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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 1667 By: Bergstrom
AS INTRODUCED
An Act relating to voter registration; amending 26
O.S. 2021, Section 4-112, as amended by Section 18,
Chapter 282, O.S.L. 2022 (26 O.S. Supp. 2025, Section
4-112), which relates to voter registration
applications; updating statutory language; defining
terms; requiring persons registering to vote to
provide documentary proof of citizenship; requiring
the Secretary of the State Election Board to include
certain information on registration applications;
prohibiting registration as a verified voter without
verification of citizenship; requiring election board
officials to verify citizenship of applicants;
requiring election board officials to notify
applicants in certain circumstances; authorizing the
Secretary of the State Election Board to enter
certain agreements; requiring the Secretary of the
State Election Board to promulgate certain rules;
prohibiting federal-only voters from voting in state
elections; requiring federal-only voters to use
provisional ballots; requiring the Secretary of the
State Election Board to create certain notice;
providing notice requirements; requiring certain
records to be retained for certain period;
authorizing the Attorney General to bring suit in
certain circumstances; providing for violations;
providing for penalties; providing for codification;
and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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SECTION 1. AMENDATORY 26 O.S. 2021, Section 4-112, as
amended by Section 18, Chapter 282, O.S.L. 2022 (26 O.S. Supp. 2025,
Section 4-112), is amended to read as follows:
Section 4-112. A. The Secretary of the State Election Board
shall devise and distribute a registration application form to be
used for registering voters. Such registration application shall
contain the following information:
1. The applicant’s full name and date of birth, county and
place of residence, and mailing address pursuant to the provisions
of subsection G of this section;
2. A space or section to designate a political party recognized
by the laws of the State of Oklahoma this state with which the
applicant chooses to be affiliated;
3. The Oklahoma driver license or identification card number if
the applicant has been issued a current and valid driver license or
identification card by Service Oklahoma, or if the applicant does
not have a valid Oklahoma driver license or identification card, the
last four digits of the voter’s Social Security number;
4. An oath of the eligibility of the applicant to become a
registered voter; and
5. Such other information as may be deemed necessary by the
Secretary to identify such applicant and to ascertain his or her
eligibility.
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B. A voter registration application shall be signed by the
applicant in writing. The applicant shall personally subscribe his
or her name to or make his or her mark on the application, and no
agent, representative or employee of the applicant may sign or mark
on the applicant’s behalf. The signature or mark must be the
original, handwritten signature, autograph or mark of the applicant.
No facsimile, reproduction, typewritten or other substitute
signature, autograph or mark will be valid. Notwithstanding any law
to the contrary, the Secretary of the State Election Board shall
prescribe procedures to authorize any person incapable of personally
making a mark to complete a voter registration application with
assistance of an official of any voter registration agency or
licensed operator specified in Sections 4-109.2 and 4-109.3 of this
title. Provided, for applications submitted electronically, in lieu
of the signature requirements set forth in this subsection, the
applicant shall consent to the use of his or her driver license or
identification card signature as provided in Section 4-109.4 of this
title.
C. Persons who do not indicate a recognized political party or
political organization on their registration application shall be
designated as Independents.
D. Any person may apply in writing to the Secretary of the
State Election Board for permission to print, copy or otherwise
prepare and distribute the registration applications designed by the
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Secretary of the State Election Board. The Secretary may revoke any
such permission at any time.
E. All registration applications shall be distributed to the
public at no charge.
F. The Secretary also shall prescribe procedures to accept and
use the National Mail Voter Registration Form, or its successor, as
required by the National Voter Registration Act of 1993. Provided,
to be accepted as a valid voter registration application, the form
shall include the applicant’s original, handwritten signature,
autograph or mark as described in subsection B of this section.
G. Applicants for voter registration or for change of voter
registration in any way shall provide a residence address and, if
different from the residence address, a mailing address. A
residence address shall include the street address of the residence,
including a full house number, street name or number, apartment or
suite number, if applicable, and zip code. If a street address is
not available for the residence, applicants shall provide such
information as the Secretary of the State Election Board deems
necessary for voter registration purposes. A post office box may
not be given as a residence address. A mailing address, which shall
include the city and zip code, may be the actual emergency
notification or 911 9-1-1 address on file in the local community, a
rural route and box number, a post office box number or a street
address.
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H. A full or partial Social Security number or driver license
number in a voter registration record or a voter registration
application shall not be considered a public record and shall be
kept confidential by the State Election Board and each county
election board.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4-112.1 of Title 26, unless
there is created a duplication in numbering, reads as follows:
A. As used in this section:
1. “Documentary proof of citizenship” means:
a. a legible photocopy of the applicant’s birth
certificate issued by a United States state or
territory, or the District of Columbia, that verifies
citizenship; provided, that if a person has changed
his or her name since birth, that person shall provide
legal documentation of the name change in accordance
with state law,
b. a legible photocopy of pertinent pages of the
applicant’s United States passport identifying the
applicant and the applicant’s passport number or
presentation to an election board official of the
applicant’s United States passport,
c. the applicant’s United States naturalization documents
or the number of the certificate of naturalization.
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If only the number of the certificate of
naturalization is provided, the applicant shall not be
classified as a verified voter until the number of the
certificate of naturalization is verified with United
States Citizenship and Immigration Services by an
election board official, pursuant to 8 U.S.C., Section
1373(c),
d. other documents or methods of proof of citizenship
that are established pursuant to the Immigration
Reform and Control Act of 1986 or the Immigration and
Nationality Act,
e. the applicant’s Bureau of Indian Affairs card number,
tribal treaty card number, or tribal enrollment
number, or
f. for citizens born abroad, a certificate or report of
birth or consular report of birth abroad issued by the
United States Department of State;
2. “Federal contests” means the contests for the offices of
United States Representative, United States Senator, and President
of the United States;
3. “Federal-only voter” means a voter registered using the
National Mail Voter Registration Form in this state, whose United
States citizenship status has not been verified by an election board
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official in this state, is only eligible to vote in federal races,
and shall not include any verified voter;
4. “National Mail Voter Registration Form” means the voter
registration application form created and maintained by the United
States Election Assistance Commission pursuant to 52 U.S.C., Section
20508(a)(2); and
5. “Verified voter” means a registered voter in this state
whose United States citizenship has been verified by an election
board official in this state.
B. Every person who applies to register to vote in this state,
regardless of method, shall provide an election board official with
documentary proof of citizenship.
C. The Secretary of the State Election Board shall update this
state’s voter registration form to:
1. Include a space or box where the applicant is required to
enter the identification number printed on the applicant’s driver
license or identification card issued by Service Oklahoma or to
indicate if the applicant has never been issued a driver license or
identification card in this state;
2. Include a statement instructing the applicant that if the
applicant fails to provide the identification number described in
paragraph 1 of this subsection, the applicant must provide an
election board official with another form of documentary proof of
citizenship or the application will be rejected;
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3. Include a full explanation of the registration process and a
clear indication that the applicant must be verified as a United
States citizen prior to being registered; and
4. Require the applicant to sign affirming that:
a. the information the applicant has provided in the
application is accurate,
b. the documentary proof of citizenship the applicant has
provided in connection with such application is, to
the best of his or her knowledge, sufficient for an
election board official to verify the applicant’s
United States citizenship, and
c. the applicant will provide additional documentation or
information to an election board official as necessary
to verify the applicant’s United States citizenship.
D. No applicant shall be registered to vote in this state as a
verified voter unless and until an election board official verifies
that the applicant is a citizen of the United States, provided that:
1. For applicants submitting the National Mail Voter
Registration Form, if an election board official is unable to verify
that an applicant is a citizen of the United States but the
applicant otherwise satisfies all applicable legal requirements to
register to vote in this state, the election board official shall
register and classify the applicant as a federal-only voter;
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2. If an election board official verifies an applicant is not a
citizen of the United States, the election board official shall
reject the application. The election board official shall forward
the applicant’s information and supporting documentation to the
appropriate law enforcement agency and prosecutorial authority; and
3. The voter registration records maintained for registered
voters shall clearly and accurately indicate each voter’s current
classification as a verified voter or federal-only voter. Verified
voters shall not be required to resubmit documentary proof of
citizenship during subsequent updates to their voter registration.
E. An election board official shall register federal-only
voters in a manner that designates each voter’s registration as
federal-only.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4-112.2 of Title 26, unless
there is created a duplication in numbering, reads as follows:
A. When processing a voter registration application, an
election board official shall use all available resources to verify
the applicant is a citizen of the United States, including relevant
information from the following records:
1. Service Oklahoma’s electronic database;
2. The Social Security Administration database;
3. The United States Citizenship and Immigration Services
Systematic Alien Verification for Entitlements program;
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4. A national association for public health statistics and
information systems electronic verification of vital events system
(or similar state database); and
5. Any other federal, state, or political subdivision database
and any other database relating to voter registration to which an
election board official has or is granted access.
B. After processing a voter registration application, an
election board official shall notify the applicant in writing:
1. If the applicant was rejected because he or she was verified
as not being a citizen of the United States; or
2. If, for an applicant submitting the National Mail Voter
Registration Form who could not be verified as a citizen of the
United States, the applicant is registered to vote as a federal-only
voter and the process for submitting documentary proof of
citizenship to an election board official to become classified as a
verified voter.
C. To the extent allowed under applicable law, the Secretary of
the State Election Board shall enter into agreements with the
entities described in subsection A of this section to allow election
board officials in this state to request and obtain records or
information relating to an applicant’s citizenship status. The
Secretary shall have the discretion to enter agreements with other
entities than those described in subsection A of this section to
carry out the provisions of this act.
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D. The Secretary of the State Election Board shall promulgate
rules to implement the provisions and requirements of this act
within one hundred eighty (180) days of it becoming effective.
E. Federal-only voters may only vote by physical appearance at
an appropriate polling place. Federal-only voters shall follow the
same procedures and rules when marking and casting their ballots
that are applicable to in-person voting at their respective polling
place except as otherwise provided in subsection F of this section.
A federal-only voter is only qualified to vote in federal contests.
Votes cast in elections that are not federal contests shall not be
counted unless the federal-only voter provides documentary proof of
citizenship to an election board official within the time limit
provided in subsection F of this section.
F. A federal-only voter, pursuant to Section 7-116.1 of Title
26 of the Oklahoma Statutes, shall use a provisional ballot to vote.
Provisional voting materials shall clearly reflect that the reason
for voting provisionally is that the voter is classified as a
federal-only voter.
1. At any time prior to 1:00 p.m. on the Friday following an
election, a federal-only voter shall have the opportunity to provide
an election board official with documentary proof of citizenship.
If a federal-only voter is verified to be a United States citizen,
all votes cast on that voter’s ballot shall be counted and an
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election board official shall update the voter’s registration record
as a verified voter.
2. No later than 5:00 p.m. on the Monday following an election,
the State Election Board shall send written notice to every federal-
only voter who submitted a ballot in that election informing the
voter of the disposition of his or her ballot and any updates to his
or her voter registration record.
G. The Secretary of the State Election Board shall design,
prepare, and distribute a standardized written notice form that
shall be provided to each federal-only voter who appears to vote.
The notice shall inform the voter that:
1. An election board official was unable to verify the voter as
a citizen of the United States;
2. The voter is only qualified to vote in federal contests;
3. If the voter wishes for his or her full ballot to be
counted, he or she must provide documentary proof of citizenship to
an election board official at any time prior to 1:00 p.m. on the
Friday following the election; and
4. If the voter takes no action, or if his or her documentary
proof of citizenship cannot be verified, only votes cast in federal
contests will be counted.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4-112.3 of Title 26, unless
there is created a duplication in numbering, reads as follows:
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A. Any records, documents, or correspondence relating to the
verification of citizenship by an election board official, and any
changes made to voter registration records as a result, shall be
considered voter list maintenance records and shall be retained for
a period of twenty-four (24) months after the day of the election.
B. Any records, documents, or correspondence pertaining to the
verification of a voter’s citizenship status shall be included in
that voter’s corresponding voter registration record for the
duration of that voter’s status as a registered voter in this state.
C. If a federal agency described in subsection A of Section 3
of this act terminates access to citizenship data by an election
board official, the Attorney General shall seek redress in a court
of law.
D. 1. It shall be unlawful for any election official to
knowingly and intentionally cause an individual who has not been
verified as a citizen of the United States to be classified as a
verified voter. Violations of this provision shall be punishable as
a felony.
2. It shall be unlawful for any election official to knowingly
and intentionally cause an individual who has been determined to not
be a citizen of the United States to be registered to vote.
Violations of this provision shall be punishable as a felony.
3. It shall be unlawful for any person who is not a citizen of
the United States to knowingly and intentionally apply to register
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to vote. Violations of this provision shall be punishable as a
felony.
4. It shall be unlawful for any person to knowingly and
intentionally count, tabulate, or otherwise cause to be counted,
votes cast in any race other than a federal contest by a federal-
only voter unless that voter has been verified as a citizen of the
United States pursuant to paragraph 1 of Section 3 of this act.
Violations of this provision shall be punishable as a felony.
SECTION 5. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
60-2-2570 BLB 1/14/2026 9:30:58 AM