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Oklahoma State Question 804, Independent Redistricting Commission Initiative (2020)
| Oklahoma State Question 804, Independent Redistricting Commission Initiative | |
|---|---|
 | |
| Election date November 3, 2020 | |
| Topic Redistricting measures | |
| Status Not on the ballot | |
| Type Constitutional amendment | Origin Citizens |
Oklahoma State Question 804, the Independent Redistricting Commission Initiative, was not on the ballot in Oklahoma as an initiated constitutional amendment on November 3, 2020.
The initiative was designed to create an independent redistricting commission responsible for congressional and state legislative redistricting. As of 2020, congressional and state legislative districts were drawn by the state legislature.[1][2]
Text of measure
Ballot title
The ballot title for this measure would have been as follows:[2]
| “ |
This measure adds a new Article V-A to the Oklahoma Constitution. This new Article creates the Citizens' Independent Redistricting Commission and vests the power to redistrict the State's House of Representative and Senatorial districts, as well as its Federal Congressional Districts, in the Commission (rather than the Legislators). The Article sets forth qualifications and a process for the selection of Commissioners, a Special Master and a Secretary. It also sets forth a process for the creation and approval of redistricting plans after each Federal Decennial Census. In creating the redistricting plans, the Commission must comply with certain criteria, including federal law, population equality, and contiguity, and must seek to maximize compliance with other criteria, including respect for communities of interest, racial and ethnic fairness, respect for political subdivision boundaries, political fairness, and compactness. The Article creates a fallback mechanism in the event that the Commission cannot reach consensus on a plan within a set timeframe. It also sets forth procedures for funding and judicial review, repeals existing constitutional provisions involving legislative districts, codifies the number Of state House of Representative and Senatorial districts, and reserves powers to the Commission rather than the Legislature. Shall the proposal be approved? For the proposal - YES Against the proposal - NO A "YES" vote is a vote in favor of this measure. A "NO" vote is a vote against this measure. [3] |
” |
Full text
The full text of the measure is available here.
Support
People Not Politicians led the campaign in support of the initiative.[4]
Supporters
- Let's Fix This OK[4]
- League of Women Voters of Oklahoma[4]
- Unite America[5]
Arguments
People Not Politicians wrote, "Oklahomans deserve to have fair and equal representation across the state, and partisan gerrymandering is keeping that from happening. Oklahoma’s politicians have not been held accountable for far too long. When politicians know their district is drawn to protect them from losing elections, they become less accountable to the voters and are more loyal to their own interests. Our initiative will create districts that are drawn fairly, elections that are more competitive, and politicians who are more interested in responding to the needs of average citizens and fixing many of the state’s real problems."[4]
Opposition
Opponents
- David McLain (R), chairman of the Oklahoma Republican Party[6]
Arguments
- David McLain (R), chairman of the Oklahoma Republican Party, wrote, "SQ 804 would remove control over the redistricting process from our elected officials and place it in the hands of unelected activist judges who would then assemble their own 'independent' election commission. These new commissioners, unlike the bipartisan legislative committees that today control redistricting, would be held accountable to no one." McLain also wrote, "The maps created by many of these independent commissions look as bad or worse than the corkscrew- or hockey stick-shaped maps that many legislative bodies produce. The difference, of course, being that activist judges are contorting districts into positions that accompany the 'correct' numbers of urban, liberal, LGBTQ+, or whatever other left-leaning affiliation that might benefit Democrats."[6]
Background
Redistricting in Oklahoma
- See also: Redistricting in Oklahoma
Going into the 2020 election and the 2020 census year, congressional and state legislative districts were drawn by the state legislature. A simple majority vote in each chamber was required to pass a redistricting plan, which was subject to veto by the governor.
Procedures for state legislative redistricting by state
- See also: State-by-state redistricting procedures
In 34 of the 50 states, state legislatures play the dominant role in state legislative redistricting. Commissions draw state legislative district lines in 14 states. In two states, hybrid systems are used, in which state legislature share redistricting authority with commissions. See the map and table below for further details.[7][8][9]
Procedures for congressional redistricting by state
- See also: State-by-state redistricting procedures
Most states are required to draw new congressional district lines every 10 years following completion of United States Census (those states comprising one congressional district are not required to redistrict). In 33 of these states, state legislatures play the dominant role in congressional redistricting. In nine states, commissions draw congressional district lines. In two states, hybrid systems are used, in which the legislatures share redistricting authority with commissions. The remaining states comprise one congressional district each, rendering redistricting unnecessary. See the map and table below for further details.[7][8]
Path to the ballot
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 2020 ballot:
- Signatures: 177,958 valid signatures were required
- Deadline: Each initiative has its own deadline that is 90 days after it was approved to circulate.
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
- The initiative was filed on October 28, 2019.[1]
Ballot language lawsuit
Two legal challenges to the initiative were filed in the Oklahoma Supreme Court on November 15, 2019. The filings can be found here (Case No. MA-118405) and here (Case No. MA-118406).
| Lawsuit overview | |
| Issue: Whether the measure violates the state's single-subject rule, violates plaintiffs' First Amendment right to participate in political processes; and whether the measure's ballot language is inaccurate | |
| Court: Oklahoma Supreme Court | |
| Ruling: Ruled in favor of plaintiffs | |
| Plaintiff(s): Roger Gaddis, Laura Newberry, and Eldon Merklin | Defendant(s): Initiative sponsors Andrew Moore, Janet Ann Largent, and Lynda Johnson |
| Plaintiff argument: The measure violates the state's single-subject rule, the measure violates plaintiffs' First Amendment right to participate in political processes, and the measure's ballot language is inaccurate and fails to include how commissioners would be elected. | Defendant argument: "Today’s lawsuit is a misguided attempt by special interests and the politicians beholden to them to deny the people of Oklahoma the right to vote on a proposal that would put an end to partisan gerrymandering." |
Source: Tulsa World
The Supreme Court blocked the measure from appearing on the ballot on February 4, 2020. Justice Douglas Combs wrote that the gist needs more detail so that those who sign it are aware the measure is intended to stop partisan gerrymandering. In a separate ruling, the court said the petition complies with single-subject requirements and does not violate the First Amendment. People Not Politicians, sponsors of the measure, said they would rewrite the ballot language and refile the measure.[10]
See also
External links
Footnotes
- ↑ 1.0 1.1 Oklahoma Secretary of State, "State Questions," accessed October 29, 2019
- ↑ 2.0 2.1 Oklahoma Secretary of State, "State Question 804 full text," accessed October 29, 2019
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ 4.0 4.1 4.2 4.3 People Not Politicians, "Learn more," accessed October 29, 2019
- ↑ FEC, "Unite America," accessed February 4, 2020
- ↑ 6.0 6.1 The Oklahoman, "Point of View: National Dems seek inroads with Oklahoma redistricting push," accessed January 16, 2020
- ↑ 7.0 7.1 All About Redistricting, "National Summary," accessed July 29, 2024
- ↑ 8.0 8.1 The American Redistricting Project, "State," accessed July 29, 2024
- ↑ NCSL, "Redistricting Commissions: State Legislative Plans," December 10, 2021
- ↑ Oklahoman, "Oklahoma Supreme Court tosses redistricting petition; proponents plan to refile," accessed February 5, 2020
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