Oklahoma State Question 793, Right of Optometrists and Opticians to Practice in Retail Establishments Initiative (2018)

Elections in Oklahoma, 2018

• General election: Nov. 6
• Voter registration deadline: Oct. 12
• Early voting: Nov. 1 - Nov. 3
• Absentee voting deadline: Nov. 6

• Online registration: No
• Same-day registration: No
• Voter ID: Non-photo ID required
• Poll times: 7:00 a.m. to 7:00 p.m.

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Oklahoma State Question 793
Election date November 6, 2018
Topic Business regulation
Status d Defeated
Type Constitutional amendment	Origin Citizens
List of Oklahoma measuresOklahoma State Question 788 - JuneOklahoma State Question 793Oklahoma State Question 794Oklahoma State Question 798Oklahoma State Question 800Oklahoma State Question 801Submit

Oklahoma State Question 793, the Right of Optometrists and Opticians to Practice in Retail Establishments Initiative was on the ballot in Oklahoma as an initiated constitutional amendment on November 6, 2018.  It was defeated.

A yes vote supported the ballot initiative to provide optometrists and opticians with a constitutional right to practice within a retail establishment that sells merchandise to the public.

A no vote opposed the ballot initiative to provide optometrists and opticians with a constitutional right to practice within a retail establishment that sells merchandise to the public.

Election results

Oklahoma State Question 793
Result		Votes	Percentage
Yes		580,341	49.76%
No		585,928	50.24%

Results are officially certified.

Source

Overview

What would State Question 793 have done?

State Question 793 would have added a Section 3 to Article XX of the Oklahoma Constitution to allow optometrists and opticians to practice in retail mercantile establishments. The measure would have defined optometrists as "a person licensed in Oklahoma to practice optometry" and would have defined opticians as "a person who fills prescriptions for ophthalmic lenses, including but not limited to spectacles, contact lenses, from licensed optometrists or ophthalmologists." Retail mercantile establishments were defined in the measure as "a business establishment selling merchandise to the general public."

The amendment would have allowed the state Legislature to enact legislation to:

• Prohibit or limit the performance of laser or other surgical procedures within retail establishments;
• Limit the number of office locations optometrists can practice in;
• Maintain license requirements for optometrists;
• Require that optometrist offices in retail establishments be located in a separate area or room of the establishment;
• Impose minimum health and safety standards for optical services and goods.

Who supported and opposed State Question 793?

Ballotpedia identified one committee registered in support of the measure: Yes on 793, Inc. The committee reported a total of $4.63 million in contributions and 4.60 million in expenditures. The top contributor to the committee was Walmart, which provided over 75 percent of the total donations to the committee. Other donors include Oklahomans for Consumer Freedom and Costco Wholesale Corporation.

Ballotpedia identified one committee registered to oppose the measure: Oklahomans Against 793. The committee had raised $3 million and had spent $2.94 million. The largest donor was the Oklahoma Association of Optometric Physicians which had provided around 60 percent of the total donations to the committee. The majority of the other contributions came from various individual Doctors of Optometry.

Text of measure

Ballot title

The ballot title of the amendment is below.

“

This measure adds a new Section 3 to Article 20 of the Oklahoma Constitution. Under the new Section, no law shall infringe on optometrists' or opticians' ability to practice within a retail mercantile establishment, discriminate against optometrists or opticians based on the location of their practice, or require external entrances for optometric offices within retail mercantile establishments. No law shall infringe on retail mercantile establishments' ability to sell prescription optical goods and services. The Section allows the Legislature to restrict optometrists from performing surgeries within retail mercantile establishments, limit the number of locations at which an optometrist may practice, maintain optometric licensing requirements, require optometric offices to be in a separate room of a retail mercantile establishment, and impose health and safety standards. It does not prohibit optometrists and opticians from agreeing with retail mercantile establishments to limit their practice. Laws conflicting with this Section are void. The Section defines "laws," "optometrist," "optician," "optical goods and services," and "retail mercantile establishment." SHALL THE PROPOSAL BE APPROVED? FOR THE PROPOSAL – YES AGAINST THE PROPOSAL – NO

”

Constitutional changes

See also: Article XX, Oklahoma Constitution

The proposed amendment would have added a Section 3 to Article XX of the Oklahoma Constitution.

Full text

The full text of the measure is available here.

Readability score

See also: Ballot measure readability scores, 2018

Using the Flesch-Kincaid Grade Level (FKGL and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The initiative petitioners wrote the ballot language for this measure. The FKGL for the ballot title is grade level 15, and the FRE is 19. The word count for the ballot title is 172, and the estimated reading time is 45 seconds. In 2018, for the 167 statewide measures on the ballot, the average ballot title or question was written at a level appropriate for those with between 19 and 20 years of U.S. formal education (graduate school-level of education), according to the FKGL formula. Read Ballotpedia's entire 2018 ballot language readability report here.

Support

Yes on 793 led the campaign in support of this initiative. Yes on 793 described itself as, "a coalition of retailers, patients and free-market advocates that believe in common sense reform to Oklahoma’s eye care laws."

Supporters

• Oklahomans for Consumer Freedom
• Walmart
• Oklahoma Retail Merchants Association
• The Oklahoma Silver Haired Legislature

Arguments

• Yes on 793 featured the following arguments on its website:

“

1. It’s the right thing to do for families and children. Oklahomans should have more options when it comes to the vision needs of their families. Voting YES will give more school-aged children access to affordable eye care. 2. We deserve the same choice as other Americans. It is time to modernize Oklahoma’s laws and give Oklahoma patients the same convenience, quality, access, and affordability enjoyed in 47 other states. 3. The new law will create jobs. By the thousands, Oklahomans go to other states to buy eyeglasses and contact lenses. Economists say that instead of creating jobs in other states, we can keep those jobs here. 4. It’s time for Oklahoma to stop being last in everything it does. We can be a first-class state. One step toward doing that is getting rid of archaic laws that benefit special interests. 5. Eye care standards will remain high. Oklahomans won’t compromise on eye care. That’s why ALL optometrists are licensed, no matter where they practice — in an office, mall or retail store.

”

• Oklahomans for Consumer Freedom featured the following argument on its website:

“

The state of Oklahoma currently has the strictest policies regarding optical retail in the United States. The current laws and regulations prohibit: Retailers from selling prescription eyewear and ophthalmic material unless it comprises 51% of their income. Licensed optometrists from practicing near an optical retailer. That’s why we’d like to introduce a state question that will remove these income and geographical restrictions, effectively allowing for the sale of prescription eyewear in stores like CVS, Walgreens and Walmart, and granting optometrists the right to open practices in locations where they are currently barred from Our optical reform proposal will: Give Oklahoman consumers more convenient access to a better selection and variety of prices when it comes to purchasing prescription eyeglasses and contacts. Help Oklahoma’s economy by reducing online and across the border shopping for eyewear. Provide more opportunities for Oklahoman optometrists who want to open their own practices but currently face protectionist restrictions.

”

• Anne Hatfield, a spokeswoman for Walmart said, “In Oklahoma, patients tell us they want the convenience of having access to high quality, yet affordable, eye care and eyewear when they shop. “Optometrists serve patients in our stores in most of the country — 47 states."

Campaign advertisements

The following videos were released the Yes on 793 campaign:

Title: "Free Market for Oklahoma"

Title: "Free Market for Oklahoma"

Title: "Oklahoma Deserves a Choice"

Title: "The Freedom to Choose"

Opposition

Oklahomans Against State Question 793 led the campaign in opposition to the measure.

Opponents

• Oklahoma Association of Optometric Physicians
• AFL-CIO of Oklahoma

Arguments

• No on 793 argued, "The Walmart-backed 'Yes on 793 campaign' claims that Oklahoma is one of only three states that currently prohibits big retailers like Walmart from opening optometry clinics. [...] Optometry in the U.S. is divided between 'One-Door States' and 'Two-Door States.' Oklahoma's laws governing optometry are similar to the 15 other Two-Door States. [...] Walmart’s interest is not in its ability to sell glasses in Oklahoma, which it can already do. Rather, it is focused on a provision within State Question 793 that allows corporate retailers to enter into agreements with eye doctors to limit the scope of their practice."

• Joel Robison, the executive director of the Oklahoma Association of Optometric Physicians, said, "Unlike in many other states, optometry in Oklahoma is practiced only in medical settings rather than big box stores like Walmart. Eye doctors are unencumbered by sales quotas, corporate meddling, or a Walmart manager pressuring them to sell more glasses. As a result, Oklahoma’s optometrists are free to do what they do best and love the most: take care of their patients. If State Question 793 passes this November, the laws governing eye health in Oklahoma won’t be about medicine or patient safety; they will be about the corporate bottom line. I urge all Oklahomans to act in the best interests of their own vision health by voting 'no' on State Question 793 this November.

• Robison has also said, "Walmart’s political operatives are out there telling shoppers this will get them cheap glasses. It’s not about cheap glasses. It’s about giving an out-of-state corporation control of a medical profession. It’s about handing control of our state Constitution over to Walmart. Voters are going to realize this is about Walmart’s bottom line and their profits, not about what is good for patients.”

• An optometrist in Oklahoma, Dr. Joe Phillips, said "We've all seen inexpensive glasses advertised everywhere. You can get any price for glasses you want. So, they're trying to say there's a problem that doesn't exist. We just don't think it's in the public interest for [the corporation] to own the doc, because then they'll start telling them how to practice, which contact lenses to use, things like that."

• Jason Ellen, an optometrist with the Oklahoma Medical Eye Group said, “Walmart provides cheap goods. There is no way Walmart should provide or offer cheap service when it comes to medical care, especially vision care.”

• AFL-CIO of Oklahoma President Jimmy Curry said, "Walmart doesn’t pay its workers a living wage, doesn’t give them the benefits they deserve and generally exhibits a lack of respect for its own employees and the labor force at large. Why would we want to expand that kind of abusive behavior into optometry? This is a company that cares about profits for shareholders and their own bottom line, not their customers or employees. The last thing we want to see is a company like that practicing medicine in Oklahoma. Their values are incompatible with good patient care or quality medical services."

Campaign advertisements

The following videos were released by the Oklahomans Against 793 campaign:

Title: "Grocery Store Medical Care"

Title: "Walmart is attacking Oklahoma's laws"

Title: "Dr. Lynsey Bigheart"

Media editorials

See also: 2018 ballot measure media endorsements

Support

• The Oklahoman wrote, "Even if SQ 793 becomes law, optometrists will still be subject to state licensure, and health and safety standards will remain in place. This undermines claims that SQ 793 will lower overall quality. [...] SQ 793's main impact will be to increase market competition, increase consumer access and lower prices for eyewear. Those reasons alone justify voting “yes” on SQ 793."

Opposition

• Tulsa World said: "State Question 793 is a short-sighted effort to change the way Oklahomans care for their eyes. Currently, optometrists are regulated by a licensing board and given broad statutory protections against competition from major retailers. The proposed constitutional amendment would shift the balance of power to the big boys, who would be able to employ optometrists more freely, limit their practices and essentially capture their customers when they buy frames, lenses and anything else that might be on their shopping lists. We urge voters to reject SQ 793 and the Oklahoma Legislature to look at more limited statutory efforts to broaden Oklahoma’s eye care marketplace."

• The Muskogee Phoenix said: "Currently, if you have concerns about your eyesight, you go to an optometrist who will check your eyes and prescribe glasses if you need them. Then, you go somewhere of your choice to get those glasses. SQ 793 would allow retailers to have control of the process under one roof. The optometrist would work for the retailer. He or she would not be independent. We have a problem with that part of the constitutional amendment. SQ 793 also takes control away from the Oklahoma Board of Optometry, which is the licensing agency for optometrists. We don’t need to mess with the outstanding quality of care we have. Amending the Oklahoma Constitution with SQ 793 is the wrong thing to do."

• The Enid News & Eagle said: "We don’t need to mess with the outstanding quality of care we have. Amending the Oklahoma Constitution with SQ 793 is the wrong thing to do."

Campaign finance

See also: Campaign finance requirements for Oklahoma ballot measures

Ballotpedia identified one committee registered in support of the measure: Yes on 793, Inc. The committee reported a total of $4.63 million in contributions and 4.60 million in expenditures. The top contributor to the committee was Walmart, which provided over 75 percent of the total donations to the committee. Other donors include Oklahomans for Consumer Freedom and Costco Wholesale Corporation.

Ballotpedia identified one committee registered to oppose the measure: Oklahomans Against 793. The committee had raised $3 million and had spent $2.94 million. The largest donor was the Oklahoma Association of Optometric Physicians which had provided around 60 percent of the total donations to the committee. The majority of the other contributions came from various individual Doctors of Optometry.

	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$4,315,223.00	$316,736.56	$4,631,959.56	$4,287,440.24	$4,604,176.80
Oppose	$2,891,299.54	$111,077.38	$3,002,376.92	$2,826,761.74	$2,937,839.12
Total	$7,206,522.54	$427,813.94	$7,634,336.48	$7,114,201.98	$7,542,015.92

Support

The following table includes contribution and expenditure totals for the committees in support of the measure.

Committees in support of State Question 793
Committee	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Yes on 793, Inc.	$4,315,223.00	$316,736.56	$4,631,959.56	$4,287,440.24	$4,604,176.80
Total	$4,315,223.00	$316,736.56	$4,631,959.56	$4,287,440.24	$4,604,176.80

Donors

The following were the top donors to the committee.

Donor	Cash Contributions	In-Kind Contributions	Total Contributions
Walmart	$3,552,323.49	$0.00	$3,552,323.49
National Vision Inc	$1,000,000.00	$0.00	$1,000,000.00
Oklahomans for Consumer Freedom	$50,000.00	$60,208.07	$110,208.07
Costco Wholesale Corporation	$15,000.00	$0.00	$15,000.00

Opposition

The following table includes contribution and expenditure totals for the committees in opposition to the initiative.

Committees in opposition to State Question 793
Committee	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Oklahomans Against SQ 793	$2,891,299.54	$111,077.38	$3,002,376.92	$2,826,761.74	$2,937,839.12
Total	$2,891,299.54	$111,077.38	$3,002,376.92	$2,826,761.74	$2,937,839.12

Donors

The following were the top donors to the committee.

Donor	Cash Contributions	In-Kind Contributions	Total Contributions
Oklahoma Association of Optometric Physicians	$1,793,276.81	$0.00	$1,793,276.81
North Carolina Optometric Society	$10,000.00	$0.00	$10,000.00

Methodology

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

Background

Vision care in Walmart stores

The measure was supported by Walmart. As of 2018, Walmart operated Vision Centers in every state except Rhode Island, Delaware, and Oklahoma, where they were legally prohibited from doing so.

Laws related to vision care and retail establishments in Oklahoma

As of 2018, Section 596 of Title 59 in the Oklahoma statutes prohibited optometrists from practicing in retail establishments:

“

It shall be unlawful for any optometrist to render optometric care in any retail, mercantile establishment which sells merchandise to the general public; and it shall be unlawful for any person to display, dispense, sell, provide or otherwise purvey to the public, prescription eyeglasses, prescription lenses, frames or mountings for prescription lenses, within or on the premises of in any manner, any retail or mercantile establishment in which the majority of the establishment's income is not derived from the sale of such prescription optical goods and materials.

”

Subchapter 5 of chapter 10 in title 505 of the Oklahoma Administrative Code prohibited optometrists from practicing in close proximity to a retail optical outlet:

“

(a) No optometrist shall, with intent or purpose to induce patronage for himself, practice optometry in such proximity to a retail optical outlet as to induce the public to associate his practice with such retail optical outlet. (b) It shall be considered unprofessional and unethical to practice adjacent to a retail optical outlet without a solid wall between the two. There shall be no windows, doors or openings in the wall and there shall be no access from one side of the wall to the other and there shall be no referral of patients or persons from one side of the wall to the other.

”

Path to the ballot

See also: Laws governing the initiative process in Oklahoma

The state process

In Oklahoma, the number of signatures required to qualify an initiated constitutional amendment for the ballot is equal to 15 percent of the votes cast for governor in the previous gubernatorial election. Signatures must be submitted 90 days after the initiative is cleared for circulation by the secretary of state. Measures are generally placed on the next general election ballot following signature verification, but the governor may call a special election or place the measure on the primary ballot. If petitioners are targeting a specific election, the secretary of state recommends that signatures be submitted eight months prior to the election; however, they must be submitted a minimum of 60 days before the election to make the ballot.

The requirements to get an initiated constitutional amendment certified for the 2018 ballot:

• Signatures: 123,725 valid signatures were required.
• Deadline: The deadline to submit signatures was September 8, 2018; each initiative has a specific deadline as well.

The secretary of state verifies signatures and submits the totals and the vote totals that determine the requirement to the Oklahoma Supreme Court, which makes the final determination of sufficiency.

Details about this initiative

• A petition for this initiative was filed on March 21, 2017.
• On April 7, 2017, the Oklahoma Association for Optometric Physicians filed a protest with the Oklahoma Supreme Court challenging the constitutionality of the initiative. In early February 2018, the Oklahoma Supreme Court ruled that the initiative was constitutional and that proponents could proceed with the signature gathering efforts.
• The initiative was approved for signature gathering on March 8, 2018.
• On May 24, 2018, proponents of the measure, Oklahomans for Consumer Freedom said they have gathered around 255,000 signatures.
• On June 14, 2018, the Oklahoma Secretary of State certified the results of their physical signature count (nearly 250,000 signatures) to the Oklahoma Supreme Court.
• On July 23, 2018, Oklahoma Governor Mary Fallin officially certified the measure to appear on the ballot.

Cost of signature collection:
Ballotpedia found no petition companies that received payment from the sponsors of this measure, which means signatures were likely gathered largely by volunteers. A total of $0 was spent to collect the 123,725 valid signatures required to put this measure before voters, resulting in a total cost per required signature (CPRS) of $0.

Protest and supreme court ruling

  

Lawsuit overview
Issue: Single subject; whether the initiative concerns two distinct subjects—as prohibited by the constitution—because it was designed to affect both optometrists and opticians
Court: Oklahoma Supreme Court
Ruling: Ruled in favor of initiative proponents, allowing the initiative to be circulated
Plaintiff(s): Oklahoma Association for Optometric Physicians	Defendant(s): Initiative proponents
Plaintiff argument: The initiative violates the state constitution's requirement that an initiative concern only a single subject because it was designed to affect two professions: the professions of optometrists and opticians.	Defendant argument: While the initiative does affect two professions, both professions relate to eye care and both professions depend on each other.

  Source: News OK

How to cast a vote

See also: Voting in Oklahoma

Registration requirements

Check your voter registration status here.

To vote in Oklahoma, one must be at least 18 years old, a United States citizen, and a resident of Oklahoma.

The deadline for registration is 25 days prior to the election. Voters can register using the following methods:

“	Fill out a Voter Registration Application using the OK Voter Portal "wizard." (You must print, sign, and mail or hand deliver the application to your County Election Board to complete the process.) Download a Voter Registration Application from the State Election Board website. Applications are also available at your County Election Board, most tag agencies, libraries, and post offices. Applications must be mailed or hand delivered to your County Election Board to complete the process. Register at your County Election Board office. Register at your local tag agency when you apply for, update, or renew your Driver License or State ID. Submitted applications will be mailed to the State Election Board by the agent at no cost. Register with select public assistance agencies when you apply for, update, or renew services. Submitted applications will be mailed to the State Election Board by the agent at no cost.	”
—Oklahoma State Election Board

Once an applicant has been successfully registered, the county election board will mail him or her a voter identification card.

Automatic registration

See also: Automatic voter registration

Oklahoma does not practice automatic voter registration.

Online registration

See also: Online voter registration

Oklahoma has implemented an online voter registration system. Residents can register to vote by visiting this website.

Same-day registration

See also: Same-day voter registration

Oklahoma does not allow same-day voter registration.

Residency requirements

To register to vote in Oklahoma, you must be a resident of the state. State law does not specify a length of time for which you must have been a resident to be eligible.

Verification of citizenship

See also: Laws permitting noncitizens to vote in the United States

Oklahoma does not require proof of citizenship for voter registration. An individual must attest that they are a U.S. citizen when registering to vote. According to the state's voter registration application, a voter who submits false information commits a "felony punishable by not more than five years in prison, by a fine of not more than $50,000, or both."

All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment. Eight states — Alabama, Arizona, Kansas, Louisiana, New Hampshire, South Dakota, Utah, and Wyoming — have laws requiring individuals provide proof of citizenship at the time of voter registration, whether in effect or not. Three states, Florida, Georgia and Mississippi, require a person provide proof of citizenship if their citizenship status cannot be verified by other means. One state, Ohio, requires proof of citizenship only when registering to vote at a Bureau of Motor Vehicles facility. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters.

Verifying your registration

The Oklahoma State Election Board allows residents to check their voter registration status online by visiting the OK Voter Portal.

Voter ID requirements

Oklahoma requires voters to present identification while voting. Generally, voters are required to present a photo ID, but there is an exception to this requirement.

Valid forms of identification include government-issued photo IDs and county election board voter identification cards (which do not include photographs).

“

A document used for proof of identity for voting must have been issued by the United States government, the State of Oklahoma, or a federally recognized tribal government. The law requires a document used for proof of identity for voting to contain the following information: The name of the person to whom it was issued A photograph of the person to whom it was issued An expiration date that is after the date of the election, unless the identification is valid indefinitely

”

To view Oklahoma law pertaining to voter identification, click here.

See also

2018 measures

• 2018 ballot measures
• Business regulation on the ballot

Oklahoma

• Oklahoma ballot measures
• Oklahoma ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• State Question 793
• Yes on 793 campaign website
• Yes on 793 Twitter page
• Yes on 793 Facebook page
• Oklahomans Against 793 campaign website
• Oklahomans Against 793 Twitter page
• Oklahomans Against 793 Facebook page