Your feedback ensures we stay focused on the facts that matter to you most—take our survey.
Laws governing the initiative process in Oklahoma
Statewide laws and procedures
Citizens of Oklahoma may initiate statewide legislation via ballot measures in the form of either initiated state statutes or initiated constitutional amendments. In Oklahoma, citizens also have the power to repeal legislation via veto referendum.
On the local level, all Oklahoma municipalities have a mandated initiative and referendum process for local ballot measures. See also: Laws governing local ballot measures in Oklahoma.
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. Court cases concering proposed citizen initiatives, however, clarified that the requirement also applied to citizen-initiated measures.
See law: Oklahoma Constitution, Article V, Section 57 and Article XXIV, Section 1
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.
See law: Oklahoma Constitution, Article V, Sections 1-8, 57 ; Article XXIV, Sections 1-3 and Oklahoma Statutes, Title 34
Veto referendums on emergency legislation
In Oklahoma, veto referendums cannot be used on emergency legislation.
See law: Oklahoma Constitution, Article V, Section 2
Competing initiatives
Oklahoma law provides that in the event that two conflicting measures are approved, 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 The other measure is not wholly superseded.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 Oklahoma, if two conflicting measures are both defeated, then the one with the most affirmative votes, provided it received approval from at least one-third of the total voters for or against both measures, is resubmitted to voters at the next election.
In situations where two similar measures conflict, voters in favor of the shared provisions of the measures might be divided over the measures' differences. Thus, an elector might vote "yes" on one measure and "no" on the competing measure, even though his position is a matter of preference, rather than approval and disapproval. This can cause both measures to fail even if both sides would prefer either measure to no measure. Oklahoma's law allowing a second chance in the case of conflicting measures was designed to prevent this.
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 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 Oklahoma 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. The text of the measure must also appear on the petitions. Proponents should also file a ballot title of 200 words or less with the secretary, explaining the measure. This ballot title is not included on the petition.
See law: Oklahoma Constitution, Article V, Section 2 and 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.
The petition sheets must contain the names, addresses, and signatures of three primary initiative sponsors.
See law: Oklahoma Statutes, Title 34, Section 34-9(A,B,D)
Fiscal review
- See also: Fiscal impact statement
Petition sponsors must submit a ballot title that shall state if an initiative "will have a fiscal impact on the state and if so, the potential source of funding including but not limited to federal funding or legislative appropriation which may require imposition of a new tax, increase of an existing tax or elimination of existing services." The submitted ballot title is subject to revisions by the attorney general and challenges to the state supreme court.
See law: Oklahoma Constitution, Article V, Sections 1-8, 57 ; Article XXIV, Sections 1-3 and 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
In Oklahoma, the number of signatures needed to place a measure on the ballot is based on the total number of votes cast for the governor in the preceding election.
The following are the requirements for the types of citizen-initiated measures in Oklahoma:
- initiated constitutional amendment (ICA): 15% of the votes cast for governor
- initiated state statute (ISS): 8% of the votes cast for governor
- veto referendum (VR): 5% of the votes cast for governor
Oklahoma requires that, to be certified for the ballot within three years following a defeat, voter-rejected ballot initiatives must gather signatures equal to 25% of the votes cast for governor.
Before 2011, the signature requirement was based on the votes cast for the office that received the most votes in the state’s last general election. In 2010, voters approved State Question 750, which changed the requirement to be based on turnout at gubernatorial elections.
The chart below shows election years and the signature requirement for initiatives designed to appear on the ballot in that year, with gubernatorial years bolded.
| Year | Amendment | Statute | Veto referendum |
|---|---|---|---|
| 2026 | 172,993 | 92,263 | 57,664 |
| 2024 | 172,993 | 92,263 | 57,664 |
| 2022 | 177,958 | 94,911 | 59,320 |
| 2020 | 177,958 | 94,911 | 59,320 |
| 2018 | 123,725 | 65,987 | 41,242 |
| 2016 | 123,725 | 65,987 | 41,242 |
| 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 |
See law: Oklahoma Constitution, Article V, Section 2 & Section 6
Distribution requirements
Oklahoma requires that no single county can provide more than a set percentage of the total required signatures. The exact percentage cap depends on the type of initiative:
- For initiated state statutes and veto referendums, no more than 11.5% of the required signatures may come from any single county, based on that county’s total votes cast in the most recent gubernatorial election.
- For initiated constitutional amendments, no more than 20.8% of the required signatures may come from any single county, based on that county’s total votes cast in the most recent gubernatorial election.
See law: Oklahoma Constitution, Article V, Sections 1-8, 57 ; Article XXIV, Sections 1-3 and Oklahoma Statutes, Title 34
Restrictions on circulators
Circulator requirements
- See also: Petition circulator
In Oklahoma, there are no statutes that prevent a circulator from signing the petition being circulated. Each initiative petition contains a mandatory circulator affidavit. The circulator is required to sign these affidavits before a public notary. He or she must swear to and sign a statement, under the penalty of law, that he or she personally witnessed every act of signing the petition.[4] [4][5]
Once circulation is completed, the signatures are submitted to the secretary of state.[6]
See law: Oklahoma Statutes §34-3.1, Oklahoma Statutes §34-36 and Oklahoma Statutes §34-8(E)
Pay-per-signature
Oklahoma prohibits compensation based on the number of signatures collected, the number of petition sheets submitted, "or any other similar incentives."
See law: Oklahoma Constitution, Article V, Sections 1-8, 57 ; Article XXIV, Sections 1-3 & Oklahoma Statutes, Title 34
Out-of-state circulators
Oklahoma requires that signature gatherers be registered voters of the state. In 2025, the legislature enacted this requirement.
See law: Oklahoma Statutes, Title 34, Section 34-6
Badge requirements
In Oklahoma, petition circulators must display a clear notice while collecting signatures indicating whether they are being paid and who is paying them.
See law: Oklahoma Constitution, Article V, Sections 1-8, 57 ; Article XXIV, Sections 1-3 and 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.
See law: Oklahoma Statutes, Title 34, Section 34-4
Deadlines for collection
In Oklahoma, proponents may circulate a petition for a period of 90 days. For initiatives, the 90-day period for circulation begins on a day set by the secretary of state between 15 and 30 days after all challenges to the initiative petition are finalized. For referendums, signatures are due 90 days after the adjournment of the legislative session in which the targeted law was passed. Measures are generally placed on the next general election ballot, but the governor may call a special election or place the measure on the primary ballot.[7][8]
For a measure to appear on the ballot, signatures must be submitted long enough in advance for the governor to issue an election proclamation, which must be issued and certified to the State Election Board at least 70 days prior to an election.[9]
State elections officials in Oklahoma recommend filing a proposed initiative during the first months of the year preceding the targeted election year due to the two periods during which challenges may be filed against an initiative. For example, to qualify an initiative for the November 2020 ballot, Oklahoma elections officials recommend filing the initiative proposal in the early months of 2019.
See law: Oklahoma Constitution, Article V, Section 3 and 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 for which the secretary of state cannot match at least three data points on the petition sheet with the signer's voter registration record, 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. A challenge to the validity of filed signatures may be filed within 90 days after publication.
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 (e.g. State Question No. 744, State Question No. 745, State Question No. 746), and one designating its filing as an initiative, referendum or legislative referral (e.g. 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 begins with one. The first state question was referred by the state legislature and placed on the election ballot on November 3, 1908.
The descriptive title is assigned during the initial review of the petition. It must fairly and accurately describe the measure in 200 words or less. In addition, it must be free of jargon, be written at an eighth grade reading level, and clearly represent the effect of a "yes" vote and a "no" vote. The ballot language must always be formulated so that a "yes" vote is a vote in favor of the proposition in question, and a "no" vote is a vote to reject it.
An example of a ballot title can be found here.
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 three-fifths supermajority, other states set the margin differently. In addition, ballot measures may face legal challenges or modifications 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 it and against it.
See law: Oklahoma Constitution, Article V, Section 3 ; Article XXIV, Section 1
Effective date
Oklahoma ballot measures take effect upon approval by voters.
See law: Oklahoma Constitution, Article V, Section 3
Litigation
- See also: Ballot measure lawsuit news
At two points during the initiative process, time is allotted for challenging a measure:
- 1. For 90 days after the publication of the petition, including a ballot title, any citizen may challenge the sufficiency or constitutionality of the petition. 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 starts following the final decision on a challenge.
- 2. For 90 days following the publication of the signature count results, any citizen may challenge the official signature count or the ballot title.
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 nonprofit 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."[10]
See law: Oklahoma House Bill 1105 (2024)
Legislative alteration
- See also: Legislative alteration
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, which consists of a simple majority vote of each chamber.
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 percent of the total vote cast for governor in the last gubernatorial election. Initiated amendments and statutes ordinarily require 15 percent and 8 percent respectively.
See law: Oklahoma Constitution, Article V, Section 6
Funding an initiative campaign
Some of the features of Oklahoma's campaign finance laws are:
- Ballot measure groups are called Political Action Committees (PAC's).
- Oklahoma bans contributions made from one PAC to the other.
- All campaign expenditures cannot exceed 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 of or opposition to a referendum.
- Oklahoma requires 24-hour reporting for paid advertisements costing over $5,000.
- Oklahoma requires 24-hour reporting for all campaign contributions over $500 in the last 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
Footnotes
- ↑ NCSL, "Drafting the Initiative Proposal," accessed May 19, 2011
- ↑ NCSL, "Preparation of a Fiscal Analysis," accessed May 19, 2011
- ↑ NCSL, "Preparation of a Ballot Title and Summary," accessed May 19, 2011
- ↑ 4.0 4.1 State of Oklahoma Legislature, “Oklahoma Statutes: §34‑6," accessed September 6, 2013
- ↑ State of Oklahoma Legislature, “Oklahoma Statutes: §34‑3.1,” accessed September 6, 2013
- ↑ State of Oklahoma Legislature, “Oklahoma Statutes: §34‑8(E),” accessed September 6, 2013
- ↑ NCSL, "Petition Circulation Periods," May 2002
- ↑ Citizens in Charge, "State Profile: Oklahoma," accessed December 1, 2011
- ↑ Oklahoma Secretary of State, "Outline of the Oklahoma Initiative and Referendum Petition Process," accessed January 23, 2020
- ↑ Citizens in Charge, "State Profile: Oklahoma," accessed December 1, 2011
Changes in the law
| Contents |
|---|
| 1 Laws and procedures |
| 2 Changes in the law |
| 2.1 Proposed changes by year |
| 2.1.1 2022 |
| 2.1.2 2021 |
| 2.1.3 2010 |
| 2.1.4 2019 |
| 2.1.5 2018 |
| 2.1.6 2017 |
| 2.1.7 2016 |
| 2.1.8 2015 |
| 2.1.9 2014 |
| 2.1.10 2013 |
The following laws have been proposed that modify ballot measure law in Oklahoma. If a box is empty for any given year, it means Ballotpedia did not track any ballot measure or recall-related laws in that year.
Proposed changes by year
2022
|
2021
|
2020
|
2019
|
2018
|
2017
|
2016
|
2015
|
2014
The following bills were introduced in the Oklahoma State Legislature:
|
2013
The following bills were introduced in the Oklahoma State Legislature:
|
2012
The following bills were introduced in the Oklahoma State Legislature:
|
2011
The following bills were introduced in the Oklahoma State Legislature:
|
2010
The following bills were introduced in the Oklahoma Legislature:
|
