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Laws governing local ballot measures in Oklahoma
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This page describes the state constitutional provisions and statutes that govern local ballot measures in Oklahoma. Jurisdictions often establish additional rules within the parameters of state law; those can be found in local ordinances and home-rule charters.
Explore the links below for more information:
- Laws addressing local ballot measure powers in Oklahoma
- General requirements for local ballot measures
- Rules for citizen-initiated local ballot measures
- Rules for referred local ballot measures
Law
The Oklahoma Constitution and the Oklahoma General Laws establish the rules that govern local ballot measures in the state.
- Constitution: Article X
- Statute: Title 11, Cities and Towns
General
The following outlines the general rules that govern local ballot measures in Oklahoma, including both citizen-initiated measures and referred measures from local government bodies.
- Election timing:
- Referred measures: There are no state regulations that require referred measures to be placed on the ballot at a specific election.[1]
- Citizen-initiated measures: Veto referendums and municipal charter amendments can be placed on the ballot at a special election that the municipal governing body calls specifically for the measure or at the next general election, general municipal election, biennial election, or special town meeting.[1] Measures that would grant, extend, or renew a franchise in a municipal corporation must be placed on the ballot at a special election.
- Vote requirements: Most local ballot measures require a simple majority vote to pass into law. Measures that would create a new county or alter county lines must be approved by 60% of voters. General bond issues must be approved by 60% of voters.[1]
- Required ballot measures: The following measures must be approved by voters before they pass into law:
- Measures that would increase property taxes in a county;
- Measures that would levy or repeal an additional property tax to fund the local department of health;
- Measures that would establish or abolish an additional property tax to fund public libraries;
- Measures that would exempt household goods and livestock from property taxes;
- Emergency property tax levies and local support levies that fund school districts;
- Measures that would create an ambulance service district or provide or cancel solid waste management services for the county;
- Measures that would levy an additional property tax to fund the construction of public buildings or school districts;
- Creation of a new county or the alteration of county lines;
- Measures that would grant, extend, or renew a franchise in a municipal corporation;
- Bond issues that would fund a utility system, only if the city has never owned or operated that type of utility or if voters have not approved the funding of that project in the last 10 years; and[1]
- Other measures that would issue bonds.[1]
- Number of measures on the ballot: If two or more measures are on the ballot that conflict and multiple are approved, only the measure with the most approval votes is passed into law.[1]
- Ballot measure topic restrictions: Oklahoma Senate Bill 809, which was enacted in 2015, prohibits local ballot measures that would regulate the oil and gas industry, with exceptions for "reasonable" provisions concerning road use, traffic, noise, odors, and the health, safety, and welfare of residents.
Initiatives
The following outlines the general rules that govern local citizen-initiated ballot measures in Oklahoma.
- Authority: The state constitution grants the people of municipal corporations the powers to indirectly initiate measures and file veto referendums. It specifically grants voters the power of initiative and referendum concerning laws that would create relief from taxation for historic preservation, reinvestment, or enterprise areas. It also allows voters to initiate a measure that would alter the property tax limit to fund a local department of health or a public library. Article XVIII, Section 4E of the state constitution states that initiated municipal charter amendments must be signed by the governor to take effect.
- Deadlines:
- Veto referendums: Signatures in support of a veto referendum in a municipality must be submitted to the municipal clerk within 60 days after the ordinance or law was passed.[1]
- Citizen-initiated laws: Signatures in support of an initiated measure in a municipality must be submitted to the municipal clerk within 90 days after the initiative was filed.[1] Signatures in support of an initiated municipal charter amendment must be submitted at least 60 days before the election.[1] After supporters file an initiative and present the law to the municipal legislative body, the body has the opportunity to approve the measure. If it is not at least 30 days before the next general municipal election, the mayor must place the measure on the ballot at the next general municipal election or town meeting.[1]
- Signatures:
- Veto referendums: Veto referendums in municipal corporations must be signed by a number of people equaling at least 25% of the total number of voters cast at the last election.
- Citizen-initiated laws: A petition for an initiative in a municipal corporation form of government must be signed by a number of people equaling at least 25% of the total number of voters cast at the last election. There are some exceptions to this. Petitions that would increase property taxes in a county must be signed by 10% of voters in the county based on the total number of votes cast at the last general election for the county office receiving the highest number of votes at the election. Petitions that would increase the local property tax to fund public libraries must be signed by at least 10% of voters at the last general election for the county office receiving the highest number of votes at such an election. Petitions that would abolish the additional local property tax that funds public libraries must be signed by at least 20% of voters at the last general election for the county office receiving the highest number of votes at such an election. Petitions that would repeal a permanent emergency or local support property levy that funds a school district must be signed by 10% of voters. Petitions that would create an ambulance service district must be signed by 10% of registered voters in the proposed district. Petitions that would provide solid waste management services for the county must be signed by 10% of registered voters in the county. Petitions that would cease the provision of solid waste management services for the county must be signed by 20% of registered voters in the county. Petitions that would levy an additional property tax to fund the construction of public buildings or school districts must be signed by 10% of voters. Petitions that would exempt household goods and livestock from property taxes must be signed by 25% of registered voters in the county.
- Ballot title requirements: Petitions for an initiative or referendum must include a ballot title. The ballot title must be less than 150 words, may not reflect partiality or contain arguments in support of or against the measure, and must explicitly state that the yes vote supports the measure and that the no vote opposes the measure.[1]
Referrals
The following outlines additional rules that govern local referred ballot measures in Oklahoma.
- Authority: The state constitution and state law permit local governments to place measures on the ballot for voters to decide.[1]
- Deadlines: There are no specific deadlines in state law for placing referred measures on the ballot.[1]
Laws governing local ballot measures in the U.S.
Laws governing local ballot measures in the United States
As state laws govern ballot measures, the rules are different from state to state. Click on a state below to explore that state's laws on local ballot measures.
External links
See also
- Laws governing ballot measures
- Laws governing local ballot measures
- Local ballot measures, Oklahoma
- Counties in Oklahoma
Footnotes
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