challenge the guidance in | | | 5|court to protect state elections. | | | 6| C. As used in this section, "new federal election guidance" | | | 7|means any official federal directive or guidance pertaining to | | | 8|elections including the times, places, and manner for carrying out | | | 9|elections that is directly provided to the Secretary of the State | | | 10|Election Board or the secretary of a county election board that is | | | 11|received on or after the date this act is signed into law. This | | | 12|includes, but is not limited to, any guidance issued by the United | | | 13|States Department of Justice or any other federal executive agency | | | 14|related to new or existing voting or election laws or procedures. | | | 15| D. If the Secretary of the State Election Board or the | | | 16|secretary of the county election board intends to implement any new | | | 17|federal election guidance contrary to existing state law, he or she | | | 18|must provide notice to the Governor, Speaker of the Oklahoma House | | | 19|of Representatives and the President Pro Tempore of the Oklahoma | | | 20|State Senate of his or her intent to do so at least thirty (30) days | | | 21|before implementing the guidance. | | | 22| E. The Secretary of the State Election Board or the secretary | | | 23|of the county election board shall not implement any federal | | | 24|directive or guidance contrary to state law without an explicit | | | arsid12210902 HB2504 HFLR Page 4 ___________________________________________________________________________
1|state or federal legal requirement to do so, including an order by a | | | 2|court of proper jurisdiction, or prior approval of the State | | | 3|Legislature. | | | 4| F. A willful and intentional violation of the requirements of | | | 5|this section shall be deemed a misdemeanor as provided in Section | | | 6|16-114 of Title 26 of the Oklahoma Statutes. | | | 7| SECTION 3. NEW LAW A new section of law to be codified | | | 8|in the Oklahoma Statutes as Section 3-403 of Title 26, unless there | | | 9|is created a duplication in numbering, reads as follows: | | | 10| A. Section 3 of this act shall be known and may be cited as the | | | 11|"State Oversight of Election Funding Act of 2023". | | | 12| B. The purpose of this section is to ensure that all election | | | 13|funding is approved by the State Legislature before it is accepted | | | 14|or disbursed to ensure it is allocated fairly and in a manner that | | | 15|will promote the State Legislature's goal of facilitating free and | | | 16|fair elections. | | | 17| C. As used in this section, "new federal election funds" means | | | 18|any federal funds received by the Secretary of the State Election | | | 19|Board or the secretary of the county election board on or after the | | | 20|effective date of this act. Nothing in this section shall be | | | 21|construed to pertain to funding provided under the Help America Vote | | | 22|Act or any other federal funding that is authorized to be accepted | | | 23|by state law or already possesses an explicit state or federal legal | | | 24| | | | arsid12210902 HB2504 HFLR Page 5 ___________________________________________________________________________
1|requirement related to its acceptance and disbursement as of the | | | 2|effective date of this act. | | | 3| D. If the Secretary of the State Election Board or the | | | 4|secretary of the county election board intends to accept or disburse | | | 5|new federal election funds, he or she must provide notice to the | | | 6|Speaker of the Oklahoma House of Representatives and the President | | | 7|Pro Tempore of the Oklahoma State Senate of his or her intent to do | | | 8|so at least thirty (30) days before accepting the funds. | | | 9| E. All new federal election funds must be approved by the State | | | 10|Legislature before they may be accepted or disbursed by the | | | 11|Secretary of the State Election Board or the secretary of the county | | | 12|election board unless explicitly required by state or federal law. | | | 13| F. A willful and intentional violation of the requirements of | | | 14|this section shall be deemed a misdemeanor as provided in Section | | | 15|16-114 of Title 26 of the Oklahoma Statutes. | | | 16| SECTION 4. This act shall become effective November 1, 2023. | | | 17| | | | 18|COMMITTEE REPORT BY: COMMITTEE ON ELECTIONS AND ETHICS, dated | |02/22/2023 - DO PASS, As Coauthored. | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | arsid12210902 HB2504 HFLR Page 6