1| STATE OF OKLAHOMA | | | 2| 1st Session of the 59th Legislature (2023) | | | 3|HOUSE BILL 2504 By: Lepak | | | 4| | | | 5| | | | 6| AS INTRODUCED | | | 7| An Act relating to elections; creating the Federal | | Election Communications Transparency Act of 2023; | 8| stating purpose; defining term; providing for notice | | requirement; providing for method of notice; | 9| providing penalty; creating the Unlawful | | Federalization of Elections Act of 2023; stating | 10| purpose; defining term; providing for notice | | requirement; prohibiting implementation of federal | 11| election guidance without legislative approval; | | providing penalty; creating the State Oversight of | 12| Election Funding Act of 2023; stating purpose; | | defining term; providing for notice requirement; | 13| prohibiting acceptance or disbursement of federal | | election funds without legislative approval; | 14| providing penalty; providing for codification; and | | providing an effective date. | 15| | | | 16| | | | 17| | | | 18|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 19| SECTION 1. NEW LAW A new section of law to be codified | | | 20|in the Oklahoma Statutes as Section 3-401 of Title 26, unless there | | | 21|is created a duplication in numbering, reads as follows: | | | 22| A. Section 1 of this act shall be known and may be cited as the | | | 23|"Federal Election Communications Transparency Act of 2023". | | | 24| | | | Req. No. 5751 Page 1 ___________________________________________________________________________
1| B. The purpose of this section is to ensure that the Governor | | | 2|and State Legislature are made aware of all communications made or | | | 3|provided to state agencies or entities responsible for overseeing | | | 4|elections, by the United States Department of Justice or any other | | | 5|federal executive branch agency, related to elections or voting, to | | | 6|enable the state to respond as needed to ensure state agencies are | | | 7|not being unduly coerced by the federal executive branch to | | | 8|potentially violate state law, especially laws related to times, | | | 9|places, and manner of elections, responsibility for which the | | | 10|Constitution gives to the state legislatures. | | | 11| C. As used in this section, "communication" means any official | | | 12|federal directive or guidance directly provided by telephonic or | | | 13|electronic means, through the mail, or through in-person contact, | | | 14|pertaining to elections including the times, places, and manner for | | | 15|carrying out elections in this state to the Secretary of the State | | | 16|Election Board or the secretary of a county election board that is | | | 17|received on or after the date this act is signed into law. This | | | 18|includes, but is not limited to, any official guidance issued by the | | | 19|Department of Justice or employee thereof, or any other federal | | | 20|executive agency or employee thereof related to new or existing | | | 21|voting or election laws or procedures. | | | 22| D. The Secretary of the State Election Board, the secretary of | | | 23|a county election board, or any state agency, whether that agency is | | | 24|involved in the administration of elections or not, that receives an | | | Req. No. 5751 Page 2 ___________________________________________________________________________
1|official communication from the United States Department of Justice | | | 2|or any other federal executive branch agency related to new or | | | 3|existing voting or election laws shall provide notice to the | | | 4|Governor, the Speaker of the Oklahoma House of Representatives, and | | | 5|the President Pro Tempore of the Oklahoma State Senate within ten | | | 6|(10) business days of receiving the communication. | | | 7| E. The notice requirement provided in subsection D of this | | | 8|section shall be presumed to have been met based on the post-marked | | | 9|date on the letters sent to the Governor, Speaker of the Oklahoma | | | 10|House of Representatives, and the Speaker Pro Tempore of the | | | 11|Oklahoma State Senate through certified mail, outlining the | | | 12|communication received or sent. | | | 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 2. NEW LAW A new section of law to be codified | | | 17|in the Oklahoma Statutes as Section 3-402 of Title 26, unless there | | | 18|is created a duplication in numbering, reads as follows: | | | 19| A. Section 2 of this act shall be known and may be cited as the | | | 20|"Unlawful Federalization of Elections Act of 2023". | | | 21| B. The purpose of this section is to ensure that all new | | | 22|federal election guidance has been properly reviewed by the State | | | 23|Legislature before it is carried out to ensure it is lawful and to | | | 24| | | | Req. No. 5751 Page 3 ___________________________________________________________________________
1|provide the state with an opportunity to challenge the guidance in | | | 2|court to protect state elections. | | | 3| C. As used in this section, "new federal election guidance" | | | 4|means any official federal directive or guidance pertaining to | | | 5|elections including the times, places, and manner for carrying out | | | 6|elections that is directly provided to the Secretary of the State | | | 7|Election Board or the secretary of a county election board that is | | | 8|received on or after the date this act is signed into law. This | | | 9|includes, but is not limited to, any guidance issued by the United | | | 10|States Department of Justice or any other federal executive agency | | | 11|related to new or existing voting or election laws or procedures. | | | 12| D. If the Secretary of the State Election Board or the | | | 13|secretary of the county election board intends to implement any new | | | 14|federal election guidance contrary to existing state law, he or she | | | 15|must provide notice to the Governor, Speaker of the Oklahoma House | | | 16|of Representatives and the President Pro Tempore of the Oklahoma | | | 17|State Senate of his or her intent to do so at least thirty (30) days | | | 18|before implementing the guidance. | | | 19| E. The Secretary of the State Election Board or the secretary | | | 20|of the county election board shall not implement any federal | | | 21|directive or guidance contrary to state law without an explicit | | | 22|state or federal legal requirement to do so, including an order by a | | | 23|court of proper jurisdiction, or prior approval of the State | | | 24|Legislature. | | | Req. No. 5751 Page 4 ___________________________________________________________________________
1| F. A willful and intentional violation of the requirements of | | | 2|this section shall be deemed a misdemeanor as provided in Section | | | 3|16-114 of Title 26 of the Oklahoma Statutes. | | | 4| SECTION 3. NEW LAW A new section of law to be codified | | | 5|in the Oklahoma Statutes as Section 3-403 of Title 26, unless there | | | 6|is created a duplication in numbering, reads as follows: | | | 7| A. Section 3 of this act shall be known and may be cited as the | | | 8|"State Oversight of Election Funding Act of 2023". | | | 9| B. The purpose of this section is to ensure that all election | | | 10|funding is approved by the State Legislature before it is accepted | | | 11|or disbursed to ensure it is allocated fairly and in a manner that | | | 12|will promote the State Legislature's goal of facilitating free and | | | 13|fair elections. | | | 14| C. As used in this section, "new federal election funds" means | | | 15|any federal funds received by the Secretary of the State Election | | | 16|Board or the secretary of the county election board on or after the | | | 17|effective date of this act. Nothing in this section shall be | | | 18|construed to pertain to funding provided under the Help America Vote | | | 19|Act or any other federal funding that is authorized to be accepted | | | 20|by state law or already possesses an explicit state or federal legal | | | 21|requirement related to its acceptance and disbursement as of the | | | 22|effective date of this act. | | | 23| D. If the Secretary of the State Election Board or the | | | 24|secretary of the county election board intends to accept or disburse | | | Req. No. 5751 Page 5 ___________________________________________________________________________
1|new federal election funds, he or she must provide notice to the | | | 2|Speaker of the Oklahoma House of Representatives and the President | | | 3|Pro Tempore of the Oklahoma State Senate of his or her intent to do | | | 4|so at least thirty (30) days before accepting the funds. | | | 5| E. All new federal election funds must be approved by the State | | | 6|Legislature before they may be accepted or disbursed by the | | | 7|Secretary of the State Election Board or the secretary of the county | | | 8|election board unless explicitly required by state or federal law. | | | 9| F. A willful and intentional violation of the requirements of | | | 10|this section shall be deemed a misdemeanor as provided in Section | | | 11|16-114 of Title 26 of the Oklahoma Statutes. | | | 12| SECTION 4. This act shall become effective November 1, 2023. | | | 13| | | | 14| 59-1-5751 LRB 01/18/23 | | | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | Req. No. 5751 Page 6