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1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 1583 By: Kirt
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5
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6 AS INTRODUCED
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7 An Act relating to voting rights; creating the
7 Oklahoma Voting Rights Act; providing short title;
8 providing legislative findings; defining terms;
8 prohibiting voter suppression and dilution; providing
9 for violations; providing relevant factors for
9 determining violations; prohibiting certain factors
10 for determining violations; requiring pre-suit notice
10 in certain circumstances; providing for
11 responsibilities of parties; providing for approval
11 of certain remedies with court approval; providing
12 for cost sharing; providing right of action;
12 permitting preliminary relief in certain
13 circumstances; providing for award of attorney fees;
13 construing provisions; providing for noncodification;
14 providing for codification; and providing an
14 effective date.
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15
16
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17 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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18 SECTION 1. NEW LAW A new section of law not to be
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19 codified in the Oklahoma Statutes reads as follows:
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20 This act shall be known and may be cited as the "Oklahoma Voting
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21 Rights Act".
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22 SECTION 2. NEW LAW A new section of law not to be
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23 codified in the Oklahoma Statutes reads as follows:
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1 The Legislature finds that election practices, procedures, and
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2 methods that deny or impair the equal opportunity of racial, color,
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3 or language minority groups and Tribal communities to participate in
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4 the political process or elect candidates of their choice are
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5 inconsistent with the fundamental right to vote, and the rights and
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6 privileges guaranteed by the Oklahoma Constitution and the
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7 protections found in the Fourteenth and Fifteenth Amendments to the
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8 United States Constitution.
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9 The Legislature also finds that there is a history in this state
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10 and the United States overall of discrimination based on race,
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11 color, language-minority status, and Tribal membership, including in
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12 access to the political process. As a result of this history and
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13 persistent discrimination and socioeconomic inequities that bear on
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14 the right to vote, members of racial, color, or language minority
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15 groups and Tribal communities continue to face unequal barriers in
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16 exercising the franchise and participating effectively in the
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17 political process. In light of these conditions, it is the
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18 Legislature's intent by this act to encourage participation in the
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19 elective franchise by all eligible voters and to provide voters in
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20 this state with a means to secure their constitutional right to vote
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21 free from discrimination.
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22 SECTION 3. NEW LAW A new section of law to be codified
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23 in the Oklahoma Statutes as Section 23-100 of Title 26, unless there
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24 is created a duplication in numbering, reads as follows:
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1 A. As used in this section:
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2 1. "Alternative method of election" means a method of electing
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3 candidates to the legislative body of a political subdivision other
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4 than an at-large method of election or a district-based method of
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5 election including, but not limited to, cumulative voting, limited
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6 voting, and proportional ranked choice voting;
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7 2. "At-large method of election" means a method of electing
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8 candidates to the legislative body of a political subdivision in
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9 which candidates are voted on by all voters of the political
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10 subdivision or that combines at-large with district-based methods of
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11 elections. At-large method of election does not include any
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12 alternative method of election;
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13 3. "District-based method of election" means a method of
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14 electing candidates to the legislative body of a political
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15 subdivision in which, for political subdivisions divided into
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16 districts, a candidate for any district is required to reside in the
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17 district and candidates representing or seeking to represent the
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18 district are voted on by only the voters who reside in the district.
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19 District-based method of election does not include any alternative
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20 method of election;
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21 4. "Government official" means any individual who is elected or
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22 appointed to an office in this state or a political subdivision or
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23 who is authorized to act in an official capacity on behalf of the
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24 state or a political subdivision;
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1 5. "Language minority group" means a language minority group as
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2 defined in the federal Voting Rights Act of 1965, as amended, as of
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3 the effective date of this act;
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4 6. "Method of election" means the method by which candidates
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5 are elected to the legislative body of a political subdivision and
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6 includes at-large method of election, district-based method of
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7 election, or any alternative method of election. Method of election
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8 also includes the districting or redistricting plan used to elect
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9 candidates to the legislative body of a political subdivision;
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10 7. "Polarized voting" means voting in which the candidate or
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11 electoral choice preferred by a protected class diverges from the
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12 candidate or electoral choice preferred by other voters;
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13 8. "Political subdivision" means a county, city, town, or
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14 school district;
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15 9. "Politically cohesive" means that members of a group tend to
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16 prefer the same candidates, electoral choices, or policies;
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17 10. "Protected class" means a class of citizens who are members
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18 of a racial, color, or language minority group, or who are members
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19 of a federally recognized Indian Tribe, including a class of two or
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20 more such groups;
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21 11. "Vote" or "voting" includes any action necessary to cast a
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22 ballot and make that ballot count in any election including, but not
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23 limited to, registering to vote, applying for an absentee ballot,
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24 and any other action required by law as a prerequisite to casting a
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1 ballot and having that ballot counted, canvassed, certified, and
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2 included in the appropriate totals of votes cast with respect to an
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3 election; and
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4 12. "Voting eligible population" means persons who are eligible
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5 to register and vote in this state, regardless of whether the
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6 individuals are registered to vote in this state.
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7 B. Any law, rule, charter provision, local ordinance, or local
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8 code relating to the right to vote, or which grants authority to
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9 prescribe or maintain voting or elections policies and practices,
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10 shall be construed or applied liberally in favor of a voter's
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11 exercise of the right of suffrage. To the extent a court is
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12 afforded discretion on an issue including, but not limited to,
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13 discovery, procedure, admissibility of evidence, or remedies, the
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14 court shall exercise such discretion and weigh other equitable
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15 discretion in favor of the right to vote.
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16 C. No political subdivision or any other government official or
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17 entity responsible for election administration shall adopt or apply
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18 a qualification for eligibility to vote or other prerequisite to
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19 voting; adopt or apply any law, ordinance, rule, standard, practice,
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20 procedure, or policy regarding the administration of elections; or
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21 take any other action or fail to take any action that results in, is
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22 likely to result in, or is intended to result in a denial or
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23 abridgement of the right to vote by a member of a protected class.
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24 A violation of this subsection may be established if it is shown
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1 that the challenged qualification, law, ordinance, rule, standard,
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2 practice, procedure, policy, or action results in a disparate burden
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3 on members of a protected class and the burden is, under the
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4 totality of the circumstances, related to social and historical
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5 conditions affecting members of the protected class.
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6 D. No political subdivision or any other government official or
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7 entity responsible for election administration shall adopt or
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8 enforce any method of election, or cause an annexation,
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9 incorporation, dissolution, consolidation, or division of a
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10 political subdivision, that has the effect of impairing the equal
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11 opportunity or ability of members of a protected class to nominate
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12 or elect candidates of their choice as a result of diluting the vote
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13 of members of that protected class.
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14 1. A violation of this subsection exists when it is shown that
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15 either:
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16 a. elections in a political subdivision exhibit polarized
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17 voting resulting in an impairment of the equal
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18 opportunity or ability of protected class members to
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19 nominate or elect candidates of their choice, or
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20 b. based on the totality of the circumstances, the equal
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21 opportunity or ability of protected class members to
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22 nominate or elect candidates of their choice is
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23 impaired; and
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1 2. One or more new methods of election or changes to the
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2 existing method of election exist that the court could order
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3 pursuant to paragraph 1 of subsection H of Section 23-102 of Title
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4 26 of the Oklahoma Statutes would likely mitigate the impairment.
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5 E. To the extent that a new method of election or change to the
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6 existing method of election that is presented under paragraph 2 of
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7 subsection D of this section is a proposed district-based plan that
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8 provides protected class members with one or more reasonably
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9 configured districts in which the protected class members would have
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10 an equal opportunity or ability to nominate or elect candidates of
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11 the protected class members' choice, it is not necessary to show
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12 that members of a protected class comprise a majority of the total
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13 population, voting age population, voting eligible population, or
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14 registered voter population in any such district or districts.
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15 F. The fact that members of a protected class are not
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16 geographically compact does not preclude a finding of a violation of
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17 this section but may be a factor in determining whether an
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18 appropriate remedy exists that would likely mitigate the impairment.
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19 G. For claims brought on behalf of a protected class including
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20 one consisting of two or more racial, color, Tribal, or language
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21 minority groups that are politically cohesive in the political
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22 subdivision, the court shall consider only the combined electoral
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23 preferences of those racial, color, Tribal, or language minority
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24 groups in determining whether voting by the protected class is
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1 polarized from other voters. It is not necessary to demonstrate
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2 that voting by members of each racial, color, Tribal, or language
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3 minority group within a protected class, or by any subgroup within a
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4 racial, color, or language minority group, is separately polarized
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5 from other voters.
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6 H. Evidence concerning the causes of, or the reasons for, the
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7 occurrence of polarized voting is not relevant to the determination
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8 of whether polarized voting occurs, or whether candidates or
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9 electoral choices preferred by a protected class would usually be
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10 defeated. Evidence concerning alternate explanations for polarized
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11 voting patterns or election outcomes, including but not limited to
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12 partisan explanations, shall not be considered. Evidence concerning
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13 projected changes in population or demographics may only be
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14 considered when determining whether an appropriate remedy exists
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15 that would likely mitigate the impairment.
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16 SECTION 4. NEW LAW A new section of law to be codified
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17 in the Oklahoma Statutes as Section 23-101 of Title 26, unless there
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18 is created a duplication in numbering, reads as follows:
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19 A. In determining whether, under the totality of the
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20 circumstances, a violation of Section 3 of this act has occurred
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21 with respect to a protected class, a court may consider any of the
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22 following factors:
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23 1. The history of discrimination affecting members of the
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24 protected class;
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1 2. The extent to which members of the protected class are
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2 disadvantaged, or otherwise bear the effects of past public or
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3 private discrimination, in any areas that may hinder their ability
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4 to participate effectively in the political process, including
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5 education, employment, health, criminal justice, housing,
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6 transportation, land use, or environmental protection;
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7 3. Whether members of the protected class vote at a lower rate
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8 than other voters;
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9 4. The use of overt or subtle racial appeals in political
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10 campaigns or by government officials;
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11 5. The extent to which members of the protected class have been
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12 elected to office;
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13 6. The extent to which candidates who are members of the
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14 protected class have faced barriers with respect to accessing the
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15 ballot, receiving financial support, or receiving any other support
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16 for their candidacies for elective office;
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17 7. The extent to which candidates who are members of a
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18 protected class face hostility or barriers while campaigning due to
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19 the protected class membership;
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20 8. The extent of polarized voting;
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21 9. The use of any standard, practice, procedure, or policy that
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22 may enhance the dilutive effects of a challenged method of election;
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1 10. The lack of responsiveness by elected officials to the
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2 particularized needs of protected class members or a community of
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3 protected class members;
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4 11. Whether the challenged method of election, ordinance,
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5 resolution, rule, policy, standard, regulation, procedure, or law
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6 was designed to advance, and does materially advance, a compelling
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7 state interest that is substantiated and supported by evidence; and
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8 12. Any other factor the court may deem relevant.
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9 B. No one factor in subsection A of this section is dispositive
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10 or necessary to establish the existence of a violation of Section 3
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11 of this act, nor shall any specified number or combination of
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12 factors be required in establishing that such a violation has
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13 occurred. The court shall consider a particular factor only if and
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14 to the extent evidence pertaining to that factor is introduced. The
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15 absence of evidence as to any particular factor does not preclude a
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16 finding of a violation of Section 3 of this act.
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17 C. To the extent a claim concerns a political subdivision,
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18 evidence of the factors in subsection A of this section is most
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19 probative if the evidence relates to the political subdivision in
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20 which the alleged violation occurred but still holds probative value
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21 if the evidence relates to the geographic region in which that
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22 political subdivision is located or to this state.
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23 D. Evidence concerning the intent of voters, elected officials,
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24 or the political subdivision to discriminate against members of a
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1 protected class is not required to find a violation of Section 3 of
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2 this act.
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3 E. In determining whether a violation of Section 3 of this act
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4 has occurred, a court shall not consider any of the following:
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5 1. The number of protected class members not burdened by the
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6 challenged qualification, prerequisite, standard, practice, or
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7 procedure;
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8 2. The degree to which the challenged qualification,
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9 prerequisite, standard, practice, or procedure has a long pedigree
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10 or was in widespread use at some earlier date;
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11 3. The use of an identical or similar qualification,
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12 prerequisite, standard, practice, or procedure in other states or
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13 jurisdictions;
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14 4. The availability of other forms of voting unimpacted by the
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15 challenged qualification, prerequisite, standard, practice, or
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16 procedure to all members of the electorate, including members of the
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17 protected class;
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18 5. An impact on potential criminal activity by individual
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19 voters, if those crimes have not occurred in the political
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20 subdivision in substantial numbers, or if the connection between the
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21 challenged policy and any claimed prophylactic effect is not
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22 supported by substantial evidence; or
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23 6. Mere invocation of interests in voter confidence or
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24 prevention of fraud.
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1 SECTION 5. NEW LAW A new section of law to be codified
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2 in the Oklahoma Statutes as Section 23-102 of Title 26, unless there
2
3 is created a duplication in numbering, reads as follows:
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4 A. Except as provided in this section, before filing an action
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5 a prospective plaintiff shall send a notice letter to the political
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6 subdivision identifying the potential violation, the affected
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7 protected class, and the type of remedy the potential plaintiff
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8 believes may address the potential violation. The party may not
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9 file an action related to the violations described in the notice
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10 letter until its receipt of a written denial by the political
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11 subdivision or within sixty (60) days of sending the letter,
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12 whichever is earlier. A notice letter required by this section
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13 shall identify a potential violation of Section 3 of this act with
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14 specificity, including whether the prospective plaintiff believes
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15 the potential violation constitutes voter suppression under
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16 subsection C of Section 3 of this act, vote dilution under
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17 subsection D of Section 3 of this act, or both. The letter shall
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18 include the relevant facts and evidence that the prospective
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19 plaintiff relied upon when evaluating whether a potential violation
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20 of Section 3 of this act exists.
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21 B. Notwithstanding subsection A of this section, a notice
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22 letter shall not be required if:
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23 1. The party is seeking preliminary relief with respect to an
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24 upcoming election in accordance with subsection G of this section;
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1 2. The party is seeking to intervene in or join an existing
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2 action; or
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3 3. Following the party's submission of a notice letter, the
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4 political subdivision enacted a remedy that would not remedy the
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5 violation identified in the letter.
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6 C. The political subdivision shall respond in writing to a
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7 notice letter submitted under subsection A of this section within
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8 sixty (60) days. If the political subdivision does not deny the
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9 potential violation, it shall work in good faith with the party that
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10 submitted the letter to explore and implement any mutually agreed-
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11 upon remedies to cure the potential violation. If the political
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12 subdivision adopts a resolution within sixty (60) days of the filing
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13 of the letter identifying a remedy, affirming its intent to enact
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14 and implement a remedy, and establishing a timeline and specific
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15 steps it will take to do so, the political subdivision shall have
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16 one hundred fifty (150) days from the submission of the letter to
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17 enact and implement a remedy, during which time the party who sent
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18 the letter may not file an action related to those violations
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19 against that political subdivision. A statement, action, or
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20 decision of a political subdivision under this subsection does not
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21 constitute an admission by the political subdivision of its
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22 liability or establish the existence of a violation of Section 3 of
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23 this act.
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1 D. If the political subdivision lacks authority to enact or
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2 implement an identified remedy, the political subdivision may
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3 nonetheless enact and implement the remedy upon approval by the
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4 district court. To seek approval, the political subdivision shall
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5 file a petition in district court that identifies with specificity
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6 the law or other authority that prevents the remedy from being
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7 enacted or implemented. The venue for a petition under this
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8 subsection is in the district court of the county where the
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9 challenged act or practice occurred, or in the District Court of
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10 Oklahoma County. The district court may authorize the political
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11 subdivision to implement or enact the identified remedy
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12 notwithstanding the applicable law or authority to the contrary, if
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13 the court determines that the prospective plaintiff is likely to
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14 succeed in a lawsuit on the merits of the alleged violation, that
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15 the proposed remedy would address the alleged violation, and that
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16 the proposed remedy is narrowly tailored to that purpose.
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17 E. If a political subdivision enacts or implements a remedy in
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18 response to a notice letter submitted under subsection A of this
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19 section, the political subdivision and the party who sent the notice
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20 letter shall mutually agree on a reimbursement amount to be paid by
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21 the political subdivision to that party. The reimbursement amount
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22 shall reflect the reasonable costs associated with producing and
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23 sending the letter and any accompanying evidence, subject to the
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24 limitations of this subsection. To be eligible for a reimbursement,
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1 the party who submitted the notice letter shall submit a request to
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2 the political subdivision in writing. The request shall be received
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3 by the political subdivision within thirty (30) days of its
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4 enactment or adoption of the remedy and be substantiated with
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5 financial documentation including, as applicable, detailed invoices
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6 for expert analysis and reasonable attorney fees. The cumulative
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7 amount of reimbursements to all parties shall not exceed Thirty
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8 Thousand Dollars ($30,000.00). Reimbursement amounts for attorney
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9 fees shall be limited to amounts calculated using a lodestar
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10 methodology.
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11 F. To the extent a party requests reimbursement for a purported
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12 notice letter that fails to comply with the requirements in
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13 subsection A of this section, or the request fails to comply with
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14 this subsection, the political subdivision may dismiss the request.
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15 If the request is dismissed, the political subdivision shall notify
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16 the party in writing of the reasons for the dismissal.
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17 G. 1. The Attorney General, a district attorney, any
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18 individual aggrieved by a violation of this act, any entity whose
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19 membership includes individuals aggrieved by a violation of this
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20 act, any entity whose mission would be impeded by a violation of
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21 this act, or any entity that would expend resources in order to
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22 fulfill its mission as a result of a violation of this act, may file
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23 an action in the district court for the county where the challenged
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24 act or practice has occurred, or in the District Court of Oklahoma
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1 County. Actions brought under this act are subject to expedited
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2 pretrial and trial proceedings and shall receive an automatic
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3 calendar preference. The state is a necessary party in any action
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4 in which an alleged violation is based on a political subdivision's
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5 implementation of a state law, if the state law does not afford
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6 discretion to the political subdivision in its implementation of the
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7 law.
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8 2. In an action related to a districting or redistricting plan,
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9 any individual with standing to challenge any single district shall
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10 be deemed to have standing to challenge the districting or
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11 redistricting plan as a whole.
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12 3. In any action seeking a temporary injunction or other
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13 preliminary relief under this act before an election, the court
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14 shall grant relief if warranted based on the factors considered in
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15 seeking a temporary injunction or preliminary relief under laws of
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16 this state, except that if the court determines that it is possible
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17 to implement appropriate relief that would address an alleged
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18 violation before an election, such relief shall not be denied on the
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19 basis that the election is close in time or that the relief could
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20 result in voter confusion.
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21 H. 1. Notwithstanding any other law, if the court finds a
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22 violation of any provision of Section 3 of this act, the court has
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23 authority to order remedies that are tailored to best mitigate the
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24 violation. Any remedy ordered by the court shall be constructed
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1 liberally in favor of a voter's exercise of the right of suffrage.
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2 The court may consider, among others, any remedy that has been
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3 ordered by a federal court or the court of another state
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4 jurisdiction, including through a court-approved consent decree or
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5 settlement adopted in the context of similar facts or to remedy a
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6 similar violation. The court shall consider remedies proposed by
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7 any party and may consider remedies proposed by interested
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8 nonparties. The court may not provide deference or priority to a
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9 proposed remedy offered by a defendant or political subdivision
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10 simply because the remedy has been proposed by the defendant or
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11 political subdivision.
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12 2. In any action brought under this act, the court, in its
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13 discretion, may allow the prevailing party costs and reasonable
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14 attorney fees. If a party prevails on only a portion of their
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15 action, the court may award costs and attorney fees attributable to
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16 that portion of the action. If the party against whom the action
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17 was filed prevails in the action, the court shall not award that
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18 party any costs or attorney fees unless the court finds the action
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19 is frivolous.
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20 SECTION 6. This act shall become effective November 1, 2026.
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22 60-2-3260 BLB 1/13/2026 9:20:46 AM
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Req. No. 3260 Page 17Every fact on this page links to its source, starting with the official bill record.