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Oklahoma Voter ID Amendment (2018)
| Oklahoma Voter ID Amendment | |
|---|---|
 | |
| Election date Unknown | |
| Topic Elections and campaigns | |
| Status Not on the ballot | |
| Type Constitutional amendment | Origin State legislature |
The Oklahoma Voter ID Amendment was not on the ballot in Oklahoma as a legislatively referred constitutional amendment in 2018.[1]
The measure would have created a constitutional requirement that voters provide proof of identity to an appropriate election official in order to vote. The measure would have authorized the state legislature to enact laws necessary to implement the amendment.[1]
Text of measure
Gist of the proposition
The gist of the proposition was as follows:[1]
| “ | This measure would enact a new Section 8 in Article 1 of the Oklahoma Constitution. It would require each person appearing to vote to provide proof of identity. The appropriate election official would verify the person's eligibility to vote. The Legislature would enact laws to implement the provisions of the new section.[2] | ” |
Constitutional changes
- See also: Article I, Oklahoma Constitution
The proposed amendment would have added a Section 8 to Article I of the Oklahoma Constitution. The following text would have been added:[1]
A. Each person appearing to vote shall provide proof of identity, whereupon the appropriate election official shall verify the person's eligibility to vote, as provided by law.
B. The Legislature shall have the authority to enact such laws as may be necessary to implement the provisions of this section.[2]
Background
Senate Bill 4
The Republican-controlled Oklahoma State Legislature passed a statute, titled Senate Bill 4 (SB 4), to enact a voter ID in 2009. Democratic Gov. Brad Henry vetoed SB 4, saying, "The right to vote is one of our most precious freedoms, guaranteed to all U.S. citizens regardless of their race, gender, religion, income level or social status, and policy makers must be especially careful when tinkering with this fundamental right." Former Sen. John Ford (R-29) sponsored the bill. He responded to the veto, stating, "My reaction is one of disappointment because I truly believe that the majority of Oklahomans, regardless of political affiliation, believe voter ID is the right thing."[3]
Rather than attempting to overturn Gov. Henrey's veto, the state legislature passed a legislatively referred state statute to send the issue to voters in 2010 as State Question 746.[3]
State Question 746
In 2010, Oklahoma became the first state to pass a ballot measure designed to require voter identification at the polls. The measure was a state statute, not a constitutional amendment. Voters passed State Question 746, with 74 percent voting 'yes' to 26 percent voting 'no.' The measure required that officials ask voters to present a government-issued identification document containing the voter's name and a photograph. State Question 746 allowed voters without appropriate identification to sign a sworn statement and cast a provisional ballot that election officials would later cross-check with registered voter rolls.
Delilah Christine Gentges sued the Oklahoma State Election Board to challenge State Question 746 in 2012. William Thomas, an attorney representing Gentges, said, "Any condition that affects the right of suffrage is unreasonable in our minds. I think ultimately it's going to keep voters from voting. It's a barrier to voting similar to the poll tax, which is unconstitutional." In August 2016, Judge Aletia Haynes Timmons upheld the ballot measure.[4]
Thomas appealed the ruling to the Oklahoma Supreme Court, which agreed to take up the case.[5][6]
Voter ID requirements in other states
- See also: Voter identification laws by state
As of December 2016, 31 states enforced voter identification requirements. A total of 16 states required voters to present photo identification, while 15 accepted other forms of identification. According to the National Conference of State Legislatures, voter ID requirements come in two general forms: strict and non-strict. Under strict requirements, a voter who does not possess the required form of identification may be required to cast a provisional ballot. Under non-strict requirements, a voter who does not have the necessary identification may still vote without casting a provisional ballot.[7] The voter identification law enacted in 2010, State Question 746, authorized a non-strict non-photo ID.
Other state amendments
- See also: Elections and campaigns on the ballot
Mississippi passed Initiative 27 in 2012. Over 62 percent of voters cast ballots in favor of the measure. The initiated constitutional amendment required voters to show a government-issued photo identification document before being allowed to vote. The measure exempted voters living in state-licensed care facilities from needing identification and allowed voters with religious objections to being photographed and voters who have, but are unable to present, a government-issued photo identification to cast affidavit ballots. Initiative 27 required those who cast affidavit ballots to sign an affidavit in a circuit court within five days following the election.
Voters in Minnesota defeated a constitutional amendment, titled Amendment 2, to require voter identification before voting. The vote was 46 percent to 54 percent. Amendment 2 would have required a government-issued photo identification document to vote in person and a government-issued non-photo identification document to vote absentee. Minnesota would have been required to provide government-issued photo identification documents free of charge to eligible voters. Voters without valid identification documents would have been permitted to cast provisional ballots.
In 2016, 63 percent of Missouri voters approved Amendment 6. The amendment itself did not require a voter identification document, but rather authorized the Missouri State Legislature to develop and pass a statute requiring one.
| State | Year | Initiative | Type | Percent “Yes” | Percent “No” |
|---|---|---|---|---|---|
| Mississippi | 2011 | Initiative 27 | Amendment | 62.07% | 37.93% |
| Minnesota | 2012 | Amendment 2 | Amendment | 46.16% | 53.84% |
| Missouri | 2016 | Amendment 6 | Amendment | 63.01% | 36.99% |
| Average | 61.40% | 38.60% |
Path to the ballot
- See also: Amending the Oklahoma Constitution
In Oklahoma, a constitutional amendment must be passed by a simple majority vote in each house of the state legislature during one legislative session.
The amendment was introduced on January 19, 2017, as Senate Joint Resolution 24. On March 21, 2017, the Oklahoma Senate voted 39 to 5 with four senators excused to approve the amendment. The amendment was referred to the House Rules Committee, but was never put to a floor vote in the Oklahoma House of Representatives[8]
Senate vote
March 21, 2017[8]
| Oklahoma SJR 34 Senate Vote | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
 Yes | 39 | 88.64% | ||
| No | 5 | 11.36% | ||
See also
Footnotes
- ↑ 1.0 1.1 1.2 1.3 Oklahoma Legislature, "Senate Joint Resolution 34," accessed March 23, 2017
- ↑ 2.0 2.1 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 - ↑ 3.0 3.1 The Joplin Globe, "Henry vetoes voter identification bill," April 8, 2009
- ↑ KOCO, "Oklahoma court upholds constitutionality of voter ID law," August 18, 2016
- ↑ The Oklahoman, "Oklahoma judge upholds constitutionality of voter ID law," August 18, 2016
- ↑ Oklahoma Watch, "As Court Challenge Continues, Oklahoma Looks to Solidify Voter ID Law," March 23, 2017
- ↑ National Conference of State Legislatures, "Voter Identification Requirements|Voter ID Laws," accessed December 9, 2016
- ↑ 8.0 8.1 Oklahoma Legislature, "SJR 34 Overview," accessed March 23, 2017
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