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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 1583 By: Kirt
AS INTRODUCED
An Act relating to voting rights; creating the
Oklahoma Voting Rights Act; providing short title;
providing legislative findings; defining terms;
prohibiting voter suppression and dilution; providing
for violations; providing relevant factors for
determining violations; prohibiting certain factors
for determining violations; requiring pre-suit notice
in certain circumstances; providing for
responsibilities of parties; providing for approval
of certain remedies with court approval; providing
for cost sharing; providing right of action;
permitting preliminary relief in certain
circumstances; providing for award of attorney fees;
construing provisions; providing for noncodification;
providing for codification; 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:
This act shall be known and may be cited as the “Oklahoma Voting
Rights Act”.
SECTION 2. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
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The Legislature finds that election practices, procedures, and
methods that deny or impair the equal opportunity of racial, color,
or language minority groups and Tribal communities to participate in
the political process or elect candidates of their choice are
inconsistent with the fundamental right to vote, and the rights and
privileges guaranteed by the Oklahoma Constitution and the
protections found in the Fourteenth and Fifteenth Amendments to the
United States Constitution.
The Legislature also finds that there is a history in this state
and the United States overall of discrimination based on race,
color, language-minority status, and Tribal membership, including in
access to the political process. As a result of this history and
persistent discrimination and socioeconomic inequities that bear on
the right to vote, members of racial, color, or language minority
groups and Tribal communities continue to face unequal barriers in
exercising the franchise and participating effectively in the
political process. In light of these conditions, it is the
Legislature’s intent by this act to encourage participation in the
elective franchise by all eligible voters and to provide voters in
this state with a means to secure their constitutional right to vote
free from discrimination.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 23-100 of Title 26, unless there
is created a duplication in numbering, reads as follows:
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A. As used in this section:
1. “Alternative method of election” means a method of electing
candidates to the legislative body of a political subdivision other
than an at-large method of election or a district-based method of
election including, but not limited to, cumulative voting, limited
voting, and proportional ranked choice voting;
2. “At-large method of election” means a method of electing
candidates to the legislative body of a political subdivision in
which candidates are voted on by all voters of the political
subdivision or that combines at-large with district-based methods of
elections. At-large method of election does not include any
alternative method of election;
3. “District-based method of election” means a method of
electing candidates to the legislative body of a political
subdivision in which, for political subdivisions divided into
districts, a candidate for any district is required to reside in the
district and candidates representing or seeking to represent the
district are voted on by only the voters who reside in the district.
District-based method of election does not include any alternative
method of election;
4. “Government official” means any individual who is elected or
appointed to an office in this state or a political subdivision or
who is authorized to act in an official capacity on behalf of the
state or a political subdivision;
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5. “Language minority group” means a language minority group as
defined in the federal Voting Rights Act of 1965, as amended, as of
the effective date of this act;
6. “Method of election” means the method by which candidates
are elected to the legislative body of a political subdivision and
includes at-large method of election, district-based method of
election, or any alternative method of election. Method of election
also includes the districting or redistricting plan used to elect
candidates to the legislative body of a political subdivision;
7. “Polarized voting” means voting in which the candidate or
electoral choice preferred by a protected class diverges from the
candidate or electoral choice preferred by other voters;
8. “Political subdivision” means a county, city, town, or
school district;
9. “Politically cohesive” means that members of a group tend to
prefer the same candidates, electoral choices, or policies;
10. “Protected class” means a class of citizens who are members
of a racial, color, or language minority group, or who are members
of a federally recognized Indian Tribe, including a class of two or
more such groups;
11. “Vote” or “voting” includes any action necessary to cast a
ballot and make that ballot count in any election including, but not
limited to, registering to vote, applying for an absentee ballot,
and any other action required by law as a prerequisite to casting a
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ballot and having that ballot counted, canvassed, certified, and
included in the appropriate totals of votes cast with respect to an
election; and
12. “Voting eligible population” means persons who are eligible
to register and vote in this state, regardless of whether the
individuals are registered to vote in this state.
B. Any law, rule, charter provision, local ordinance, or local
code relating to the right to vote, or which grants authority to
prescribe or maintain voting or elections policies and practices,
shall be construed or applied liberally in favor of a voter’s
exercise of the right of suffrage. To the extent a court is
afforded discretion on an issue including, but not limited to,
discovery, procedure, admissibility of evidence, or remedies, the
court shall exercise such discretion and weigh other equitable
discretion in favor of the right to vote.
C. No political subdivision or any other government official or
entity responsible for election administration shall adopt or apply
a qualification for eligibility to vote or other prerequisite to
voting; adopt or apply any law, ordinance, rule, standard, practice,
procedure, or policy regarding the administration of elections; or
take any other action or fail to take any action that results in, is
likely to result in, or is intended to result in a denial or
abridgement of the right to vote by a member of a protected class.
A violation of this subsection may be established if it is shown
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that the challenged qualification, law, ordinance, rule, standard,
practice, procedure, policy, or action results in a disparate burden
on members of a protected class and the burden is, under the
totality of the circumstances, related to social and historical
conditions affecting members of the protected class.
D. No political subdivision or any other government official or
entity responsible for election administration shall adopt or
enforce any method of election, or cause an annexation,
incorporation, dissolution, consolidation, or division of a
political subdivision, that has the effect of impairing the equal
opportunity or ability of members of a protected class to nominate
or elect candidates of their choice as a result of diluting the vote
of members of that protected class.
1. A violation of this subsection exists when it is shown that
either:
a. elections in a political subdivision exhibit polarized
voting resulting in an impairment of the equal
opportunity or ability of protected class members to
nominate or elect candidates of their choice, or
b. based on the totality of the circumstances, the equal
opportunity or ability of protected class members to
nominate or elect candidates of their choice is
impaired; and
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2. One or more new methods of election or changes to the
existing method of election exist that the court could order
pursuant to paragraph 1 of subsection H of Section 23-102 of Title
26 of the Oklahoma Statutes would likely mitigate the impairment.
E. To the extent that a new method of election or change to the
existing method of election that is presented under paragraph 2 of
subsection D of this section is a proposed district-based plan that
provides protected class members with one or more reasonably
configured districts in which the protected class members would have
an equal opportunity or ability to nominate or elect candidates of
the protected class members’ choice, it is not necessary to show
that members of a protected class comprise a majority of the total
population, voting age population, voting eligible population, or
registered voter population in any such district or districts.
F. The fact that members of a protected class are not
geographically compact does not preclude a finding of a violation of
this section but may be a factor in determining whether an
appropriate remedy exists that would likely mitigate the impairment.
G. For claims brought on behalf of a protected class including
one consisting of two or more racial, color, Tribal, or language
minority groups that are politically cohesive in the political
subdivision, the court shall consider only the combined electoral
preferences of those racial, color, Tribal, or language minority
groups in determining whether voting by the protected class is
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polarized from other voters. It is not necessary to demonstrate
that voting by members of each racial, color, Tribal, or language
minority group within a protected class, or by any subgroup within a
racial, color, or language minority group, is separately polarized
from other voters.
H. Evidence concerning the causes of, or the reasons for, the
occurrence of polarized voting is not relevant to the determination
of whether polarized voting occurs, or whether candidates or
electoral choices preferred by a protected class would usually be
defeated. Evidence concerning alternate explanations for polarized
voting patterns or election outcomes, including but not limited to
partisan explanations, shall not be considered. Evidence concerning
projected changes in population or demographics may only be
considered when determining whether an appropriate remedy exists
that would likely mitigate the impairment.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 23-101 of Title 26, unless there
is created a duplication in numbering, reads as follows:
A. In determining whether, under the totality of the
circumstances, a violation of Section 3 of this act has occurred
with respect to a protected class, a court may consider any of the
following factors:
1. The history of discrimination affecting members of the
protected class;
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2. The extent to which members of the protected class are
disadvantaged, or otherwise bear the effects of past public or
private discrimination, in any areas that may hinder their ability
to participate effectively in the political process, including
education, employment, health, criminal justice, housing,
transportation, land use, or environmental protection;
3. Whether members of the protected class vote at a lower rate
than other voters;
4. The use of overt or subtle racial appeals in political
campaigns or by government officials;
5. The extent to which members of the protected class have been
elected to office;
6. The extent to which candidates who are members of the
protected class have faced barriers with respect to accessing the
ballot, receiving financial support, or receiving any other support
for their candidacies for elective office;
7. The extent to which candidates who are members of a
protected class face hostility or barriers while campaigning due to
the protected class membership;
8. The extent of polarized voting;
9. The use of any standard, practice, procedure, or policy that
may enhance the dilutive effects of a challenged method of election;
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10. The lack of responsiveness by elected officials to the
particularized needs of protected class members or a community of
protected class members;
11. Whether the challenged method of election, ordinance,
resolution, rule, policy, standard, regulation, procedure, or law
was designed to advance, and does materially advance, a compelling
state interest that is substantiated and supported by evidence; and
12. Any other factor the court may deem relevant.
B. No one factor in subsection A of this section is dispositive
or necessary to establish the existence of a violation of Section 3
of this act, nor shall any specified number or combination of
factors be required in establishing that such a violation has
occurred. The court shall consider a particular factor only if and
to the extent evidence pertaining to that factor is introduced. The
absence of evidence as to any particular factor does not preclude a
finding of a violation of Section 3 of this act.
C. To the extent a claim concerns a political subdivision,
evidence of the factors in subsection A of this section is most
probative if the evidence relates to the political subdivision in
which the alleged violation occurred but still holds probative value
if the evidence relates to the geographic region in which that
political subdivision is located or to this state.
D. Evidence concerning the intent of voters, elected officials,
or the political subdivision to discriminate against members of a
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protected class is not required to find a violation of Section 3 of
this act.
E. In determining whether a violation of Section 3 of this act
has occurred, a court shall not consider any of the following:
1. The number of protected class members not burdened by the
challenged qualification, prerequisite, standard, practice, or
procedure;
2. The degree to which the challenged qualification,
prerequisite, standard, practice, or procedure has a long pedigree
or was in widespread use at some earlier date;
3. The use of an identical or similar qualification,
prerequisite, standard, practice, or procedure in other states or
jurisdictions;
4. The availability of other forms of voting unimpacted by the
challenged qualification, prerequisite, standard, practice, or
procedure to all members of the electorate, including members of the
protected class;
5. An impact on potential criminal activity by individual
voters, if those crimes have not occurred in the political
subdivision in substantial numbers, or if the connection between the
challenged policy and any claimed prophylactic effect is not
supported by substantial evidence; or
6. Mere invocation of interests in voter confidence or
prevention of fraud.
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SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 23-102 of Title 26, unless there
is created a duplication in numbering, reads as follows:
A. Except as provided in this section, before filing an action
a prospective plaintiff shall send a notice letter to the political
subdivision identifying the potential violation, the affected
protected class, and the type of remedy the potential plaintiff
believes may address the potential violation. The party may not
file an action related to the violations described in the notice
letter until its receipt of a written denial by the political
subdivision or within sixty (60) days of sending the letter,
whichever is earlier. A notice letter required by this section
shall identify a potential violation of Section 3 of this act with
specificity, including whether the prospective plaintiff believes
the potential violation constitutes voter suppression under
subsection C of Section 3 of this act, vote dilution under
subsection D of Section 3 of this act, or both. The letter shall
include the relevant facts and evidence that the prospective
plaintiff relied upon when evaluating whether a potential violation
of Section 3 of this act exists.
B. Notwithstanding subsection A of this section, a notice
letter shall not be required if:
1. The party is seeking preliminary relief with respect to an
upcoming election in accordance with subsection G of this section;
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2. The party is seeking to intervene in or join an existing
action; or
3. Following the party’s submission of a notice letter, the
political subdivision enacted a remedy that would not remedy the
violation identified in the letter.
C. The political subdivision shall respond in writing to a
notice letter submitted under subsection A of this section within
sixty (60) days. If the political subdivision does not deny the
potential violation, it shall work in good faith with the party that
submitted the letter to explore and implement any mutually agreed-
upon remedies to cure the potential violation. If the political
subdivision adopts a resolution within sixty (60) days of the filing
of the letter identifying a remedy, affirming its intent to enact
and implement a remedy, and establishing a timeline and specific
steps it will take to do so, the political subdivision shall have
one hundred fifty (150) days from the submission of the letter to
enact and implement a remedy, during which time the party who sent
the letter may not file an action related to those violations
against that political subdivision. A statement, action, or
decision of a political subdivision under this subsection does not
constitute an admission by the political subdivision of its
liability or establish the existence of a violation of Section 3 of
this act.
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D. If the political subdivision lacks authority to enact or
implement an identified remedy, the political subdivision may
nonetheless enact and implement the remedy upon approval by the
district court. To seek approval, the political subdivision shall
file a petition in district court that identifies with specificity
the law or other authority that prevents the remedy from being
enacted or implemented. The venue for a petition under this
subsection is in the district court of the county where the
challenged act or practice occurred, or in the District Court of
Oklahoma County. The district court may authorize the political
subdivision to implement or enact the identified remedy
notwithstanding the applicable law or authority to the contrary, if
the court determines that the prospective plaintiff is likely to
succeed in a lawsuit on the merits of the alleged violation, that
the proposed remedy would address the alleged violation, and that
the proposed remedy is narrowly tailored to that purpose.
E. If a political subdivision enacts or implements a remedy in
response to a notice letter submitted under subsection A of this
section, the political subdivision and the party who sent the notice
letter shall mutually agree on a reimbursement amount to be paid by
the political subdivision to that party. The reimbursement amount
shall reflect the reasonable costs associated with producing and
sending the letter and any accompanying evidence, subject to the
limitations of this subsection. To be eligible for a reimbursement,
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the party who submitted the notice letter shall submit a request to
the political subdivision in writing. The request shall be received
by the political subdivision within thirty (30) days of its
enactment or adoption of the remedy and be substantiated with
financial documentation including, as applicable, detailed invoices
for expert analysis and reasonable attorney fees. The cumulative
amount of reimbursements to all parties shall not exceed Thirty
Thousand Dollars ($30,000.00). Reimbursement amounts for attorney
fees shall be limited to amounts calculated using a lodestar
methodology.
F. To the extent a party requests reimbursement for a purported
notice letter that fails to comply with the requirements in
subsection A of this section, or the request fails to comply with
this subsection, the political subdivision may dismiss the request.
If the request is dismissed, the political subdivision shall notify
the party in writing of the reasons for the dismissal.
G. 1. The Attorney General, a district attorney, any
individual aggrieved by a violation of this act, any entity whose
membership includes individuals aggrieved by a violation of this
act, any entity whose mission would be impeded by a violation of
this act, or any entity that would expend resources in order to
fulfill its mission as a result of a violation of this act, may file
an action in the district court for the county where the challenged
act or practice has occurred, or in the District Court of Oklahoma
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County. Actions brought under this act are subject to expedited
pretrial and trial proceedings and shall receive an automatic
calendar preference. The state is a necessary party in any action
in which an alleged violation is based on a political subdivision’s
implementation of a state law, if the state law does not afford
discretion to the political subdivision in its implementation of the
law.
2. In an action related to a districting or redistricting plan,
any individual with standing to challenge any single district shall
be deemed to have standing to challenge the districting or
redistricting plan as a whole.
3. In any action seeking a temporary injunction or other
preliminary relief under this act before an election, the court
shall grant relief if warranted based on the factors considered in
seeking a temporary injunction or preliminary relief under laws of
this state, except that if the court determines that it is possible
to implement appropriate relief that would address an alleged
violation before an election, such relief shall not be denied on the
basis that the election is close in time or that the relief could
result in voter confusion.
H. 1. Notwithstanding any other law, if the court finds a
violation of any provision of Section 3 of this act, the court has
authority to order remedies that are tailored to best mitigate the
violation. Any remedy ordered by the court shall be constructed
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liberally in favor of a voter’s exercise of the right of suffrage.
The court may consider, among others, any remedy that has been
ordered by a federal court or the court of another state
jurisdiction, including through a court-approved consent decree or
settlement adopted in the context of similar facts or to remedy a
similar violation. The court shall consider remedies proposed by
any party and may consider remedies proposed by interested
nonparties. The court may not provide deference or priority to a
proposed remedy offered by a defendant or political subdivision
simply because the remedy has been proposed by the defendant or
political subdivision.
2. In any action brought under this act, the court, in its
discretion, may allow the prevailing party costs and reasonable
attorney fees. If a party prevails on only a portion of their
action, the court may award costs and attorney fees attributable to
that portion of the action. If the party against whom the action
was filed prevails in the action, the court shall not award that
party any costs or attorney fees unless the court finds the action
is frivolous.
SECTION 6. This act shall become effective November 1, 2026.
60-2-3260 BLB 1/13/2026 9:20:46 AM