Constitutional amendment; vesting the power of redistricting with the Citizens' Independent Redistricting Commission.

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STATE OF OKLAHOMA

2nd Session of the 60th Legislature (2026)

SENATE JOINT
RESOLUTION 42 By: Kirt

AS INTRODUCED

A Joint Resolution directing the Secretary of State
to refer to the people for their approval or
rejection a proposed amendment to the Oklahoma
Constitution by adding new Sections 6, 7, 8, 9, and
10 to Article III; dividing the state into certain
Senate and House districts; vesting the power of
redistricting with the Citizens’ Independent
Redistricting Commission; defining terms; requiring
Commissioners to possess certain qualifications;
authorizing removal in certain circumstances;
requiring the Administrative Office of the Courts to
oversee Commissioner applications; providing
application requirements; providing process of
approval for applications; providing conditions for
removal and filling of vacancies; requiring the
waiving of certain rights; providing for compensation
of Commissioners; requiring Commission votes to be
taken by roll call and published; requiring public
notice of Commission meetings; defining powers and
duties of the Citizens’ Independent Redistricting
Commission; requiring Commissioners to appoint
certain officer; establishing certain duties of the
Secretary; requiring the Commission to take certain
actions; directing the Commission to conduct certain
processes while satisfying certain conditions;
establishing guidelines for approval of plans;
requiring Commission to develop preliminary plan;
requiring Administrator to submit approved plan to
certain officers; establishing fallback mechanism;
granting the Supreme Court original jurisdiction over
the Commission; authorizing aggrieved parties to
petition the Supreme Court; granting the Commission
standing in all legal proceedings; prohibiting
assertions of legislative privilege for certain
communications; creating the Citizens’ Independent

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Redistricting Commission Revolving Fund; providing
for dissolution of the Commission; authorizing the
people to override the Citizens’ Independent
Redistricting Commission; construing provisions;
repealing Sections 9A, 10A, 11A, 11B, 11C, 11D, and
11E of Article V of the Oklahoma Constitution, which
relate to the Legislature; providing ballot title;
and directing filing.

BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE
2ND SESSION OF THE 60TH OKLAHOMA LEGISLATURE:
SECTION 1. The Secretary of State shall refer to the people for
their approval or rejection, as and in the manner provided by law,
the following proposed amendment to add new Sections 6, 7, 8, 9, and
10 of Article III of the Oklahoma Constitution to read as follows:
Section 6. The Senate
The state shall be divided into forty-eight (48) Senatorial
districts. Each senatorial district shall be entitled to one (1)
Senator, who shall hold office for four (4) years, provided that any
Senator, serving at the time of the adoption of this amendment,
shall serve the full time for which he or she was elected.
Vitalization of Senatorial districts shall provide for one-half of
the Senators to be elected at each general election.
Section 7. The House of Representatives
The state shall be divided into one hundred and one (101)
districts for the House of Representatives. Each district shall be

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entitled to one Representative. Each Representative elected shall
hold office for two years.
Section 8. Power of Redistricting
A. The power to redistrict the State of Oklahoma’s House of
Representatives and Senatorial Districts is henceforth vested in the
Citizens’ Independent Redistricting Commission.
B. The power to redistrict Oklahoma’s federal congressional
districts is henceforth vested in the Citizens’ Independent
Redistricting Commission.
Section 9. The Citizens’ Independent Redistricting Commission
A. As used in this section:
1. “Federal congressional districts” shall refer to Oklahoma’s
United States Congressional Districts;
2. “Groups” shall refer to the groups of candidates for
Commissioners that have been sorted by their partisan affiliation as
determined by their registration or non-registration with a party
with ballot access at the time of the most recent General Election;
3. “Affiliated” shall refer to citizens who, as of the date of
their application to serve as Commissioner, have been continuously
registered with the same party with ballot access for the last four
years;
4. “Unaffiliated” shall refer to citizens who, as of the date
of their application to serve as Commissioner, have not been

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registered with either of the two largest parties with ballot access
for any of the last four (4) years;
5. “Plan” shall refer to any proposed or approved redistricting
Plan for the districts for Representatives in the U.S. Congress, for
Oklahoma State Representatives, or for Oklahoma State Senators;
6. “Pool” shall refer to a group of applicants selected by the
panel pursuant to paragraph 4 of subsection B of Section 4 of this
act;
7. “Panel” shall refer to the group of retired judges or
justices involved in the selection of Commissioners pursuant to
paragraph 4 of subsection B of Section 4 of this act;
8. “Census block” shall refer to a census block used by the
United States Bureau of the Census in the most recent Federal
Decennial Census; and
9. “Immediate family member” shall refer to, with respect to an
individual, a spouse, parent, sibling, or child, including step-
parents, step-siblings, or step-children.
B. 1. The Citizens’ Independent Redistricting Commission shall
consist of nine (9) Commissioners, with three (3) Commissioners for
each group representing one of the largest parties with ballot
access at the time of the most recent General Election based on
total registration, and three (3) Commissioners for the group
representing those that are unaffiliated with either of the state’s

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two largest political parties with ballot access at the time of the
most recent General Election.
2. Each Commissioner shall possess all of the following
qualifications:
a. be a citizen who has been continuously domiciled in
Oklahoma for five (5) years immediately proceeding the
date of appointment to the Commission and whose
registered political affiliation has not changed in
the four (4) years immediately preceding his or her
date of appointment to the Commission or since the
date the initiative petition proposing this article
was filed, whichever period is shorter,
b. has not held, and does not have an immediate family
member who has held, partisan elective office at the
federal, state, or political subdivision level in this
state in the five (5) years immediately preceding his
or her date of appointment to the Commission,
c. has not registered, and does not have an immediate
family member who has registered, as a lobbyist with
the federal government or the state in the five (5)
years immediately preceding his or her date of
appointment to the Commission,
d. has not held office or served, and does not have an
immediate family member who has held office or served,

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as a paid staff member for a political party in the
five (5) years immediately preceding the date of his
or her appointment to the Commission,
e. has not been nominated, and does not have an immediate
family member who has been nominated, as a candidate
for elective office by a political party in this state
in the five (5) years immediately preceding the date
of his or her appointment to the Commission, and
f. has not been, and does not have an immediate family
member who has been, an employee or paid consultant at
the Legislature or United States Congress in the five
(5) years immediately preceding his or her appointment
to the Commission.
3. If it is found during the work of the Commission that a
Commissioner did not possess at the time of his or her appointment
to the Commission any of the qualifications listed in subparagraphs
a through f of paragraph 2 of subsection B of this section, that
Commissioner shall be removed and replaced with a Commissioner from
the same group using the process described in subparagraph b of
paragraph 5 of subsection B of this section. If it is found after
the completion of the Commission’s activities that any member did
not possess all of the qualifications in subparagraphs a through f
of paragraph 2 of subsection B of this section, this shall not
create a sufficient cause of action to challenge any plan.

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4. a. Not later than thirty (30) days following the approval
of this article, and not later than October 1 of each
subsequent year ending in zero (0), the Chief Justice
of the Oklahoma Supreme Court shall appoint the
Director or an employee of its Administrative Office
to serve as an Administrator to act as a disinterested
party to oversee the application process and the
training of Commissioners, and to report the
Commission’s progress to the panel. If no Director or
employee of such Office is able or willing to serve in
this capacity, then another public employee shall be
appointed as the Administrator. The Administrator
shall possess all qualification pursuant to
subparagraphs a through f of paragraph 2 of subsection
B of this section.
b. Not later than sixty (60) days following the approval
of this article, and not later than December 1 of each
subsequent year ending in zero (0), the Chief Justice
of the Oklahoma Supreme Court shall designate a panel
to review applications for Commissioners. The panel
shall consist of three judges or justices who have
retired from the Oklahoma Supreme Court, the Oklahoma
Court of Criminal Appeals, or the Oklahoma Court of
Civil Appeals, and who are able and willing to serve

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on the panel, selected by random drawing. If fewer
than three (3) state appellate judges or justices who
are able and willing to serve have been identified,
the Chief Justice shall appoint a retired Oklahoma
federal district court judge who accepts each
appointment.
c. Application to serve as a member of the Commission
shall be filed with, and on a form developed by, the
Administrator indicating thereon evidence of his or
her qualifications as provided by this subsection.
The form must request information sufficient to allow
the panel to adequately review and assess each
candidate’s qualifications and experience to serve on
the Commission. The form shall include language that
requires the applicant to affirm that the information
submitted is accurate and shall also contain an
advisory that providing false information may lead to
perjury charges. The Administrator shall advertise
the opportunity to apply as a member of the Commission
in the major news outlets in Oklahoma, including
print, television, radio, and social media outlets.
Such advertising shall be at a level to reasonably
expose registered voters in the state to the
opportunity to serve on the Commission.

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d. No later than one hundred twenty (120) days after the
approval of this article, and not later than January
31 of each subsequent redistricting year ending in one
(1), the Administrator shall notify the panel that the
application deadline is closed and submit the
applications to the panel.
e. In one or more public meetings conducted within twenty
(20) days of receiving the applications from the
Administrator, after reviewing the applications, the
panel shall identify pools of twenty (20) applicants
who are affiliated with the state’s largest political
party, twenty (20) applicants who are affiliated with
the state’s second largest political party, and twenty
(20) applicants who are unaffiliated with either of
the two largest political parties, or such lesser
number as there are available, and who, in the opinion
of the panel, best demonstrate:
(1) experience in organizing, representing,
advocating for, adjudicating the interests of, or
actively participating in groups, organizations,
or associations in Oklahoma, and
(2) relevant analytical skill, the ability to be
impartial, and the ability to promote consensus
on the Commission.

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The panel shall achieve geographic balance by ensuring,
to the extent practicable, that there are no fewer
than three (3) applicants from each current federal
congressional district within each pool. The pool
shall also, to the extent practicable, ensure that
each pool reflects the state’s diversity. If there
are not sufficient numbers of applications to allow
for three (3) Commissioners and one (1) alternate to
be selected from any group, as required by this
section, then the fallback mechanism shall take
effect.
f. Within twenty (20) days of receiving the applications
from the Administrator from the pools of applicants
identified in subparagraph e of this paragraph, the
panel shall choose by lot, in random drawing, nine (9)
applicants to serve on the Commission as follows:
(1) three (3) Commissioners who are affiliated with
the state’s largest political party,
(2) three (3) Commissioners who are affiliated with
the state’s second largest political party, and
(3) three (3) Commissioners who are unaffiliated with
either of the state’s two (2) largest political
parties.

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g. After the nine (9) Commissioners have been appointed
pursuant to subparagraph f of this paragraph, from the
remaining pools of applicants identified in
subparagraph e of this paragraph, the panel shall
choose by lot one (1) commissioner from each pool to
serve as alternates in order to fill vacancies on the
Commission.
5. Removal of a member and vacancies on the Commission shall be
subject to the following:
a. A Commissioner’s office shall become vacant upon the
occurrence of the following:
(1) death or incapacitation of the Commissioner,
(2) the Secretary of State’s receipt of the
Commissioner’s written resignation,
(3) the Commissioner ceases to be qualified to serve
on the Commission under paragraph 2 of this
subsection, or
(4) after written notice and an opportunity for the
Commissioner to respond, a vote of two-thirds
(2/3) of the Commissioners finding substantial
neglect of duty, gross misconduct in office, or
inability to discharge the duties of office.
b. Any vacancy in the Commission shall be filled within
seven (7) days following the time the Commission is

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notified of the vacancy. The vacancy shall be filled
by the alternate from the corresponding group chosen
in subparagraph g of paragraph 4 of this subsection.
If more alternates are needed, they may be selected by
the panel from the applicants previously selected in
subparagraph e of paragraph 4 of this subsection.
6. A commissioner shall waive his or her right to run for any
elected office in a district created by the work of the Commission
on which the member served.
7. The Commissioners shall be compensated for their service in
the same manner as the current per diem and travel reimbursements
for members of the Legislature.
8. a. There is hereby created in the State Treasury a
revolving fund for the Citizens’ Independent
Redistricting Commission to be designated as the
“Citizens’ Independent Redistricting Commission
Revolving Fund”. The fund shall be a continuing fund,
not subject to fiscal year limitations, and shall
consist of all monies apportioned to the fund by law.
All monies accruing to the credit of the fund are
hereby appropriated and may be budgeted and expended
by the Commission for the purpose of performing its
duties as prescribed by law. Expenditures from the
fund shall be made upon warrants issued by the State

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Treasurer against claims filed as prescribed by law
with the Director of the Office of Management and
Enterprise Services for approval and payment.
b. Within ninety (90) days following the approval of this
article, and on or before February 25 of each
subsequent year, the Commission shall receive an
appropriation by the Legislature sufficient to enable
the Commission to perform its duties as set forth in
this article.
9. All Commission votes must be taken by roll call and
published on the Commission’s website, along with meeting
transcripts or minutes including details of any plan voted on.
10. The Commission shall provide the public at least forty-
eight (48) hours’ notice for all public meetings and hearings. The
Commission shall make each notice, which is required to be posted
and published under this section, available in any language in which
the state, or any jurisdiction of this state, is required to provide
election materials under federal law. All meetings and hearings
except for executive session shall be livestreamed over the
Internet, and transcripts made publicly available via electronic
archive, as well as digitally readable files of maps arising during
hearings and meetings. The Commissioners shall not discuss
redistricting matters with members of the public outside of an open
meeting of the Commission, except that a Commissioner may

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communicate about redistricting matters with members of the public
to gain information relevant to the performance of his or her duties
if such communication occurs in writing available to the public or
at a previously publicly noticed forum or town hall open to the
general public. This paragraph shall not be construed to prohibit
communication between Commissioners and staff, legal counsel, or
consultants retained by the Commission.
C. 1. After the Commissioners are appointed, the Commission
shall select a Secretary. The Administrator shall nominate a
Secretary. The nominee must meet all of the criteria listed in
paragraph 2 of subsection B of this section and be approved by a
majority vote of the Commission. If the Commission fails to approve
the nominee by a majority vote, the Administrator shall make another
nomination.
2. The duties of the Secretary shall include the following:
a. assist in the running and convening of Commission
meetings, including the drafting of plans, and
approving expenditures necessary for the Commission to
fulfill its duties,
b. publicize and hold regional field hearings in each
federal congressional district of the state to seek
public input relevant to redistricting,
c. gather precinct-level shapefiles and data on voter
registration and election returns for general and

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primary elections for the preceding decade, and make
the data available for public download by the date of
the first public hearing,
d. disaggregate and re-aggregate the electoral data to
correspond to the census block that will be used to
assemble districts,
e. gather information from the Oklahoma Department of
Corrections about the home addresses of state and
federal inmates,
f. begin analyzing election returns from recent primary
and general elections to ensure that the Commission’s
redistricting plans will not have the effect of
denying or abridging the right to vote on account of
race, ethnicity, or membership in a language minority
group,
g. hire and manage staff to assist in the Commission and
Secretary’s duties,
h. assist the Administrator in training Commissioners,
and
i. develop and maintain an Internet website that creates
a public plan drawing system and allows members of the
public to:
(1) monitor and comment on the Commission’s work,

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(2) access, in a timely manner, the data sets and
utilize the tools necessary to draw plans,
(3) view prior district maps for comparison, and
(4) submit proposed plans and maps indicating
communities of interest and displaying those
plans and maps.
3. As soon as practicable following the approval of this
article and after the United States Bureau of the Census releases
the Federal Decennial Census data in each subsequent year ending in
one (1), the Commission shall:
a. add the data gathered under subparagraph e of
paragraph 2 of subsection C of this section to the
Federal Decennial Census data so that incarcerated
persons are counted in their home communities,
b. update the analysis begun under subparagraph f of
paragraph 2 of subsection C of this section,
c. promptly post on the Commission’s Internet website
Federal Decennial Census data, electoral data, and
boundary maps in a digitally readable format, at
district and precinct levels of detail for general and
primary elections for each plan submitted by a
Commissioner,
d. develop and publish publicly no more than two (2)
preliminary plans each for redistricting of the

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Oklahoma House of Representatives, Oklahoma Senate,
and federal congressional districts,
e. approve final plans for Oklahoma House of
Representative, Oklahoma Senate, and federal
congressional redistricting, as set forth in
subsection D, and
f. release all proposed maps for comment in formats that
are easily accessible and readable by members of the
public, such as Portable Document Format, machine-
readable comma-separated values, shapefile, and on the
same interactive Internet website the Secretary is
required to create for public submission of maps.
D. 1. The Commission shall simultaneously conduct separate
processes for drawing and submitting plans for the redistricting of
the Oklahoma House of Representative, Oklahoma Senate, and federal
congressional districts. The Commission shall consider both
Commissioner-submitted draft plans and publicly submitted draft
plans. Any draft plan submitted to the Commission shall:
a. comply with the United States Constitution and all
applicable federal law,
b. not include state legislative districts with total
populations exceeding that of any other district by
more than five percent (5%),

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c. be geographically contiguous. The term “contiguous”
means that the district is bounded by one unbroken
line and is not divided into two or more discrete
pieces. A district is not contiguous if pieces of the
district touch at only a single point, and
d. maximize compliance with each of the following
criteria, set forth in the following order of
priority:
(1) racial and ethnic fairness,
(2) communities of interest, which are defined as
areas with recognized similarities of interests,
including, but not limited to, racial, ethnic,
economic, social, cultural, geographic, tribal,
linguistic, or historic identities. Communities
of interest shall not include common
relationships, political parties, officeholders,
or political candidates,
(3) political subdivisions, and
(4) compactness.
2. a. A plan shall not, when considered on a statewide
basis, provide a disproportionate advantage to any
political party. Disproportionate advantage to a
political party shall be determined using the proposed
map, data from the last ten years of statewide

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elections, and the best available, widely accepted
statistical methods on identifying bias or inequality
of opportunity to elect.
b. Except to the extent necessary to comply with the
criteria described in paragraph 1 of this subsection,
and to enable the plan to be measured against the
external metrics described in subparagraph a of this
paragraph, the Commission shall not take into
consideration the residence of any member or candidate
of the Oklahoma House of Representatives, Oklahoma
Senate, or United States Congress.
E. 1. An affirmative vote of at least six (6) of the nine (9)
Commissioners is required to approve a plan, including at least one
(1) commissioner affiliated with each of the two (2) largest
political parties in this state and one (1) Commissioner who is
unaffiliated with either of the two (2) largest political parties in
this state.
2. Prior to developing a final plan, the Commission shall
develop and publish a preliminary plan as follows:
a. prior to developing a preliminary plan under this
subsection, the Commission shall hold no fewer than
one (1) public hearing in each federal congressional
district at which members of the public may provide
input relevant to redistricting, and

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b. the Commission shall develop and publish the
preliminary plan publicly, including digitally
downloadable maps and census block equivalency
assignments of each district, and acceptable public
comment on the preliminary plan for no fewer than
fourteen (14) days.
3. To hold a vote, the Commission must convene a voting
meeting, open to the public, at which the Commission may vote on a
preliminary plan. If the Commissioners vote to approve a plan, it
shall be law.
4. Upon approval of a plan by the Commission, the Administrator
shall submit the plan to the State Election Board, the Governor, the
Secretary of State, the President Pro Tempore of the Senate, and the
Speaker of the House of Representatives, as well as make the plan
publicly available.
5. The Commission shall issue with all preliminary and final
plans written evaluations that measure the maps against external
metrics. These metrics shall cover all criteria set forth in
paragraphs 1 and 2 of subsection D of this section.
6. The Commission shall have one (1) year following the
approval of this article, or one hundred twenty (120) days from the
release of the Federal Decennial Census data in each subsequent
redistricting year, in which to approve final plans for the state

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House of Representatives, state Senate, and federal congressional
districts.
F. If the Commission does not approve an Oklahoma House of
Representatives, Oklahoma Senate, or federal congressional district
plan within one (1) year of the approval of this article, or within
one hundred twenty (120) days of the release of the Federal
Decennial Census data in each subsequent redistricting year, the
following procedure shall be followed:
1. The Administrator shall create a report to be submitted to
the Oklahoma Supreme Court that advises the Court of available plans
and provides enough information for the Court to approve a plan.
The Court shall then have thirty (30) days to approve a plan;
2. The Court shall approve a plan that is consistent with the
criteria and prohibitions listed in subsection D of this section;
and
3. If the approval process is not completed by the minimum
residency requirement deadline for candidates to the state office,
such requirements shall be suspended and shall not apply for any
affected election.
G. 1. The Oklahoma Supreme Court has original and exclusive
state-court jurisdiction to hear and decide all challenges to the
Commission’s actions and final plan. The Court’s jurisdiction is
limited to remedy only the specific violation alleged on the
specific plan challenged.

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2. Within thirty (30) days following the approval of a plan,
any aggrieved resident of the state may petition the Oklahoma
Supreme Court to invalidate that plan. The Court shall consolidate
all petitions challenging a plan, give the consolidated petitions
precedence over other civil proceedings, conduct expedited hearings,
and enter its judgment promptly.
3. If the Oklahoma Supreme Court concludes that a plan approved
by the Commission is invalid, the fallback mechanism in subsection F
of this section shall be used to create a new plan. If the Court
finds a violation in a plan produced under the fallback mechanism,
the Court’s remedy shall be constrained by the criteria in
subsection D of this section.
4. The Commission has standing in all legal proceedings
concerning its actions and has sole authority to determine whether
it will be represented by the Attorney General or by legal counsel
selected and employed by the Commission.
5. Communications made in the course of the Commission’s,
Secretary’s, or Administrator’s work under this article may not be
shielded from the public on the basis of legislative privilege.
This provision shall not be construed to abrogate or otherwise
affect legislative immunity.
H. Within thirty (30) days after a plan has taken effect and
all pending legal challenges to the plan and the Commission’s

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actions are concluded, the Commission shall be dissolved, and any
unexpended monies shall revert to the state General Revenue Fund.
Section 10. Authority of the Legislature
For purposes of interpreting this article, the people declare
that the powers granted to the Commission herein are legislative
functions not subject to the control or approval of the Legislature,
and are exclusively reserved to the Commission. The Commission and
all of its responsibilities, operations, functions, contractors,
consultants, and employees are not subject to change, transfer,
reorganization, or reassignment, and shall not be altered or
abrogated in any manner whatsoever by the Legislature. No other
body shall be established by the Legislature to perform the
functions that are the same or similar to those granted to the
Commission in this article. This provision shall not be construed
to limit the people’s power of initiative.
SECTION 2. The Secretary of State shall refer to the people for
their approval or rejection, as and in the manner provided by law,
the repeal of Article V, Sections 9A, 10A, 11A,, 11B, 11C, 11D, and
11E of the Oklahoma Constitution, effective January 1, 2027.
SECTION 3. The Ballot Title for the proposed Constitutional
amendment shall be in the following form:
BALLOT TITLE
Legislative Referendum No. ____ State Question No. ____
THE GIST OF THE PROPOSITION IS AS FOLLOWS:

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This measure will amend the Oklahoma Constitution by adding new
Sections 6, 7, 8, 9, and 10 to Article 3. The measure will
divide the state into a certain number of Senate and House
districts. The measure will vest the power of redistricting
with the Independent Redistricting Commission. The measure will
require Commissioners to possess certain qualifications. The
measure will require the Administrative Office of the Courts to
oversee Commissioner applications. The measure will authorize
removal of Commissioners. The measure will require public
notice of Commission meetings. The measure will define powers
and duties of the Independent Redistricting Commission. The
measure will grant to Supreme Court jurisdiction over the
Commission. The measure will create the Citizens’ Independent
Redistricting Commission Revolving Fund The measure will provide
for the dissolution of the Commission. The measure will
authorize the People to override the Independent Redistricting
Commission. The measure will create the Citizens’ Independent
Redistricting Commission Revolving Fund. The measure repeals
Sections 9A, 10A, 11A, 11B, 11C, 11D, and 11E of Article 5 of
the Oklahoma Constitution.
SHALL THE PROPOSAL BE APPROVED?
FOR THE PROPOSAL — YES _____________
AGAINST THE PROPOSAL — NO _____________

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SECTION 4. The President Pro Tempore of the Senate shall,
immediately after the passage of this order for legislative
referendum, prepare and file in accordance with Section 3 of Article
V of the Oklahoma Constitution, one copy of this order for
legislative referendum, including the Ballot Title set forth in
SECTION 3, with the Secretary of State and one copy with the
Attorney General.

60-2-3103 BRC 1/15/2026 8:20:46 AM