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Difference between revisions of "Laws governing the initiative process in Oklahoma"

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{{law}}<div style="float:right; margin:0 0 1em 1em;">__TOC__</div>
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=Laws and procedures=
==Basic Procedures==
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{{law}}{{TOC maker|1H=Laws and procedures
 +
|1.1=Crafting an initiative
 +
|1.1.1=Single-subject rule
 +
|1.1.2=Subject restrictions
 +
|1.1.3=Competing initiatives
 +
|1.2=Starting a petition
 +
|1.2.1=Applying to petition
 +
|1.2.2=Proposal review/approval
 +
|1.2.3=Petition summary
 +
|1.2.4=Fiscal review
 +
|1.3=Collecting signatures
 +
|1.3.1=Number required
 +
|1.3.2=Distribution requirements
 +
|1.3.3=Restrictions on circulators
 +
|1.3.4=Electronic signatures
 +
|1.3.5=Deadlines for collection
 +
|1.4=Getting on the ballot
 +
|1.4.1=Signature verification
 +
|1.4.2=Ballot title and summary
 +
|1.5=The election and beyond
 +
|1.5.1=Supermajority requirements
 +
|1.5.2=Effective date
 +
|1.5.3=Litigation
 +
|1.5.4=Legislative tampering
 +
|1.5.5=Re-attempting an initiative
 +
|1.6=Funding an initiative campaign
 +
|1.7=State initiative law
 +
|2H=Changes in the law}}
  
In order to file an initiative in [[Oklahoma]], take your [[initiative]] petition in final camera-ready artwork form to the [[Secretary of State]]. Once the initiative is filed with the Secretary of State, you can begin to collect signatures.
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'''Citizens of [[Oklahoma]] may [[initiative|initiate]] legislation as either a [[Initiated state statute|state statute]] or a [[Initiated constitutional amendment|constitutional amendment]]. In Oklahoma, citizens also have the power to repeal legislation via [[veto referendum]]. The [[Oklahoma State Legislature]] may also place measures on the ballot as {{Lrcafull}}s or [[Legislatively-referred state statute|legislatively-referred state statutes]] with a majority vote of each chamber.'''
  
'''Note:''' the legislature or the Governor can order an initiative to appear on a special election ballot.
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==Crafting an initiative==
  
Oklahoma is the only state that requires the name of the petition signer to be on the back of the petition.
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''Of the 24 states that allow citizens to initiate legislation through the petition process, several states have adopted restrictions and regulations that limit the scope and content of proposed initiatives. These regulations may include laws that mandate that initiatives address only one topic, restrict the range of acceptable topics for proposed laws, prohibit unfunded mandates, and establish guidelines for adjudicating contradictory measures.''
  
===Deadlines===
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===Single-subject rule===
  
The initiative can be submitted for the November general election at any time. However, the Secretary of State recommends submitting them 8 months prior to the election. This is because the state has a provision that the [[ballot title]] set by the Secretary of State can be challenged. If a ballot title is challenged, the [[Oklahoma Supreme Court|state supreme court]] reviews the challenge. Since there is no statutory requirement to rule on the challenge, there have been instances where courts have taken over a year to make a ruling. However, the absolute latest deadline for submitting signatures is 60 days prior to the election (primary or general).
+
{{LawLinkParser|State=Oklahoma|Link=Single-subject rule}}
  
See [[petition drive deadlines in 2008]].
+
Oklahoma has a [[single-subject rule]] for both initiated statutes and initiated amendments. However, the language of each requirement could be construed as applying only to legislative acts and legislatively-referred constitutional amendments, respectively. The cases below establish and clarify the application of these requirements to citizen-initiated measures.
  
===Circulation period===
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[[File:DocumentIcon.jpg|link=Portal:Ballot measure law]] <span style="color:#404040">'''''See law:''' [[Article V, Oklahoma Constitution#Section 57| Oklahoma Constitution, Article V, Section 57]] ([http://174.123.24.242/leagle/xmlResult.aspx?xmldoc=19911832813P2d1019_11816.xml&docbase=CSLWAR2-1986-2006 In re Initiative Petition No. 347]) & [[Article XXIV, Oklahoma Constitution| Article XXIV, Section 1]] ([http://174.123.24.242/leagle/xmlResult.aspx?xmldoc=19801220625P2d595_11214.xml&docbase=CSLWAR1-1950-1985 In re Initiative Petition No. 314])''</span>
  
Each individual petition has its own deadline.  Once the petition drive has commenced, the signatures must be collected and turned in to the government within ninety days of the day the first signature was collected.
+
===Subject restrictions===
  
===Number of required signatures===
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{{LawLinkParser|State=Oklahoma|Link=Subject restrictions (ballot measures)}}
  
:: ''Main article: [[Oklahoma signature requirements]]''
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Initiated measures and amendments are not governed by subject restrictions in [[Oklahoma]]. In addition, they are not required to specify a funding source for mandated expenditures.
  
The number of [[Signature collection|signatures]] that must be collected is tied to the total votes cast for the office receiving the most votes in the last General Election. Below are the number based on the 2005 General Election. Signatures are presumed valid unless challenged.
+
[[File:DocumentIcon.jpg|link=Portal:Ballot measure law]] <span style="color:#404040">'''''See law:''' [[Article V, Oklahoma Constitution#Section 1| Oklahoma Constitution, Article V, Sections 1-8, 57]] ''';''' [[Article XXIV, Oklahoma Constitution| Article XXIV, Sections 1-3]] & [http://webserver1.lsb.state.ok.us/OK_Statutes/CompleteTitles/os34.rtf Oklahoma Statutes, Title 34]''</span>
*Referendum (5%) 46,324
+
*Initiative (8%) 74,117
+
*Initiative for Constitutional Change (15%) 138,970
+
*Rejected Initiative or Referendum Measures (25%) 231,616 ([[OK I&R #Signatures|1]])
+
  
===[[Distribution requirement]]===
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===Competing initiatives===
  
None.
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{{LawLinkParser|State=Oklahoma|Link=Superseding initiative|Link2=Poison pill (ballot measures){{!}}"Poison pills"|Link3=List of Oklahoma ballot measures}}
  
===Residency of circulators===
+
Oklahoma law provides that in the event that two measures conflict, the measure with the most affirmative votes supersedes the other on all points of conflict. The other measure is not wholly superseded.
  
:: ''Main article: [[Residency requirements for petition circulators]]''
+
Oklahoma law is unique in providing a second chance when two conflicting measures are both defeated. In situations where two similar measures conflict, voters in favor these measures' shared provisions may be divided over their differences. This can cause both measures to fail even if both sides would prefer either measure to no measure. In Oklahoma, if two conflicting measure are defeated, then the one with the most affirmative votes (provided it received at least 1/3 of the total vote for/against both measures) is resubmitted to voters at the next election. 
  
In 1969, Oklahoma passed a law saying that petition circulators must be [[residency requirements for petition circulators|residents]] of the state. In October 2007, [[Oklahoma Attorney General]] [[Drew Edmondson]] launched a criminal prosecution of [[Free Paul Jacob|Paul Jacob]], [[Susan Johnson]] and [[Rick Carpenter]] for allegedly violating the state's residency requirement in a 2005 petition drive to put the [[Oklahoma Stop Overspending (2006)|Stop Overspending]] initiative on the state's ballot.
+
[[File:DocumentIcon.jpg|link=Portal:Ballot measure law]] <span style="color:#404040">'''''See law:''' [http://webserver1.lsb.state.ok.us/OK_Statutes/CompleteTitles/os34.rtf Oklahoma Statutes, Title 34, Section 34-21]''</span>
  
The residency requirement was, at the time of Edmondson's indictment, being challenged in federal court in the case of ''[[Yes on Term Limits v. Savage]]'' as unconstitutional. On December 18, 2008, the [[United States Court of Appeals for the Tenth Circuit|Tenth Circuit]] unanimously invalidated Oklahoma's residency law on the grounds of unconstitutionality.<ref>[http://www.ballot-access.org/2009/01/21/10th-circuit-refuses-to-rehear-case-on-out-of-state-circulators/ ''Ballot Access News'', "10th Circuit Refuses to Rehear Case on Out-of-State Circulators", January 21, 2009]</ref>
+
==Starting a petition==
 +
''Each initiative and referendum state employs a different procedure for filing petition applications. Some states require preliminary signatures while others do not. In addition, several states review each proposed statute, verifying that the law conforms to the style and conventions of state law and recommending alterations to initiative proponents. Some of these of these states also review the law for more substantive considerations of content and consistency. Also, many states conduct a review of the ballot title and summary, and several states employ a fiscal review process which analyzes proposed laws to determine their impact on state finances.<ref name="NCSLrev">[http://www.ncsl.org/default.aspx?tabid=16590 ''NCSL,'' "Drafting the Initiative Proposal," Accessed May 19, 2011]</ref><ref>[http://www.ncsl.org/default.aspx?tabid=16534 ''NCSL,'' "Preparation of a Fiscal Analysis," Accessed May 19, 2011]</ref><ref name="NCSLsum">[http://www.ncsl.org/default.aspx?tabid=16586 ''NCSL,'' "Preparation of a Ballot Title and Summary," Accessed May 19, 2011]</ref>''
  
Edmondson then, on January 22, announced both that the residency requirement is no longer "legally enforceable" and that he was dropping his prosecution of the [[Oklahoma 3]].<ref>[http://www.tulsaworld.com/news/article.aspx?subjectid=298&articleid=20090122_298_0_OKLAHO827281 ''Associated Press'', "State won't appeal initiative petition ruling", January 21, 2009]</ref>
+
===Applying to petition===
  
See also: [[Oklahomans for Modern Alcoholic Beverage Controls v. Shelton]].
+
::''See also: [[Approved for circulation]]''
  
===Single Subject Restriction===
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Prior to collecting signatures, proponents of a ballot measure must file a copy of their petition with the [[Oklahoma Secretary of State|Secretary of State]]. In addition, they must file separate copies of the measure's text with the Secretary of State and the [[Oklahoma Attorney General|Attorney General]]. (The text of the measure must also appear on the petitions.) Proponents should also file a short (200 words or less) ballot title with the Secretary, explaining the measure. (The title is not included on the petition.)
  
Oklahoma has a [[single-subject rule]].
+
[[File:DocumentIcon.jpg|link=Portal:Ballot measure law]] <span style="color:#404040">'''''See law:''' [[Article V, Oklahoma Constitution#Section 2| Oklahoma Constitution, Article V, Section 2]] & [http://webserver1.lsb.state.ok.us/OK_Statutes/CompleteTitles/os34.rtf Oklahoma Statutes, Title 34, Sections 34-8(A) and 34-9(A,B)]''</span>
 +
 
 +
===Proposal review/approval===
 +
 
 +
::''See also: [[Approved for circulation]]''
 +
 
 +
The Secretary of State reviews the petition form and transmits the ballot title to the Attorney General for review. If the ballot title is inaccurate, biased, misleading, or difficult to read, the Attorney General makes the necessary revisions and returns the revised version to the Secretary. Once this review is complete, a notice of the filing is published in a paper of "general circulation" and the Secretary certifies the text of the measure and the final title with the State Election Board. 
 +
 +
[[File:DocumentIcon.jpg|link=Portal:Ballot measure law]] <span style="color:#404040">'''''See law:''' [http://webserver1.lsb.state.ok.us/OK_Statutes/CompleteTitles/os34.rtf Oklahoma Statutes, Title 34, Section 34-9(A,B,D)]''</span>
 +
 
 +
===Fiscal review===
 +
 
 +
{{LawLinkParser|State=Oklahoma|Link=Fiscal impact statement}}
 +
 
 +
Oklahoma does not require a fiscal review of state ballot questions.
 +
 
 +
[[File:DocumentIcon.jpg|link=Portal:Ballot measure law]] <span style="color:#404040">'''''See law:''' [[Article V, Oklahoma Constitution#Section 1| Oklahoma Constitution, Article V, Sections 1-8, 57]] ''';''' [[Article XXIV, Oklahoma Constitution| Article XXIV, Sections 1-3]] & [http://webserver1.lsb.state.ok.us/OK_Statutes/CompleteTitles/os34.rtf Oklahoma Statutes, Title 34]''</span>
 +
 
 +
==Collecting signatures==
 +
''Each initiative and referendum state employs a unique method of calculating the state's signature requirements. Some states mandate a certain fraction of registered voters while others base their calculation on those who actually voted in a preceding election. In addition, many states employ a distribution requirement, dictating where in the state these signatures must be collected. Beyond these overarching requirements, many states regulate the manner in which signatures may be collected and the timeline for collecting them.''
 +
===Number required===
 +
 
 +
:: ''See also: [[Oklahoma signature requirements]]''
 +
 
 +
{{oksigreq}}
 +
 
 +
===Distribution requirements===
 +
 
 +
::''See also: [[Distribution requirement]]s''
 +
 
 +
Oklahoma does not have a distribution requirement for petition signatures.
 +
 
 +
[[File:DocumentIcon.jpg|link=Portal:Ballot measure law]] <span style="color:#404040">'''''See law:''' [[Article V, Oklahoma Constitution#Section 1| Oklahoma Constitution, Article V, Sections 1-8, 57]] ''';''' [[Article XXIV, Oklahoma Constitution| Article XXIV, Sections 1-3]] & [http://webserver1.lsb.state.ok.us/OK_Statutes/CompleteTitles/os34.rtf Oklahoma Statutes, Title 34]''</span>
 +
 
 +
===Restrictions on circulators===
 +
====Pay-per-signature====
 +
 
 +
:: ''See also: [[Pay-per-signature]]''
 +
 
 +
Oklahoma does not ban paying circulators by the signature.
 +
 
 +
[[File:DocumentIcon.jpg|link=Portal:Ballot measure law]] <span style="color:#404040">'''''See law:''' [[Article V, Oklahoma Constitution#Section 1| Oklahoma Constitution, Article V, Sections 1-8, 57]] ''';''' [[Article XXIV, Oklahoma Constitution| Article XXIV, Sections 1-3]] & [http://webserver1.lsb.state.ok.us/OK_Statutes/CompleteTitles/os34.rtf Oklahoma Statutes, Title 34]''</span>
 +
 
 +
====Out-of-state circulators====
 +
 
 +
:: ''See also: [[Residency requirements for petition circulators]]''
 +
 
 +
Oklahoma does not require signature gatherers to be state residents. It used to limit signature gathering to "qualified electors" (and thus residents), but this statute was overturned in ''[[Yes on Term Limits v. Savage]]''.
 +
 
 +
[[File:DocumentIcon.jpg|link=Portal:Ballot measure law]] <span style="color:#404040">'''''See law:''' [http://webserver1.lsb.state.ok.us/OK_Statutes/CompleteTitles/os34.rtf Oklahoma Statutes, Title 34, Section 34-3.1] & [http://scholar.google.com/scholar_case?case=8293578514734863787&hl=en&as_sdt=2&as_vis=1&oi=scholarr Yes on Term Limits v. Savage]''</span>
 +
 
 +
====Badge requirements====
 +
 
 +
{{LawLinkParser|State=Oklahoma|Link=Badge requirements}}
 +
 
 +
Oklahoma law does not require the circulator's paid/volunteer status to be disclosed.
 +
 
 +
[[File:DocumentIcon.jpg|link=Portal:Ballot measure law]] <span style="color:#404040">'''''See law:''' [[Article V, Oklahoma Constitution#Section 1| Oklahoma Constitution, Article V, Sections 1-8, 57]] ''';''' [[Article XXIV, Oklahoma Constitution| Article XXIV, Sections 1-3]] & [http://webserver1.lsb.state.ok.us/OK_Statutes/CompleteTitles/os34.rtf Oklahoma Statutes, Title 34]''</span>
 +
 
 +
===Electronic signatures===
 +
 
 +
::''See also: [[Electronic petition signature]]s''
 +
 
 +
Since electronic signatures are an emerging technology, the constitutionality of bans on e-signatures and the legality of e-signatures in states without bans is largely untested.  Oklahoma law ''does'' mandate that petitions be printed on legal (8 1/2" x 14") paper.
 +
 
 +
[[File:DocumentIcon.jpg|link=Portal:Ballot measure law]] <span style="color:#404040">'''''See law:''' [http://webserver1.lsb.state.ok.us/OK_Statutes/CompleteTitles/os34.rtf Oklahoma Statutes, Title 34, Section 34-4]''</span>
 +
 
 +
===Deadlines for collection===
 +
 
 +
::''See also: [[:Category:Ballot initiative petition drive deadlines|Petition drive deadlines]]; [[Circulation period]]''
 +
 
 +
In Oklahoma, proponents may circulate a petition for 90 days after their initial filing. Measures are placed on the next general election ballot, but the Governor may call a special election or place the measure on the primary ballot. Oklahoma recommends that signatures be submitted 8 months prior to the election. However, signatures must be submitted 60 days before an election in order to be placed on that election's ballot.<ref>[http://www.ncsl.org/default.aspx?tabid=16532 ''NCSL,'' "Petition Circulation Periods," May 2002]</ref><ref>[http://www.citizensincharge.org/states/oklahoma Citizens in Charge, "State Profile: Oklahoma," Accessed on December 1, 2011]</ref>
 +
 
 +
[[File:DocumentIcon.jpg|link=Portal:Ballot measure law]] <span style="color:#404040">'''''See law:''' [[Article V, Oklahoma Constitution#Section 3| Oklahoma Constitution, Article V, Section 3]] & [http://webserver1.lsb.state.ok.us/OK_Statutes/CompleteTitles/os34.rtf Oklahoma Statutes, Title 34, Section 34-25]''</span>
 +
 
 +
==Getting on the ballot==
 +
 
 +
''Once signatures have been collected, state officials must verify that requirements are met and that fraudulent signatures are excluded. States generally employ a random sample process or a full verification of signatures. After verification, the issue must be prepared for the ballot. This often involves preparing a fiscal review and ballot summary.'' 
 +
===Signature verification===
 +
 
 +
::''See also: [[Signature certification]]''
 +
 
 +
Once the signatures have been gathered, the Secretary of State counts each signature, excluding any signatures or sheets that are not in the proper form and any signatures that are duplicated or fraudulent. The Secretary then submits this total (along with the vote totals relevant to calculating the signature requirement) to the [[Judgepedia:Oklahoma Supreme Court|Oklahoma Supreme Court]] which makes the final determination of sufficiency. The Secretary, upon receiving the determination of the court, is required to publish the results in a paper of "general circulation."
 +
 
 +
[[File:DocumentIcon.jpg|link=Portal:Ballot measure law]] <span style="color:#404040">'''''See law:''' [http://webserver1.lsb.state.ok.us/OK_Statutes/CompleteTitles/os34.rtf Oklahoma Statutes, Title 34, Sections 34-6.1 and 34-8(G,H)]''</span>
 +
 
 +
===Ballot title and summary===
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 +
::''See also: [[Ballot title]]''
 +
 
 +
In Oklahoma, each measure is given two generic names--one designating its filing as a state question (State Question No. 744, State Question No. 745, State Question No. 746) and one designating its filing as an initiative, referendum, legislative referral (Initiative Petition No 391, Referendum Petition No. 23, Legislative Referendum No. 347). Each number is assigned according to the date of initial filing--whether or not the petition is ultimately placed on the ballot. Each series began with one. The [https://www.sos.ok.gov/documents/questions/1.pdf first state question] was referred by the state legislature and placed on the November 3, 1908 ballot.
 +
 
 +
The descriptive title is assigned during the initial review of the petition. It must fairly and accurately describe the measure in less than 200 words. In addition, it must be free of jargon, be written at an eighth grade reading level, and clearly represent the effect of a "yes" or "no" vote ("yes" votes must always be in favor of the proposition).
 +
 
 +
*A sample ballot can be found [http://api.ning.com/files/u3mao7Fx57TQjzQ9LvLON-*pthtPXECRGkceAhD-AGHf8kVW7gX002NHfKsbdilTXV*r5WOQ*C8TM*IBjQcbzJKjhd63wXaQ/11210Genback001.jpg here.]
 +
 
 +
[[File:DocumentIcon.jpg|link=Portal:Ballot measure law]] <span style="color:#404040">'''''See law:''' [http://webserver1.lsb.state.ok.us/OK_Statutes/CompleteTitles/os34.rtf Oklahoma Statutes, Title 34, Section 34-7]''</span>
 +
 
 +
==The election and beyond==
 +
''Ballot measures face additional challenges beyond qualifying for the ballot and receiving a majority of the vote. Several states require ballot measures to get more than a simple majority. While some states mandate a 3/5 supermajority, others states set the margin differently. In addition, ballot measures may face legal challenge or modification by legislators. If a ballot measure does fail, some states limit how soon that initiative can be re-attempted.''
 +
 
 +
===Supermajority requirements===
 +
 
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::''See also: [[Supermajority requirement]]s
 +
 
 +
In Oklahoma, each ballot measure requires only a simple majority of the votes cast for or against it. 
 +
 
 +
[[File:DocumentIcon.jpg|link=Portal:Ballot measure law]] <span style="color:#404040">'''''See law:''' [[Article V, Oklahoma Constitution#Section 3| Oklahoma Constitution, Article V, Section 3]] ''';''' [[Article XXIV, Oklahoma Constitution| Article XXIV, Section 1]]''</span>
 +
 
 +
===Effective date===
 +
 
 +
Oklahoma ballot measures take effect upon approval by voters.
 +
 
 +
[[File:DocumentIcon.jpg|link=Portal:Ballot measure law]] <span style="color:#404040">'''''See law:''' [[Article V, Oklahoma Constitution#Section 3| Oklahoma Constitution, Article V, Section 3]]''</span>
 +
 
 +
===Litigation===
 +
 
 +
::''See also: [[Ballot measure lawsuit news]]''
 +
 
 +
Two periods are allotted for challenging a measure, each dedicated to specific aspects of the initiative process:
 +
 
 +
:1. For ten days after the publication of the ballot title, any citizen may challenge the constitutionality of the petition. Also during this period, any person may challenge a measure's ballot title. This challenge must contain a suggested alternative ballot title. Ballot titles for legislative referrals may not be challenged. The signature collection period, beginning with the initial filing, is not shortened by legal challenges. The 90-day limit restarts following the final decision on a challenge. 
 +
 +
:2. For ten days following the publication of the signature count results, any citizen may challenge the official signature count. Only the signature count may be contested during this period.
 +
 
 +
All challenges should be filed in the [[Judgepedia:Oklahoma Supreme Court|Oklahoma Supreme Court]]. If the Court determines that any challenge is frivolous, the Court may impose "appropriate sanctions, including an award of costs and attorneys fees to either party as the Court deems equitable."
 +
 
 +
[[Citizens in Charge]], a non-profit that promotes initiative rights, makes the following observation about Oklahoma process for legal challenges: "There is no statutory requirement for the state to rule on [a ballot title] challenge. There have been instances when the court has taken over a year to make a ruling."<ref>[http://www.citizensincharge.org/states/oklahoma Citizens in Charge, "State Profile: Oklahoma," Accessed on December 1, 2011]</ref>
 +
 
 +
[[File:DocumentIcon.jpg|link=Portal:Ballot measure law]] <span style="color:#404040">'''''See law:''' [http://webserver1.lsb.state.ok.us/OK_Statutes/CompleteTitles/os34.rtf Oklahoma Statutes, Title 34, Sections 34-8, -10, -11]''</span>
  
 
===Legislative tampering===
 
===Legislative tampering===
  
The legislature can both repeal and amend [[initiative]]s, according to a court ruling.
+
::''See also: [[Legislative tampering]]''
 +
 
 +
The [[Oklahoma State Legislature]] may repeal an initiated statute with a simple majority vote. In order to change or repeal a constitutional amendment, lawmakers must place an amendment on the ballot via the ordinary referral process (a simple majority vote of each chamber). 
 +
 
 +
[[File:DocumentIcon.jpg|link=Portal:Ballot measure law]] <span style="color:#404040">'''''See law:''' [[Article V, Oklahoma Constitution#Section 7| Oklahoma Constitution, Article V, Section 7]]''</span>
 +
 
 +
===Re-attempting an initiative===
 +
 
 +
In Oklahoma, no measure rejected by voters may be initiated again within three years unless proponents can gather signatures equal to 25% of the total vote cast for governor in the last gubernatorial election. Initiated amendments and statutes ordinarily require 15% and 8%, respectively.
 +
 
 +
[[File:DocumentIcon.jpg|link=Portal:Ballot measure law]] <span style="color:#404040">'''''See law:''' [[Article V, Oklahoma Constitution#Section 6| Oklahoma Constitution, Article V, Section 6]]''</span>
 +
 
 +
==Funding an initiative campaign==
 +
 
 +
:: ''See also: [[Campaign finance requirements for Oklahoma ballot measures]]''
 +
 
 +
Some of the features of Oklahoma's campaign finance laws are:
 +
 
 +
* Ballot measure groups are called Political Action Committees in which they are treated the same as PAC's.
 +
* Oklahoma bans contributions made from one PAC to the other.
 +
* All campaign expenditures cannot exceed the fair market value regardless for which good or service was sold.
 +
* Oklahoma allows corporations and labor unions to donate to PAC's registered in support or opposition of a referendum.
 +
* Oklahoma requires 24 hour reporting for paid advertisements over $5,000.
 +
* Oklahoma requires 24 hour reporting for all campaign contributions over $500 in the last fourteen (14) days before an election.
 +
 
 +
==State initiative law==
 +
 
 +
''Articles V and XXIV of the Oklahoma Constitution address initiatives.''
 +
 
 +
*'''[[Article V, Oklahoma Constitution]]
 +
*'''[[Article XXIV, Oklahoma Constitution]]
 +
 
 +
''Title 34 of the Oklahoma Statutes governs initiatives.''
 +
 
 +
*'''[http://webserver1.lsb.state.ok.us/OK_Statutes/CompleteTitles/os34.rtf Oklahoma Statutes, Title 34]'''
 +
 
 +
==External links==
 +
*[https://www.sos.ok.gov/gov/petition_process.aspx Oklahoma Secretary of State, "Brief of the Petition Process for State Questions"]
 +
 
 +
*[https://www.sos.ok.gov/gov/proposed_questions.aspx Oklahoma Secretary of State, "Proposed State Questions"]
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 +
*[https://www.sos.ok.gov/gov/proposed_questions.aspx Oklahoma Secretary of State, "Search Past State Questions"]
 +
 
 +
==References==
 +
{{reflist}}
 +
{{Laws governing ballot measures}}
 +
{{Oklahoma}}
 +
 
 +
__notoc__
 +
 
 +
=Changes in the law=
 +
{{law}}{{TOC maker|1H=Laws and procedures|2H=Changes in the law|2.1=Proposed changes by year|2.1.1=2012|2.1.2=2011|2.1.3=2010}}
 +
'''The following laws have been proposed which modify [[Portal:Ballot measure law|ballot measure law]] in Oklahoma.'''
 +
==Proposed changes by year==
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===2012===
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 +
:: ''See also: [[Changes in 2012 to laws governing ballot measures]]''
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{{scroll box
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===2011===
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:: ''See also: [[Changes in 2011 to laws governing ballot measures]]
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{{scroll box
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<br>
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===2010===
  
==Oklahoma's ballot access rating==
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:: ''See also: [[Changes in 2010 to laws governing ballot measures]]
In June of 2007, ''Ballot Access News'' gave [[Oklahoma]] the lowest rating for its ballot access rules for putting the names of minor political parties on the ballot, due to its having the largest (3 percent) requirement of signatures needed to place a party on the [[ballot]].<ref>[http://www.ballot-access.org/2007/060107.html#3 Ballot Access Comparison Chart]</ref>
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{{Laws governing ballot measures}}
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{{Oklahoma}}
  
==Initiative and Referendum Law==
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<headertabs/>
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__NOTOC__
  
*[http://www.iandrinstitute.org/New%20IRI%20Website%20Info/I&R%20Research%20and%20History/I&R%20at%20the%20Statewide%20Level/Constitution%20and%20Statutes/Oklahoma.pdf Oklahoma Initiative and Referendum Constitution and Statutes]
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[[Category:Ballot measure law, Oklahoma]]
*[http://www.sos.state.ok.us/exec_legis/brief_of_petition_process.htm Initiative and Referendum Brief by the Oklahoma Secretary of State]
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[[Category:Laws governing the initiative process, by state]]
  
====External Links====
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[[Category:States with initiated statutes]]
*[http://www.sos.state.ok.us/exec_legis/Singature_requirements.htm Oklahoma Signature Requirements] (1)
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[[Category:States with initiated amendments]]
*[http://www.sos.state.ok.us/exec_legis/brief_of_petition_process.htm Brief of Petition Process in Oklahoma]
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[[Category:States with veto referendum]]
*[http://www.oscn.net/applications/oscn/deliverdocument.asp?citeID=71554 Residency Requirements](2)
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*[http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=42387 Oklahoma for Modern Beverage Controls v. Shelton] (3)
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*[http://ndopinions.blogspot.com/2007/07/initiative-petitions.html Opinions from Oklahoma courts governing the initiative process]
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*[http://newsok.com/its-toast-state-ballot-blander-than-in-past/article/3275617 It's toast: State ballot blander than in past]
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====References====
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[[Category:States with a single-subject rule]]
<references />
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[[Category:States with a superseding initiative rule]]
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[[Category:States with a limit on re-attempting initiatives]]
  
{{Laws governing the initiative process}}
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[[Category:Petition verification, actual]]
{{oklahoma}}
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[[Category:Oklahoma]]
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[[Category:Circulation period, less than one year]]
[[Category:State Initiative Laws]]
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Revision as of 14:22, 30 August 2012

[edit]

Ballot law
BallotLaw final.png
State laws
Initiative law
Recall law
Statutory changes
Court cases
Lawsuit news
Ballot access rulings
Recent court cases
Petitioner access
Ballot title challenges
Superseding initiatives
Signature challenges
Laws governing
local ballot measures
Contents
1 Laws and procedures
1.1 Crafting an initiative
1.1.1 Single-subject rule
1.1.2 Subject restrictions
1.1.3 Competing initiatives
1.2 Starting a petition
1.2.1 Applying to petition
1.2.2 Proposal review/approval
1.2.3 Petition summary
1.2.4 Fiscal review
1.3 Collecting signatures
1.3.1 Number required
1.3.2 Distribution requirements
1.3.3 Restrictions on circulators
1.3.4 Electronic signatures
1.3.5 Deadlines for collection
1.4 Getting on the ballot
1.4.1 Signature verification
1.4.2 Ballot title and summary
1.5 The election and beyond
1.5.1 Supermajority requirements
1.5.2 Effective date
1.5.3 Litigation
1.5.4 Legislative tampering
1.5.5 Re-attempting an initiative
1.6 Funding an initiative campaign
1.7 State initiative law
2 Changes in the law

Citizens of Oklahoma may initiate legislation as either a state statute or a constitutional amendment. In Oklahoma, citizens also have the power to repeal legislation via veto referendum. The Oklahoma State Legislature may also place measures on the ballot as legislatively-referred constitutional amendments or legislatively-referred state statutes with a majority vote of each chamber.

Crafting an initiative

Of the 24 states that allow citizens to initiate legislation through the petition process, several states have adopted restrictions and regulations that limit the scope and content of proposed initiatives. These regulations may include laws that mandate that initiatives address only one topic, restrict the range of acceptable topics for proposed laws, prohibit unfunded mandates, and establish guidelines for adjudicating contradictory measures.

Single-subject rule

See also: Single-subject rule

Oklahoma has a single-subject rule for both initiated statutes and initiated amendments. However, the language of each requirement could be construed as applying only to legislative acts and legislatively-referred constitutional amendments, respectively. The cases below establish and clarify the application of these requirements to citizen-initiated measures.

DocumentIcon.jpg See law: Oklahoma Constitution, Article V, Section 57 (In re Initiative Petition No. 347) & Article XXIV, Section 1 (In re Initiative Petition No. 314)

Subject restrictions

See also: Subject restrictions (ballot measures)

Initiated measures and amendments are not governed by subject restrictions in Oklahoma. In addition, they are not required to specify a funding source for mandated expenditures.

DocumentIcon.jpg See law: Oklahoma Constitution, Article V, Sections 1-8, 57 ; Article XXIV, Sections 1-3 & Oklahoma Statutes, Title 34

Competing initiatives

See also: Superseding initiative; "Poison pills"; List of Oklahoma ballot measures

Oklahoma law provides that in the event that two measures conflict, the measure with the most affirmative votes supersedes the other on all points of conflict. The other measure is not wholly superseded.

Oklahoma law is unique in providing a second chance when two conflicting measures are both defeated. In situations where two similar measures conflict, voters in favor these measures' shared provisions may be divided over their differences. This can cause both measures to fail even if both sides would prefer either measure to no measure. In Oklahoma, if two conflicting measure are defeated, then the one with the most affirmative votes (provided it received at least 1/3 of the total vote for/against both measures) is resubmitted to voters at the next election.

DocumentIcon.jpg See law: Oklahoma Statutes, Title 34, Section 34-21

Starting a petition

Each initiative and referendum state employs a different procedure for filing petition applications. Some states require preliminary signatures while others do not. In addition, several states review each proposed statute, verifying that the law conforms to the style and conventions of state law and recommending alterations to initiative proponents. Some of these of these states also review the law for more substantive considerations of content and consistency. Also, many states conduct a review of the ballot title and summary, and several states employ a fiscal review process which analyzes proposed laws to determine their impact on state finances.[1][2][3]

Applying to petition

See also: Approved for circulation

Prior to collecting signatures, proponents of a ballot measure must file a copy of their petition with the Secretary of State. In addition, they must file separate copies of the measure's text with the Secretary of State and the Attorney General. (The text of the measure must also appear on the petitions.) Proponents should also file a short (200 words or less) ballot title with the Secretary, explaining the measure. (The title is not included on the petition.)

DocumentIcon.jpg See law: Oklahoma Constitution, Article V, Section 2 & Oklahoma Statutes, Title 34, Sections 34-8(A) and 34-9(A,B)

Proposal review/approval

See also: Approved for circulation

The Secretary of State reviews the petition form and transmits the ballot title to the Attorney General for review. If the ballot title is inaccurate, biased, misleading, or difficult to read, the Attorney General makes the necessary revisions and returns the revised version to the Secretary. Once this review is complete, a notice of the filing is published in a paper of "general circulation" and the Secretary certifies the text of the measure and the final title with the State Election Board.

DocumentIcon.jpg See law: Oklahoma Statutes, Title 34, Section 34-9(A,B,D)

Fiscal review

See also: Fiscal impact statement

Oklahoma does not require a fiscal review of state ballot questions.

DocumentIcon.jpg See law: Oklahoma Constitution, Article V, Sections 1-8, 57 ; Article XXIV, Sections 1-3 & Oklahoma Statutes, Title 34

Collecting signatures

Each initiative and referendum state employs a unique method of calculating the state's signature requirements. Some states mandate a certain fraction of registered voters while others base their calculation on those who actually voted in a preceding election. In addition, many states employ a distribution requirement, dictating where in the state these signatures must be collected. Beyond these overarching requirements, many states regulate the manner in which signatures may be collected and the timeline for collecting them.

Number required

See also: Oklahoma signature requirements

The number of signatures required is tied to the total vote cast for governor in the last gubernatorial election. Amendments, statutes, and veto referendums must receive signatures equaling 15%, 8%, and 5% of this vote, respectively. Previously rejected measures require 25% of this vote in order to be placed on the ballot again within 3 years. Signatures are presumed valid unless challenged.

The basis of the Oklahoma signature requirement used to be the votes cast for the office receiving the most votes in the state's last general election. Due to higher turnout for presidential elections, the signature requirement varied widely every fourth year. In 2010, voters passed Oklahoma State Question 750 amending the requirement.

Year Amendment Statute Veto referendum
2014 155,216 82,782 51,739
2012 155,216 82,782 51,739
2010 219,400 117,013 73,134
2008 138,970 74,117 46,324
1994 208,554 111,229 -
1992 175,656 93,683 -
1990 175,656 - -
1989 136,489 - -

DocumentIcon.jpg See law: Oklahoma Constitution, Article V, Section 2 & Section 6

Distribution requirements

See also: Distribution requirements

Oklahoma does not have a distribution requirement for petition signatures.

DocumentIcon.jpg See law: Oklahoma Constitution, Article V, Sections 1-8, 57 ; Article XXIV, Sections 1-3 & Oklahoma Statutes, Title 34

Restrictions on circulators

Pay-per-signature

See also: Pay-per-signature

Oklahoma does not ban paying circulators by the signature.

DocumentIcon.jpg See law: Oklahoma Constitution, Article V, Sections 1-8, 57 ; Article XXIV, Sections 1-3 & Oklahoma Statutes, Title 34

Out-of-state circulators

See also: Residency requirements for petition circulators

Oklahoma does not require signature gatherers to be state residents. It used to limit signature gathering to "qualified electors" (and thus residents), but this statute was overturned in Yes on Term Limits v. Savage.

DocumentIcon.jpg See law: Oklahoma Statutes, Title 34, Section 34-3.1 & Yes on Term Limits v. Savage

Badge requirements

See also: Badge requirements

Oklahoma law does not require the circulator's paid/volunteer status to be disclosed.

DocumentIcon.jpg See law: Oklahoma Constitution, Article V, Sections 1-8, 57 ; Article XXIV, Sections 1-3 & Oklahoma Statutes, Title 34

Electronic signatures

See also: Electronic petition signatures

Since electronic signatures are an emerging technology, the constitutionality of bans on e-signatures and the legality of e-signatures in states without bans is largely untested. Oklahoma law does mandate that petitions be printed on legal (8 1/2" x 14") paper.

DocumentIcon.jpg See law: Oklahoma Statutes, Title 34, Section 34-4

Deadlines for collection

See also: Petition drive deadlines; Circulation period

In Oklahoma, proponents may circulate a petition for 90 days after their initial filing. Measures are placed on the next general election ballot, but the Governor may call a special election or place the measure on the primary ballot. Oklahoma recommends that signatures be submitted 8 months prior to the election. However, signatures must be submitted 60 days before an election in order to be placed on that election's ballot.[4][5]

DocumentIcon.jpg See law: Oklahoma Constitution, Article V, Section 3 & Oklahoma Statutes, Title 34, Section 34-25

Getting on the ballot

Once signatures have been collected, state officials must verify that requirements are met and that fraudulent signatures are excluded. States generally employ a random sample process or a full verification of signatures. After verification, the issue must be prepared for the ballot. This often involves preparing a fiscal review and ballot summary.

Signature verification

See also: Signature certification

Once the signatures have been gathered, the Secretary of State counts each signature, excluding any signatures or sheets that are not in the proper form and any signatures that are duplicated or fraudulent. The Secretary then submits this total (along with the vote totals relevant to calculating the signature requirement) to the Oklahoma Supreme Court which makes the final determination of sufficiency. The Secretary, upon receiving the determination of the court, is required to publish the results in a paper of "general circulation."

DocumentIcon.jpg See law: Oklahoma Statutes, Title 34, Sections 34-6.1 and 34-8(G,H)

Ballot title and summary

See also: Ballot title

In Oklahoma, each measure is given two generic names--one designating its filing as a state question (State Question No. 744, State Question No. 745, State Question No. 746) and one designating its filing as an initiative, referendum, legislative referral (Initiative Petition No 391, Referendum Petition No. 23, Legislative Referendum No. 347). Each number is assigned according to the date of initial filing--whether or not the petition is ultimately placed on the ballot. Each series began with one. The first state question was referred by the state legislature and placed on the November 3, 1908 ballot.

The descriptive title is assigned during the initial review of the petition. It must fairly and accurately describe the measure in less than 200 words. In addition, it must be free of jargon, be written at an eighth grade reading level, and clearly represent the effect of a "yes" or "no" vote ("yes" votes must always be in favor of the proposition).

  • A sample ballot can be found here.

DocumentIcon.jpg See law: Oklahoma Statutes, Title 34, Section 34-7

The election and beyond

Ballot measures face additional challenges beyond qualifying for the ballot and receiving a majority of the vote. Several states require ballot measures to get more than a simple majority. While some states mandate a 3/5 supermajority, others states set the margin differently. In addition, ballot measures may face legal challenge or modification by legislators. If a ballot measure does fail, some states limit how soon that initiative can be re-attempted.

Supermajority requirements

See also: Supermajority requirements

In Oklahoma, each ballot measure requires only a simple majority of the votes cast for or against it.

DocumentIcon.jpg See law: Oklahoma Constitution, Article V, Section 3 ; Article XXIV, Section 1

Effective date

Oklahoma ballot measures take effect upon approval by voters.

DocumentIcon.jpg See law: Oklahoma Constitution, Article V, Section 3

Litigation

See also: Ballot measure lawsuit news

Two periods are allotted for challenging a measure, each dedicated to specific aspects of the initiative process:

1. For ten days after the publication of the ballot title, any citizen may challenge the constitutionality of the petition. Also during this period, any person may challenge a measure's ballot title. This challenge must contain a suggested alternative ballot title. Ballot titles for legislative referrals may not be challenged. The signature collection period, beginning with the initial filing, is not shortened by legal challenges. The 90-day limit restarts following the final decision on a challenge.
2. For ten days following the publication of the signature count results, any citizen may challenge the official signature count. Only the signature count may be contested during this period.

All challenges should be filed in the Oklahoma Supreme Court. If the Court determines that any challenge is frivolous, the Court may impose "appropriate sanctions, including an award of costs and attorneys fees to either party as the Court deems equitable."

Citizens in Charge, a non-profit that promotes initiative rights, makes the following observation about Oklahoma process for legal challenges: "There is no statutory requirement for the state to rule on [a ballot title] challenge. There have been instances when the court has taken over a year to make a ruling."[6]

DocumentIcon.jpg See law: Oklahoma Statutes, Title 34, Sections 34-8, -10, -11

Legislative tampering

See also: Legislative tampering

The Oklahoma State Legislature may repeal an initiated statute with a simple majority vote. In order to change or repeal a constitutional amendment, lawmakers must place an amendment on the ballot via the ordinary referral process (a simple majority vote of each chamber).

DocumentIcon.jpg See law: Oklahoma Constitution, Article V, Section 7

Re-attempting an initiative

In Oklahoma, no measure rejected by voters may be initiated again within three years unless proponents can gather signatures equal to 25% of the total vote cast for governor in the last gubernatorial election. Initiated amendments and statutes ordinarily require 15% and 8%, respectively.

DocumentIcon.jpg See law: Oklahoma Constitution, Article V, Section 6

Funding an initiative campaign

See also: Campaign finance requirements for Oklahoma ballot measures

Some of the features of Oklahoma's campaign finance laws are:

  • Ballot measure groups are called Political Action Committees in which they are treated the same as PAC's.
  • Oklahoma bans contributions made from one PAC to the other.
  • All campaign expenditures cannot exceed the fair market value regardless for which good or service was sold.
  • Oklahoma allows corporations and labor unions to donate to PAC's registered in support or opposition of a referendum.
  • Oklahoma requires 24 hour reporting for paid advertisements over $5,000.
  • Oklahoma requires 24 hour reporting for all campaign contributions over $500 in the last fourteen (14) days before an election.

State initiative law

Articles V and XXIV of the Oklahoma Constitution address initiatives.

Title 34 of the Oklahoma Statutes governs initiatives.

External links

References


Ballot law
BallotLaw final.png
State laws
Initiative law
Recall law
Statutory changes
Court cases
Lawsuit news
Ballot access rulings
Recent court cases
Petitioner access
Ballot title challenges
Superseding initiatives
Signature challenges
Laws governing
local ballot measures
Contents
1 Laws and procedures
2 Changes in the law
2.1 Proposed changes by year
2.1.1 2012
2.1.2 2011
2.1.3 2010

The following laws have been proposed which modify ballot measure law in Oklahoma.

Proposed changes by year

2012

See also: Changes in 2012 to laws governing ballot measures



The following bills were introduced in the Oklahoma State Legislature:

Defeatedd HJR 1068: Proposes a constitutional amendment to lower the signatures requirements for initiatives. Applies to constitutional amendments, statutory initiatives, and referendums.

2011

See also: Changes in 2011 to laws governing ballot measures



The following bills were introduced in the Oklahoma State Legislature:

Right-facing-Arrow-icon.jpg Oklahoma House Bill 1225: Bill description/summary: "HB 1225, as introduced, requires parties that submit an initiative petition or referendum that requires a funding source to also submit a statement outlining all sources of funding to be used in the measure to the Secretary of State and the Attorney General."

Approveda Oklahoma House Bill 1664 (2011): HB 1664 provides for the notification of initiative proponents regarding the title status of a ballot initiative.[1] Citizens in Charge Foundation rating: Protects/expands initiative rights.

Right-facing-Arrow-icon.jpg Oklahoma House Bill 1718: HB 1718 proposes a range of amendments to Oklahoma's ballot measure statutes, specifically: "requiring gist statement to be submitted to Secretary of State; providing procedures for certain appeal to Supreme Court; prohibiting further challenge; modifying size of sheets for signatures on such petitions; modifying certain notarization and affidavit requirement; making language gender neutral; requiring publication of notice of filing and ballot title of petition; requiring notice of right to protest constitutionality and ballot title; specifying filing requirements and time for filing such protests; specifying certain duties of Secretary of State and Supreme Court; allowing for revival of protest; modifying time period for signed copies of petition to be filed; prohibiting petition blocking; defining term; providing for codification; and providing an effective date."[2]

Right-facing-Arrow-icon.jpg Oklahoma Senate Joint Resolution 37: SJR 37 would introduce a geographic distribution requirement for Oklahoma. Currently, petitioners must gather signatures equaling 8% of the vote cast for governor in the last election. Under SJR 37, petitioners would have to collect signatures equaling 8% of the vote cast for governor in each congressional district. Thus, while the total requirement would remain unchanged, petitioners would have to collect a portion of those of signature from each congressional district.[3] Citizens in Charge Foundation rating: Reduces initiative rights.

  1. This information is based on the May 4, 2011 edition of a weekly email sent out by CICF called the "Afternoon I&R Legislation Update"
  2. Oklahoma House Bill 1718, Bill Text, As introduced, accessed September 16, 2011
  3. Ballot Access News, "Oklahoma Senate Passes Distribution Requirement for Initiative Petitions," March 4, 2011


2010

See also: Changes in 2010 to laws governing ballot measures



The following bills were introduced in the Oklahoma Legislature:

Defeatedd HB 1452: Would create voter information pamphlets that would be distributed for statewide ballot measures. The measured died in committee without seeing a floor vote in either house of the legislature[1].

Defeatedd HB 2123: Would ban petition circulators from being paid per signature. The measured died in committee without seeing a floor vote in either house of the legislature[2].