Oklahoma State Question 753 (2010)

Not on Ballot
This measure was not put on an election ballot

Oklahoma State Question 753, or the Senate Approval of Workers Compensation Board Members Act, was scheduled to appear on the November 2, 2010 state ballot in Oklahoma as a legislatively referred constitutional amendment. The measure was authored by Senator Clark Jolley among others. However, the measure was withdrawn from the ballot

If approved, SQ 753 would have granted to the Oklahoma State Senate the right to review and approve any person chosen by the Governor of Oklahoma to fill a position on the Workers' Compensation Court. It would have amended Section 1 of Article VII of the Oklahoma Constitution.

Text of measure

Ballot title

The ballot title that voters would have seen read:

This measure would amend the Oklahoma Constitution. It would amend Section 1 of Article 7. This section deals with judges and justices. This includes judges on the Workers’ Compensation Court. This measure will require that the Senate approve any person chosen by the Governor to fill a position on the Workers’ Compensation Court.

Shall the proposal be approved?

For the proposal - Yes

Against the proposal - No

Summary

The summary of the measure read:

This measure amends the Oklahoma Constitution. It amends Section 1 of Article 7. This Section deals with judges and justices. This includes judges on the Workers' Compensation Court.

The Governor appoints all Workers' Compensation Court judges. Current law limits this appointment power. The Governor can only appoint a nominee submitted by the Judicial Nominating Commission. That Commission submits three names to the Governor. It also submits the name of the incumbent judge, if that judge chooses to seek reappointment.

This measure further limits the Governor's power to appoint these judges. It requires the Senate to approve the appointment of Worker's Compensation Court judges. The measure does not address what occurs when the Senate does not confirm an appointment. It does not make clear whether the Commission submits another name to the Governor or whether the Governor is limited to appointing from the remaining nominee(s).

Constitutional changes

If enacted by Oklahoma voters, the measure would have amended Article VII, Section 1 of the Oklahoma Constitution.

Note: Hover over the text and scroll to see the full text.

Section 1. The judicial power of this State shall be vested in the Senate, sitting as a Court of Impeachment, a Supreme Court, the Court of Criminal Appeals, the Court on the Judiciary, the Workers’ Compensation Court, the Court of Bank Review, the Court of Tax Review, and such intermediate appellate courts as may be provided by statute, District Courts, and such Boards, Agencies and commissions created by the Constitution or established by statute as exercise adjudicative authority or render decisions in individual proceedings. Provided that the Court of Criminal Appeals, the Worker’s Compensation Court, the Court of Bank Review and the Court of Tax Review and such Boards, Agencies and Commissions as have been established by statute shall continue in effect, subject to the power of the Legislature to change or abolish said Courts, Boards, Agencies, or Commissions. Municipal Courts in cities or incorporated towns shall continue in effect and shall be subject to creation, abolition or alteration by the criminal and traffic proceedings arising out of infractions of the provisions of ordinances of cities and towns or of duly adopted regulations authorized by such ordinances. Any appointment or reappointment, as provided by law, by the Governor to fill a position on the Workers’ Compensation Court shall be confirmed by a majority of the Senate.

Path to the ballot

The Oklahoma State Legislature can approve a proposed amendment by a majority vote. (However, if the state legislature wants the proposed amendment to go on a special election ballot, it has to approve the amendment by a 2/3rds vote.) Oklahoma is one of ten states that allows a referred amendment to go on the ballot after a majority vote in one session of the state's legislature.

See also

• Oklahoma State Senate
• Oklahoma House of Representatives
• Oklahoma 2010 ballot measures
• 2010 ballot measures

External links

• Text and history of State Question 753 (dead link)
• Oklahoma Secretary of State Official Website

Footnotes

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