Appearing statewide on Aug. 25 runoff ballots, State Question 846 will allow voters to enshrine an existing law requiring identification at the polls by elevating it into the Oklahoma Constitution. The state question’s proponents say it will prevent election laws from being weakened by future iterations of the Oklahoma Legislature, but critics oppose what they see as a superfluous amendment to the state’s founding document.
If approved, SQ 846 would add a new section to the Oklahoma Constitution requiring voters to provide “proof of identity” at the polls. State law already requires voters to provide ID under Title 26, Section 7-114, an addition made in 2010 through State Question 746, which received more than 70 percent support. The law requires voters to show identification “issued by the United States, the state of Oklahoma or the government of a federally recognized Indian tribe or nation” at their polling place.
According to Misha Mohr, the director of communications for the Oklahoma State Election Board, the new state question on the Aug. 25 ballot would change nothing about Oklahoma’s current election operations.
“State Question 846 would simply add the requirement to provide proof of identity to vote to the state constitution,” Mohr said. “Oklahoma already requires some form of proof of identity to vote, so if the measure were to pass, it would not change the current requirements.”
SQ 846 arose in the Legislature this spring from Senate Joint Resolution 47, authored by Senate Pro Tempore Lonnie Paxton (R-Tuttle) and Sen. George Burns (R-Pollard). Speaker Kyle Hilbert (R-Bristow) carried the bill as the principal House author, with several other representatives joining him to sign on. Paxton, Burns and Hilbert did not respond to requests for comment for this story.
SQ forum
The ACLU of Oklahoma and the Oklahoma Policy Institute are holding a free, nonpartisan town hall to educate voters about State Questions 844 and 846.
The organizations advertise “straightforward, fact-based explanations” and the opportunity for attendees to ask questions.
The event is set for 1:30 p.m. Saturday, Aug. 15, at Mayflower Congregational UCC Church in OKC. To RSVP, visit OPI’s website. A livestream will also be available on YouTube.
The bill passed the Senate by a vote of 39-8 and the House by a vote of 78-15. Attorney General Gentner Drummond’s office also aided in drafting the state question’s language to keep it legally compliant.
The Heritage Foundation rates Oklahoma’s election integrity as seventh best in the nation, and official Senate press releases have previously praised Oklahoma’s election security. In questioning on SJR 47, Paxton said the new state question is not intended to change Oklahoma’s current laws, but rather to defend them from change.
“As of today, I think we’re doing really good with our elections. We require proof of identity under current statute. This simply moves that and puts it into the constitution so that, for a future Legislature, if they decided to change that, they would have a more difficult time to do so,” Paxton said. “It should be a constitutional provision to show proof of identity when you’re voting.”
SJR 47 passed largely on party lines, and in debate on the Senate floor, Minority Leader Julia Kirt suggested the proposal was purposefully being placed on an Election Day where Republicans are expected to have significantly higher turnout than their peers in other parties or independent voters.
“It’s very clear that this resolution is not intended to solve a real problem. It’s very clear this is a political bill that’s being placed on a specific election timeline that’s been chosen. This could be placed in June, this could be placed on the general election, this could placed a year from now,” Kirt (D-OKC) said March 26. “But no, it’s being chosen for an August date that’s very specific, approximately three months before a general election to undermine trust, to raise fears about our elections when there is almost no proven fraud in our system. We already have these laws in place. Creating a ballot measure solely to turn out voters who you think might be scared about this is not a good reason to pass a law.”
Rep. Mickey Dollens (D-OKC) characterized the proposed change as “unnecessary and dangerous.”
“Dangerous because the same Legislature has spent the past four years gutting the citizen led ballot initiative process. Everyday people’s right to petition their government and make changes at the grassroots level has been dismantled by controlling politicians who despise the thought of ordinary people passing their ideas into laws,” Dollens wrote on Facebook and X. “Again, the same politicians who authored SQ 846 assume voters will gladly hand over even more power despite years of contempt and disrespect they’ve shown to everyday Oklahomans.”
While SQ 846 reached the ballot thanks to strong support from Republican legislators, interest groups have largely avoided weighing in on its election, perhaps owing to the high likelihood it will pass given the 2010 results. A spokesperson for the Oklahoma Council of Public Affairs said the think tank has not taken a position on the state question.
SQ 846 will be on the ballot for all Oklahoma voters, regardless of political affiliation, Tuesday, Aug. 25. Polls will be open from 7 a.m. to 7 p.m. on Election Day. Early voting will be open from 8 a.m. to 6 p.m. on Aug. 20 and 21, and from 8 a.m. to 2 p.m. on Saturday, Aug. 22.
