Legislation arises from Presidential election

  • Legislation written since the 2020 election.

OKLAHOMA CITY – Only someone born of parents who were U.S. citizens at that time of that birth could be an officially recognized candidate in Oklahoma for President or Vice President, under a bill filed in the state Senate.

Another measure directly related to the quadrennial general election would require Presidential electors to swear an oath not to cast a ballot based on any factors other than election results in this state.

Senate Bill 30 would decree that a “recognized political party” in Oklahoma could not nominate for President or Vice President of the United States anyone who is “not a natural-born citizen” as required by the U.S. Constitution.

The bill stipulates that a person “born within the lands, property and territories subject to the jurisdiction” of the U.S., but whose parents “were not citizens of the United States at the time of birth” of that person, “shall not be considered a natural born citizen and shall be ineligible” to represent the political party as its nominee.

SB 30 was filed by Sen. Nathan Dahm, R-Broken Arrow. The House sponsor is Rep. Tom Gann, R-Inola.

The measure is contrary to the 14th Amendment to the United States Constitution, which provides that, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside.”

Consequently, under federal law, children born in the United States, even if their parents are undocumented immigrants, become U.S. citizens automatically at birth.

The Ledger left a message Tuesday morning with Dahm’s legislative assistant in the State Capitol, but he never returned the call.

Another pre-filed Senate measure also stems from the 2020 Presidential election.

State law provides that every party’s nominee for Presidential Elector must swear an oath to cast a ballot for the persons nominated by his/ her party for the offices of President and Vice President.

Senate Bill 32 would require that oath to further mandate that every Presidential Elector nominee would cast his/her ballot based solely on “election results in this state or as otherwise directed by the Legislature pursuant to the laws of this state” and not “based on the national popular vote or other national election results...”

SB 32 was filed by Sen. David Bullard, R-Durant, and is co-authored by Senator Dahm.

America’s President is not chosen by direct election. When Americans vote for President every four years, they actually vote on a slate of electors nominated by their particular political party.

The President is officially selected by the U.S. Electoral College, a group of presidential electors required by the Constitution to assemble every four years for the sole purpose of electing the President and Vice President. Each state elects a slate of electors equal in number to the state’s congressional delegation; thus, Oklahoma has seven presidential electors. Of the current 538 electors, a majority of 270 or more electoral votes is required to elect the President and Vice President.

State lawmakers will convene on January 5 to organize. The first Regular Session of the 58th Legislature officially begins at noon February 1.