Oklahoma State Question 834, Citizenship Requirement for Voting Amendment (2024)

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Oklahoma State Question 834
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Election date
November 5, 2024
Topic
Suffrage
Status
Approveda Approved
Type
Constitutional amendment
Origin
State legislature

State Question 834, the Oklahoma Citizenship Requirement for Voting Amendment, was on the ballot in Oklahoma as a legislatively referred constitutional amendment on November 5, 2024.[1] It was approved.

A "yes" vote supported amending the state constitution to provide that only U.S. citizens who are 18 years old or older can vote in elections.

A "no" vote opposed amending the state constitution to provide that only U.S. citizens who are 18 years old or older can vote in elections, rather than every citizen.


Election results

See also: Results for voting-related and noncitizen voting ballot measures, 2024

Oklahoma State Question 834

Result Votes Percentage

Approved Yes

1,207,520 80.73%
No 288,267 19.27%
Results are officially certified.
Source


Overview

What did State Question 834 change about voting in Oklahoma?

See also: Text of measure

This measure prohibited local governments from allowing noncitizens to vote by providing in the state constitution that only a citizen of the U.S., rather than every citizen of the U.S., can vote.[1]

What do other state constitutions say about suffrage and citizenship?

See also: State constitutions on suffrage and citizenship

In 1996, the U.S. Congress passed a law prohibiting noncitizens from voting in federal elections, such as U.S. House, U.S. Senate, and presidential elections. Federal law did not address state or local elections.[2]

All state constitutions mention United States citizenship when discussing who can vote in that state's elections. As of October 2024, in 43 states, constitutional language discussing citizenship says who can vote (e.g. "every citizen" or "all citizens"), but does not state that noncitizens cannot vote. In seven states—Alabama, Arizona, Colorado, Florida, Louisiana, North Dakota, and Ohio—the state constitutions specify that only citizens, but not noncitizens, have the right to vote. In 2018, 2020, and 2022, constitutional amendments to state that only a citizen (rather than every citizen) may vote were approved in six states.

Did other states vote on similar measures in 2024?

See also: Background

Bans on noncitizen voting at the state level had become more frequent since 2018. Voters in six states approved ballot measures banning noncitizen voting from 2018 to 2022. In 2024, eight state legislatures referred constitutional amendments to the ballot to prohibit the state or local governments from allowing noncitizen voting. The eight states were Idaho, Iowa, Kentucky, Missouri, North Carolina, Oklahoma, South Carolina, and Wisconsin. Voters approved each constitutional amendment.

Jack Tomczak, Vice President of Americans for Citizen Voting, which supported the ballot measures, said, "We, and legislators who sponsor these, are getting ahead of fixing a problem that maybe has not reared its head as much in these states. It’s not like it’s happening everywhere and it must be stopped immediately. But preemption is not a bad thing." Jonathan Diaz, Director of Voting Advocacy for the Campaign Legal Center, said, "These proposed constitutional amendments are aimed really at two things: preventing local governments in those states from allowing non-U.S. citizens to vote in local elections, and advancing this false narrative that non-U.S. citizens are somehow participating in U.S. elections in large numbers, which is totally unsupported by any evidence or facts."[3]

As of 2024, municipalities in California, Maryland, and Vermont, along with Washington, D.C., allowed noncitizens to vote in some local elections. In November, voters in Santa Ana, California, decided on a ballot measure to allow noncitizens to vote in municipal elections.

Text of measure

Ballot title

The ballot title for the amendment was as follows:[4]

This measure amends Section 1 of Article 3 of the Oklahoma Constitution. It clarifies that only citizens of the United States are qualified to vote in this state. SHALL THE PROPOSAL BE APPROVED?[5]

Constitutional changes

See also: Article III, Oklahoma Constitution

The measure amended Section 1 of Article III of the state constitution. The following struck-through text was deleted and underlined text was added.[1]

Section 1. Qualifications of electors.

Subject to such exceptions as the Legislature may prescribe, all only citizens of the United States, who are over the age of eighteen (18) years, and who are bona fide residents of this state, are qualified electors of this state.[5]

Readability score

See also: Ballot measure readability scores, 2024

Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 9, and the FRE is 49. The word count for the ballot title is 31.


Support

Supporters

Officials

Organizations

  • Association of Mature American Citizens
  • Fair Elections Fund


Arguments

  • State Sen. Micheal Bergstrom (R-1): "What we are doing is safeguarding the intent of the constitutional language for the future to avoid confusion.
  • State Election Board Secretary Paul Ziriax: "While SJR 23 would not change the fact that noncitizens cannot currently register to vote or vote in our state, it could protect against future reinterpretations of our state Constitution that might allow it."
  • Association for Mature American Citizens: "Amid the worst border crisis in American history, the United States faces an unprecedented threat from non-citizens voting in elections. More than a dozen cities throughout the country already allow non-citizens to vote in local elections, increasing the potential for fraud at the state and federal level. The voters of Oklahoma will now have the opportunity to enshrine this important election integrity measure in their state constitution this November."


Opposition

Opponents

Officials


Arguments

  • State Sen. Mary Boren (D-16): "But the click bait, money making narrative still has bills to pay. So this bill is paying someone’s bills. It’s paying for some political operative out there somewhere that stirs people up and sends out mailers."
  • State Sen. Michael Brooks (D-44): “I think as much as some of these political stunts are there to heighten the rancor and the rhetoric, a lot of it is intended to intimidate people who are living here and living by the rules. It’s a way to diffuse misinformation to a community who are welcoming and trying to make a life here.”
  • State Sen. Carri Hicks (D-40): "I failed to see where the confusion might lie when it is currently a felony to register to vote in the state of Oklahoma if you are not a U.S. citizen. It’s a political game."


Campaign finance

See also: Campaign finance requirements for Oklahoma ballot measures

If you are aware of a committee registered to support or oppose this measure, please email editor@ballotpedia.org.

Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Support $0.00 $0.00 $0.00 $0.00 $0.00
Oppose $0.00 $0.00 $0.00 $0.00 $0.00
Total $0.00 $0.00 $0.00 $0.00 $0.00

Background

Citizenship voting requirement ballot measures

From 2018 to 2022, voters decided on six ballot measures related to adding language about citizenship requirements for voting. Voters approved all six measures with at least 62.9% of the vote. In 2024, eight states voted on ballot measures addressing citizenship requirements for voting.


Partisanship of legislative votes on referred measures

The following table shows the percentage of Democratic and Republican legislators that supported referring constitutional amendments to the state's ballot requiring citizenship to vote. The average percent of Republican support was 100% while the average percent of Democratic support was 45.6%.

In Alabama and Iowa, legislators passed the referrals with unanimous support from both parties.

Noncitizen-voting in the United States

See also: Laws permitting noncitizens to vote in the United States

In 1996, the U.S. Congress passed a law prohibiting noncitizens from voting in federal elections, such as U.S. House, U.S. Senate, and presidential elections. Federal law did not address state or local elections.[2]

Fifteen municipalities across the country allowed noncitizens to vote in local elections as of January 2022. Eleven were located in Maryland, two were located in Vermont, one was New York City, and the other was San Francisco, California. San Francisco allowed noncitizens to vote in school board elections by approving Proposition N in 2016. On January 9, 2022, New York City Mayor Eric Adams signed a bill that would allow noncitizens to vote in municipal elections starting in January 2023.[6]

Path to the ballot

See also: Amending the Oklahoma Constitution

In Oklahoma, a constitutional amendment requires a simple majority vote in both chambers of the Oklahoma State Legislature.

The constitutional amendment was introduced as Senate Joint Resolution 23. It was approved in the Senate on May 30, 2024, by a vote of 37-7. The House approved the amendment on the same day by a vote of 71-11.[1]

Vote in the Oklahoma State Senate
May 30, 2024
Requirement: Simple majority vote of all members in each chamber
Number of yes votes required: 25  Approveda
YesNoNot voting
Total3774
Total percent77.1%%14.6%%8.3%%
Democrat071
Republican3703

Vote in the Oklahoma House of Representatives
May 30, 2024
Requirement: Simple majority vote of all members in each chamber
Number of yes votes required: 51  Approveda
YesNoNot voting
Total711119
Total percent70.3%%10.9%%18.8%%
Democrat0119
Republican71010


How to cast a vote

See also: Voting in Oklahoma

See below to learn more about current voter registration rules, identification requirements, and poll times in Oklahoma.

How to vote in Oklahoma


See also

External links

Footnotes

  1. 1.0 1.1 1.2 1.3 Oklahoma State Legislature, "Senate Joint Resolution 23," accessed May 31, 2024
  2. 2.0 2.1 Cornell Law School, "18 U.S. Code § 611 - Voting by aliens," accessed March 26, 2020
  3. NBC News, "GOP efforts to crack down on noncitizen voting extend to state ballot measures," September 14, 2024
  4. Cite error: Invalid <ref> tag; no text was provided for refs named Overview
  5. 5.0 5.1 5.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content
  6. The New York Times, "Noncitizens’ Right to Vote Becomes Law in New York City," January 9, 2022
  7. Oklahoma State Election Board, "Frequently Asked Questions," accessed April 27, 2023
  8. 8.0 8.1 8.2 8.3 Oklahoma State Election Board, "Voter Registration in Oklahoma," accessed April 27, 2023
  9. 9.0 9.1 NCSL, "State Profiles: Elections," accessed August 8, 2024
  10. Oklahoma State Election Board, "Phase One of Online Vote Registration is LIVE!" accessed June 8, 2023
  11. Oklahoma State Election Board, "Oklahoma Voter Registration Application," accessed November 2, 2024
  12. Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
  13. 13.0 13.1 Oklahoma State Election Board, "Facts about Proof of Identity for Voting in Oklahoma," accessed April 27, 2023