GOP votes to reverse ruling on absentee ballots

Democrats say requirements for notarized ballots, photocopies create unfair barriers

Mere days after the Oklahoma Supreme Court struck down a requirement that absentee ballots be notarized, House Republicans moved Wednesday to reverse the ruling.

Despite fierce op po sition from House Democrats, Republicans passed an amended bill that seeks to reinstate the notary requirement.

The amendment's author, Rep. Chris K anna dy, R- Oklahoma City, said the legislation was born out of recommendations from

State Election Board Secretary PaulZiri ax, Oklahoma's top elections official.

Senate Bill 210, which passed t he House on a near-party-line vote, would require absentee ballots to be notarized, which was the pro cedu re in place until the Oklahoma Supreme Court ordered otherwise on Monday.

In light of the COVID19 crisis, Senate Bill 210 makes exceptions that would be in place for the June 30 primary election.

If an emergency declaration is in effect within 45 day sofa scheduled election, absentee voters would not have to get their ballot notarized. Instead, a person could sign the ballot and mail it back with a photocopy of their driver's license.

Democrats argued the ability to make a photocopy presents a barrier to voting because it is not something easily accessible to everyone.

“By passing this legislation, we' re adding an unnecessary barrier for people to exercise their voting rights,” said Rep. Kelly All bright, D-Oklahoma City.

The legislation also allows for some people who may have contracted COVID- 1 9, those who maybe susceptible to the virus or those are medically fragile to be considered “physically incapacitated” and able to request an absentee ballot be delivered to their home.

The Supreme Court's ruling was an in di cator state law on absentee voting needs to be updated, Kannady said. The court did not strike down Oklahoma's voting practices, it simply

indicated state law needs clarity, he said.

Kan nadya ls osuggested voter fraud would increase without the legislation, citing the sheer number of people who have requested absentee ballots since the court's ruling as an example of voter fraud. He did not make a clear link between why more requests for absentee ballots indicates voter fraud is occurring.

“I' ve had people tell me that it is absolutely ridiculous that I go and serve my country… and now I want to cur tail voting,” Kannady said. “The worst thing you can do is fraudulent ly vote. To me, it is akin to stolen valor. And this is the way we can prevent that from happening.”

Republicans repeatedly argued t he notary requirement works to help prevent voter fraud. Asked specificqu esti ons about how often voter fraud occurs in Oklahoma, they said it was hard to quantify, but many offered anecdotal examples from their own political campaigns.

Rep. Scott Fetgatter, R-Okmulgee, pointed to State Question 746, which Oklahomans overwhelmingly passed in 2010, as a sign that Oklahomans support additional measures to keep elections secure. The state question set forth a policy that requires Oklahomans to show a valid form of identification when they vote in person. The Oklahoma Supreme Court later ruled in favor of the voter identification law.

“In a time when we've heard f or several years how our election proce ssh as been invaded by Russia, China and all this voter fraud, all we've heard today is `hey, there's not really fraud,'” he said.

Democratic lawmakers spent over an hour questioning Kannady on the bill, pointing to technical issues and giving examples of how the bill would create barriers to voting. They also criticized the fast-track treatment the bill received.

With the June 30 election rapidly approaching, Kan nady argued the Legislature had to act fast to give state election officials direction.

“We have to make a decision now,” he said. “We get elected to lead and we have to lead right now to give them time to do what they need to do.”

House Majority Floor Leader Emily Virgin said the legislation was politically motivated, in part, because Republicans want State Question 802, which seeks to expand Medicaid, to fail on June 30.

“I find it pretty ironic that we found a way to let representatives vote by proxy when we're not at the Capitol, but we're not willing to trust the public to have sort of the same process in place,” she said.

SB 210 is part of a larger Republican Party strategy to make it harder for people across the country to vote, she said, dismissing arguments about voter fraud.

Oklahoma is one of three states that requires absentee ballots be notarized. It's an obstacle that gets in the way of people voting, said Virgin, D-Norman.

Oklahoma doesn't have widespread voter fraud, and neither do the states that don't require absentee ballots to be notarized, she said.

“The voter fraud argument is really just a way for Republicans to make it more difficult to vote,” she said.

The legislation passed on a vote of 74-26. The bill now heads to the Senate for approval.