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INITIATIVE AND REFERENDUM

OKLAHOMA 2024 SESSION LAW SERVICE Fifty-Ninth Legislature, 2024 Second Regular Session

2024 Okla. Sess. Law Serv. Ch. 119 (S.B. 518) (WEST)
OKLAHOMA 2024 SESSION LAW SERVICE
Fifty-Ninth Legislature, 2024 Second Regular Session
Additions are indicated by Text; deletions by
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CHAPTER 119
S.B. No. 518
INITIATIVE AND REFERENDUM
An Act relating to initiative and referendum; amending 34 O.S. 2021, Sections 1, 2 and 8, which relate to form, publication, and protest; modifying information required for inclusion on certain forms; authorizing Secretary of State to charge certain filing fee for certain purpose; requiring certain publication on website; requiring notice to certain officers; increasing time period for certain protest or objection; updating statutory language; and declaring an emergency.
SUBJECT: Initiative and referendum
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
<< OK ST T. 34 § 1 >>
SECTION 1. AMENDATORY 34 O.S. 2021, Section 1, is amended to read as follows:
Section 1. A. The referendum petition shall be substantially as follows:
PETITION FOR REFERENDUM
To the Honorable ____________, Governor of Oklahoma (or To the Honorable ____________, Mayor, Chairman of County Commissioners, or other chief executive officer, as the case may be, of the city, county or other municipal corporation of ____________):
We, the undersigned legal voters of the State of Oklahoma (or district of __________, county of ____________, or city of ____________, as the case may be), respectfully order that Senate (or House) Bill No. __________ (or ordinance No. ____________), entitled (title of Act, and if the petition is against less than the whole Act, then set forth here the part or parts on which the referendum is sought), passed by the ____________ Legislature of the State of Oklahoma, at the regular (or special) session of said legislature, shall be referred to the people of the State (district of ____________, county of ____________, or city of ____________, as the case may be) for their approval or rejection at the regular (or special) election to be held on the ________ day of ____________, 20__, and each for himself says: I have personally signed this petition; I am a legal voter of the State of Oklahoma (and district of __________, county of ____________, or city of ____________, as the case may be); the following five data points shall be included on the form: the voter's legal first name, legal last name, zip code, house number and numerical month and day of my birth.
Referendum petitions shall be filed with the Secretary of State not more than ninety (90) days after the final adjournment of the session of the legislature which passed the bill on which the referendum is demanded. (For county, city or other municipality the length of time shall be thirty (30) days.)
The question we herewith submit to our fellow voters is: Shall the following bill of the legislature (or ordinance or resolution--local legislation) be approved? (Insert here an exact copy of the text of the measure followed by proponents of record (not to exceed three signatures, complete printed name and address associated with his or her Oklahoma voter registration record).)
B. In order for the signature to be approved by the Secretary of State, three four or more data points described in subsection A of this section must be matched to the voter registration file.
<< OK ST T. 34 § 2 >>
SECTION 2. AMENDATORY 34 O.S. 2021, Section 2, is amended to read as follows:
Section 2. A. The form of initiative petition shall be substantially as follows:
INITIATIVE PETITION
To the Honorable ______________, Governor of Oklahoma (or To the Honorable ______________, Mayor, Chairman of County Commissioners, or other chief executive officers, as the case may be, for the city, county or other municipality): We, the undersigned legal voters of the State of Oklahoma (and of the district of _______________, county of _______________, or city of ________________, as the case may be), respectfully order that the following proposed law (or amendment to the constitution, ordinance, or amendment to the city charter, as the case may be) shall be submitted to the legal voters of the State of Oklahoma (or of the district of ______________, county of ______________, or city of ______________, as the case may be) for their approval or rejection at the regular general election (or regular or special city election), to be held on the _____ day of _________, 20__, and each for himself says: I have personally signed this petition; I am a legal voter of the State of Oklahoma (and of the district of _________, county of __________________, city of ______________, as the case may be); the following five data points shall be included on the form: the voter's legal first name, legal last name, zip code, house number, and numerical month and day of my birth. The time for filing this petition expires ninety (90) days from (Secretary of State to insert assigned date when petition is to begin signature circulation). (This for State initiative. For county, city, or other municipality the length of time shall be ninety (90) days.) The question we herewith submit to our fellow voters is: Shall the following bill (or proposed amendment to the Constitution or resolution) be approved? (Insert here an exact copy of the text of the measure followed by proponents of record (not to exceed three signatures, complete printed name and address associated with his or her Oklahoma voter registration record).)
B. In order for the signature to be approved by the Secretary of State, three four or more data points described in subsection A of this section must be matched to the voter registration file.
<< OK ST T. 34 § 8 >>
SECTION 3. AMENDATORY 34 O.S. 2021, Section 8, is amended to read as follows:
Section 8. A. When a citizen or citizens desire to circulate a petition initiating a proposition of any nature, whether to become a statute law or an amendment to the Constitution, or for the purpose of invoking a referendum upon legislative enactments, such citizen or citizens shall, when such petition is prepared, and before the same is circulated or signed by electors, file a true and exact copy of same in the office of the Secretary of State and shall at the same time file a separate ballot title, which shall not be part of or printed on the petition. The Secretary may charge a filing fee not to exceed Seven Hundred Fifty Dollars ($750.00) to cover the cost of publication of notice as required by subsection B of this section.
B. It shall be the duty of the Secretary of State to cause to be published, on the website of the Office of the Secretary of State and in at least one newspaper of general circulation in the state, a notice of such filing and the apparent sufficiency or insufficiency of the petition, and shall include notice that any citizen or citizens of the state may file a protest as to the constitutionality of the petition, by a written notice to the Supreme Court and to the proponent or proponents filing the petition. Notice of such filing shall be provided to the President Pro Tempore of the Senate and the Speaker of the House of Representatives. Any such protest must be filed within ten (10) twenty (20) business days after publication. A copy of the protest shall be filed with the Secretary of State.
C. Upon the filing of a protest to the petition, the Supreme Court shall then fix a day, not less than ten (10) business days thereafter, at which time it will hear testimony and arguments for and against the sufficiency of such petition.
D. A protest filed by anyone hereunder may, if abandoned by the party filing same, be revived within five (5) business days by any other citizen. After such hearing the Supreme Court shall decide whether such petition is in the form required by the statutes. If the Court is at the time adjourned, the Chief Justice shall immediately convene the same for such hearing. No objection to the sufficiency shall be considered unless it has been made and filed as herein provided.
E. Signature-gathering Deadline for Initiative Petitions. When an initiative petition has been filed in the office of the Secretary of State and all appeals, protests and rehearings have been resolved or the period for such has expired, the Secretary of State shall set the date for circulation of signatures for the petition to begin but in no event shall the date be less than fifteen (15) days nor more than thirty (30) days from the date when all appeals, protests and rehearings have been resolved or have expired. Notification shall be sent to the proponents specifying the date on which circulation of the petition shall begin and that the signatures are due within ninety (90) days of the date set. Each elector shall sign his or her name and legibly print his or her name, birth date and address associated with his or her Oklahoma voter registration record. Any petition not filed in accordance with this provision shall not be considered. The proponents of an initiative petition, any time before the final submission of signatures, may withdraw the initiative petition upon written notification to the Secretary of State.
F. Signature-gathering Deadline for Referendum Petitions. All signed signatures supporting a referendum petition shall be filed with the Secretary of State not later than ninety (90) days after the adjournment of the legislative session in which the measure, which is the subject of the referendum petition, was enacted.
G. The proponents of a referendum or an initiative petition may terminate the circulation period any time during the ninety-day circulation period by certifying to the Secretary of State that:
1. All signed petitions have already been filed with the Secretary of State;
2. No more petitions are in circulation; and
3. The proponents will not circulate any more petitions.
If the Secretary of State receives such a certification from the proponents, the Secretary of State shall begin the counting and review process.
H. When the signed copies of a petition pamphlet are timely filed, the Secretary of State shall file a copy of the proponent's ballot title with the Attorney General and, after conducting a count and review of the filed, signed petition pamphlets, the Secretary of State shall certify to the Supreme Court of the state:
1. The total number of signatures counted pursuant to procedures set forth in this title; and
2. The total number of votes cast for the state office receiving the highest number of votes cast at the last general election.
The Supreme Court shall make the determination of the numerical sufficiency or insufficiency of the signatures counted and reviewed by the Secretary of State.
I. Upon order of the Supreme Court it shall be the duty of the Secretary of State to forthwith cause to be published, in at least one newspaper of general circulation in the state, a notice of the filing of the signed petitions and the apparent sufficiency or insufficiency thereof, and shall also publish the text of the ballot title as reviewed and approved or, if applicable, as rewritten by the Attorney General pursuant to the provisions of subsection D of Section 9 of this title and notice that any citizen or citizens of the state may file an objection to the count made by the Secretary of State, by a written notice to the Supreme Court and to the proponent or proponents filing the petition. Any such objection must be filed within ten (10) twenty (20) business days after publication and must relate only to the validity or number of the signatures or a challenge to the ballot title. A copy of the objection to the count or ballot title shall be filed with the Supreme Court, the Attorney General and the Secretary of State.
J. Upon appeal and if ordered or directed by the Supreme Court, the Secretary of State shall deliver the bound volumes of signatures to the Supreme Court.
K. Upon the filing of an objection to the signature count or ballot title, the Supreme Court shall resolve the objection with dispatch. The Supreme Court shall adopt rules to govern proceedings to apply to the challenge of a measure on the grounds that the proponents failed to gather sufficient signatures.
L. If in the opinion of the Supreme Court, any objection to the count or protest to the petition is frivolous, the Court may impose appropriate sanctions, including an award of costs and attorneys attorney fees to either party as the Court deems equitable.
M. Whenever reference is made in this act to the Supreme Court, such reference shall include the members of the Supreme Court or any officer constitutionally designated to perform the duties herein prescribed.
SECTION 4. It being immediately necessary for the preservation of the public peace, health or safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.
Approved April 23, 2024.
End of Document