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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 1351 By: Bergstrom
AS INTRODUCED
An Act relating to elections; providing legislative
findings; amending 26 O.S. 2021, Section 4-101, as
amended by Section 1, Chapter 289, O.S.L. 2024 (26
O.S. Supp. 2025, Section 4-101), which relates to
voter eligibility; modifying voter residency
requirements; updating statutory language; providing
for noncodification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
The Legislature finds that the United States Constitution
expressly recognizes that absent specific constitutional provisions
or Acts of Congress, states are primarily responsible for
establishing the qualifications to vote in federal elections:
1. Article I, Section 2, Clause 1: “...the Electors in each
State shall have the Qualifications requisite for Electors of the
most numerous Branch of the State Legislature”;
2. Article II, Section 2, Clause 3: “Each State shall appoint,
in such Manner as the Legislature thereof may direct, a Number of
Electors...”; and
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3. Amendment XVII: “The electors in each State shall have the
qualifications requisite for electors of the most numerous branch of
the State legislatures”.
The Legislature also finds that to be qualified and eligible to
vote under the laws of this state and the Oklahoma Constitution, a
voter must be a resident of this state. No provision of the United
States Constitution or any federal law extends the right to vote to
individuals who were never domiciled in the United States.
SECTION 2. AMENDATORY 26 O.S. 2021, Section 4-101, as
amended by Section 1, Chapter 289, O.S.L. 2024 (26 O.S. Supp. 2025,
Section 4-101), is amended to read as follows:
Section 4-101. Every person who is a qualified elector as
defined provided by Section 1 of Article III of the Oklahoma
Constitution shall be entitled to become a registered voter in the
precinct of his or her residence, with subject to the following
conditions:
1. A person who was never domiciled in the United States cannot
establish residency in this state and shall not be qualified to vote
in this state;
2. A United States citizen who was never domiciled in the
United States shall not be eligible to register to vote or to vote
in this state;
3. Residency in this state may not be established in this state
if the person was never domiciled in the United States;
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4. Persons convicted of a felony shall be eligible to register
to vote when they have:
a. fully served their sentence of court-mandated calendar
days or had their sentence discharged, including any
term of incarceration, parole or supervision, or
completed a period of probation ordered by any court,
b. received a commutation that reduced the sentence of
any active felony conviction to time served pursuant
to federal or state law and have no other outstanding
sentence under any other felony conviction,
c. received a commutation pursuant to subsection F of
Section 332.2 of Title 57 of the Oklahoma Statutes for
a crime that has been reclassified from a felony to a
misdemeanor and has no remaining time to serve,
including:
(1) any incomplete term of incarceration,
(2) any remaining parole or supervision, or
(3) any incomplete period of probation, or
d. been granted a pardon pursuant to federal or state law
and have no other outstanding sentence under any other
felony conviction; and
2. 5. Any person who has been adjudged to be an incapacitated
person as such term is defined by Section 1-111 of Title 30 of the
Oklahoma Statutes shall be ineligible to register to vote. When
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such incapacitated person has been adjudged to be no longer
incapacitated such person shall be eligible to become a registered
voter. The provisions of this paragraph shall not prohibit any
person adjudged to be a partially incapacitated person as such term
is defined by Section 1-111 of Title 30 of the Oklahoma Statutes
from being eligible to register to vote unless the order adjudging
the person to be partially incapacitated restricts such person from
being eligible to register to vote.
SECTION 3. This act shall become effective November 1, 2026.
60-2-2571 BLB 12/30/2025 1:09:20 PM