OSCN Found Document:Inactive Voters
Title 26. Elections

Oklahoma Statutes Citationized
  Title 26. Elections
    Chapter A1 - Election Code
        Article Article IV - Voter Registration
        Section 4-120.2 - Inactive Voters
Cite as: 26 O.S. § 4-120.2 (OSCN 2024)


Multiple Amendments Enacted During the 2022 Legislative Session

Version 1 (as amended by Laws 2022, HB 3419, c. 282, § 19, emerg. eff. May 19, 2022)


A.  No later than June 1 of each odd-numbered year, any voter identified within the previous twenty-four (24) months as subject to the provisions of this subsection shall be sent an address confirmation mailing prescribed by the Secretary of the State Election Board and paid for by the state.  The following shall be subject to the provisions of this subsection:

1.  Any voter for whom a first-class mailing from the county election board or the State Election Board was returned;

2.  Any voter identified by the Secretary of the State Election Board as a potential duplicate voter in another county in this state or in another state;

3.  Any voter who has surrendered his or her Oklahoma driver license to Service Oklahoma upon being issued a driver license in another state;

4.  Any voter identified in subsection C of Section 4-118.1 of this title who has not updated his or her voter registration;

5.  Any registered voter identified in subsection F of Section 4-120.3 of this title whose voter registration has not been canceled;

6.  Any active registered voter who did not vote in the second previous general election or any election conducted by a county election board since the second previous general election and who has initiated no voter registration change; and

7.  Any registered voter who was sent a notice and application to update a voter registration address as required by subsection B of Section 4-109.3 of this title, but whose voter registration address has not been updated or canceled.

Voters who do not respond to the confirmation mailing or whose mailing is returned as nonforwardable or undeliverable as addressed shall be designated as inactive sixty (60) days after the mailing.

B.  An inactive voter's status shall be changed to active under the following conditions:

1.  With any registration change initiated by the voter; or

2.  By voting in any election conducted by a county election board.

An inactive voter who does not vote in any election conducted by a county election board during the period beginning on the date of the confirmation mailing and ending on the day after the date of the second successive general election for federal office shall be removed as a registered voter and all the information on that voter shall be destroyed.  Each county election board secretary shall maintain a list of the names and addresses of all persons sent a confirmation mailing as described in this section and information on whether or not each such person has responded to the notice.  The list shall be maintained for twenty-four (24) months following the date of the second successive federal general election after the date of the confirmation mailing.

C.  The secretary of each county election board shall cause all inactive voters in a precinct to be identified on the precinct registry.

D.  No later than June 1 of each odd-numbered year, the Secretary of the State Election Board shall identify duplicate voter registrations in the state and shall direct appropriate county election board secretaries to cancel the voter registration of all but the latest registration of duplicate voter registrations.  Each county election board secretary shall maintain for twenty-four (24) months a list of the names and addresses of all canceled duplicate voter registrations.  For the purposes of this subsection, duplicate voter registrations are those registrations which contain the following identical information on more than one registration:

1.  First name, middle name or initial, last name, and date of birth;

2.  Driver license number and date of birth; or

3.  Last name, date of birth, and the last four digits of the Social Security number.


Version 2 (as amended by Laws 2022, HB 3365, c. 293, § 4, eff. January 1, 2023)


A.  No later than June 1 of each odd-numbered year, any voter identified within the previous twenty-four (24) months as subject to the provisions of this subsection shall be sent an address confirmation mailing prescribed by the Secretary of the State Election Board and paid for by the state. The following shall be subject to the provisions of this subsection:

1.  Any voter for whom a first-class mailing from the county election board or the State Election Board was returned;

2.  Any voter identified by the Secretary of the State Election Board as a potential duplicate voter in another county in this state or in another state;

3.  Any voter identified in subsection C of Section 4-118.1 of this title who has not updated his or her voter registration;

4.  Any registered voter identified in subsection F of Section 4-120.3 of this title whose voter registration has not been canceled;

5.  Any active registered voter who did not vote in the second previous general election or any election conducted by a county election board since the second previous general election and who has initiated no voter registration change;  

6.  Any registered voter who was sent a notice and application to update a voter registration address as required by subsection B of Section 4-109.3 of this title, but whose voter registration address has not been updated or canceled; and

7.  Any voter who is registered to vote and has the same address of residence as five or more other registered voters. "Same address of residence" means the same street name, same street direction, same street type, same street post direction, same street number, same building or apartment number, and same ZIP code.

Voters who do not respond to the confirmation mailing or whose mailing is returned as nonforwardable or undeliverable as addressed shall be designated as inactive sixty (60) days after the mailing.

B.  An inactive voter's status shall be changed to active under the following conditions:

1.  With any registration change initiated by the voter; or

2.  By voting in any election conducted by a county election board. An inactive voter who does not vote in any election conducted by a county election board during the period beginning on the date of the confirmation mailing and ending on the day after the date of the second successive general election for federal office shall be removed as a registered voter and all the information on that voter shall be destroyed.  Each county election board secretary shall maintain a list of the names and addresses of all persons sent a confirmation mailing as described in this section and information on whether   each such person has responded to the notice.  The list shall be maintained for twenty-four (24) months following the date of the second successive federal general election after the date of the confirmation mailing.

C.  The secretary of each county election board shall cause all inactive voters in a precinct to be identified on the precinct registry.

D.  No later than June 1 of each odd-numbered year, the Secretary of the State Election Board shall identify duplicate voter registrations in the state and shall direct appropriate county election board secretaries to cancel the voter registration of all but the latest registration of duplicate voter registrations.  Each county election board secretary shall maintain for twenty-four (24) months a list of the names and addresses of all canceled duplicate voter registrations. For the purposes of this subsection, duplicate voter registrations are those registrations which contain the following identical information on more than one registration:

1.  First name, middle name or initial, last name, and date of birth;

2.  Driver license number and date of birth; or

3.  Last name, date of birth, and the last four digits of the Social Security number.

Historical Data


Laws 1981, SB 242, c. 45, § 3, emerg. eff. April 8, 1981; Amended by Laws 1983, SB 321, c. 171, § 5, emerg. eff. June 6, 1983; Amended by Laws 1990, SB 619, c. 331, § 8, emerg. eff. July 1, 1990; Amended by Laws 1991, SB 478, c. 321, § 7, eff. March 1, 1992; Amended by Laws 1994, SB 770, c. 260, § 21, eff. September 1, 1994; Amended by Laws 1997, HB 1734, c. 177, § 1, eff. November 1, 1997 (superseded document available); Amended by Laws 1998, SB 1370, c. 357, § 9, eff. January 1, 1999 (superseded document available); Amended by Laws 1999, SB 410, c. 88, § 5, emerg. eff. April 13, 1999 (superseded document available); Amended by Laws 2010, SB 1910, c. 189, § 9, eff. January 1, 2010 (superseded document available); Amended by Laws 2015, SB 114, c. 377, § 2, eff. January 1, 2016 (superseded document available); Amended by Laws 2017, SB 148, c. 242. § 2, emerg. eff. May 12, 2017 (superseded document available); Amended by Laws 2022, HB 3419, c. 282, § 19, emerg. eff. May 19, 2022 (superseded document available); Amended by Laws 2022, HB 3365, c. 293, § 4, eff. January 1, 2023 (superseded document available).

Citationizer© Summary of Documents Citing This Document
Cite Name Level
Oklahoma Supreme Court Cases
 CiteNameLevel
 1996 OK 92, 933 P.2d 872, 67 OBJ 2587, Jones v. Johnston County Election BoardCited
Title 26. Elections
 CiteNameLevel
 26 O.S. 4-121, Multistate Voter List Maintenance Organizations - Secretary of the State Election BoardCited
 26 O.S. 4-120, Cancellation of RegistrationsCited
Citationizer: Table of Authority
Cite Name Level
Title 26. Elections
 CiteNameLevel
 26 O.S. 4-120.3, Deceased Persons - Cancellation of RegistrationCited
 26 O.S. 4-120.2, Inactive VotersCited
 26 O.S. 4-120.2, Inactive VotersCited
 26 O.S. 4-118.1, United States Postal Service Change of Address Dataset - Sharing - Use of RecordsCited
 26 O.S. 4-120.2, Inactive VotersCited
 26 O.S. 4-120.2, Inactive VotersCited
 26 O.S. 4-109.3, Application for Voter RegistrationCited