Laws governing local ballot measures in Oklahoma

Laws Governing Local Ballot Measures

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All Oklahoma municipalities have a mandated initiative and referendum process for local ballot measures.

This article sets out the laws governing local ballot measures in Oklahoma. It explains:

• Which local units of government make the initiative process available to residents.
• How and whether local units of government, including school districts, can refer local ballot measures (such as school bond propositions) to the ballot.
• An overview of laws governing local recall elections.

Types of local government

According to a 2022 study from the U.S. Census Bureau, this state's local governments consist of 77 counties, 592 cities, towns, and villages, and 632 special districts.

School districts

See also: School bond and tax elections in Oklahoma

Oklahoma is one of a handful of states that expresses its property tax cap limit using the mill rate formula over an mathematical formula. Oklahoma has a five mill limit that is protected by the Oklahoma Constitution. Oklahoma is different from other states as they use the five mill limit for issuing bonds, bond taxes, and exceeding the levy limit. Oklahoma requires a three-fifths (60%) super-majority vote to approve bond referendums while referendums involving the five mill limit only require a simple majority vote.

Local recall rules

Recall of local elected officials in Oklahoma is available in some jurisdictions.

For additional detail, see: Laws governing recall in Oklahoma

Initiative process availability

All 86 charter municipalities have mandated charter amendment through initiative and referendum.

All 508 general law municipalities have mandated initiative and referendum for ordinances.

No counties in Oklahoma have the powers of initiative and referendum.

Restrictions

See also: Oklahoma Senate Bill 809 (2015)

Oklahoma Senate Bill 809, which was enacted in 2015, prohibited local regulations of the oil and gas industry, with exceptions for "reasonable" provisions concerning road use, traffic, noise, odors and the health, safety and welfare of residents.

Authority

Ballot Law Portal

Laws Governing Ballot Measures

Constitution

Section XVIII-4 of the Oklahoma Constitution mandates the powers of initiative and referendum to the people of the state.

Statutes

Oklahoma Statutes §11‑15‑101 mandates the powers of initiative and referendum to all cities, whether it be for charter amendment or the enacting of ordinances.

Initiative process features

A guide to local ballot initiatives

The initiative process for general law municipalities is detailed in Oklahoma Statutes 11-15-101 through 11-15-110.

The same process is the default for charter amendment, but charter cities have the authority to change the process to fit their city's individual situation.

City Initiative Process   Subject matter restrictions Petitions are restricted to legislative matters regarding the municipality. (OK Statutes §11‑15‑101) Petition text approval A true copy of each measure proposed must be filed with city clerk prior to circulation. (OK Statutes §11‑15‑103) Signatures required For both initiatives and referendums a number of signatures equal to at least 25% of the total number of votes cast at the preceding election. (OK Statutes §11‑15‑103) Circulation For initiatives: 90 days after filing with the clerk to circulate your petition. For referendums: 30 days after the passage of the ordinance or resolution in question. All circulators must be qualified electors in the state of Oklahoma. (OK Statutes §34‑3.1 and §11‑15‑103) Petition appearance and content The form of the petition for both initiative or referendum in a municipality must conform to the guidelines found in Sections 1 and 2 of Title 34 of the Oklahoma Statutes. Each sheet of the petition with signatures must be verified by the circulator using the form found in Oklahoma Statutes §34-6. Process for approval The process for approval of the petition is indirect. The clerk publishes notice of the measure in the municipal paper and any voter can object within 10 days. A review of the ballot title by the municipal clerk and attorney follows. Any elector can protest ballot title within 10 days upon which the district court determines validity of title. The petition is then submitted to mayor who presents it to the municipal governing body who must either pass it within 30 days or submit it to a vote of the electors. (OK Statutes §11‑15‑106 and §11‑15‑107) Scheduling and results of election Should the governing body not grant the petition more than 30 days before the next general municipal election (or biennial or special town meeting), then the mayor submits the ordinance to the voters at the next general municipal election (or biennial or special town meeting). A simple majority determines the result of the election. (OK Statutes §11‑15‑108 through §11‑15‑110)

Initiative process in the top 10 most populated cities

Local I&R Laws in the 50 States

Source: Local Ballot Initiatives: How citizens change laws with clipboards, conversations, and campaigns

Individual city provisions   Oklahoma City Population as of the July, 2011 census update: 591,967 Follows the state mandated initiative process for both charter amendment and ordinances, which can be found above. Tulsa Population as of the July, 2011 census update: 396,466 Charter city Follows the state mandated initiative process for both charter amendment and ordinances, which can be found above. Norman Population as of the July, 2011 census update: 113,273 Charter city Follows the state mandated initiative process for both charter amendment and ordinances, which can be found above. Broken Arrow Population as of the July, 2011 census update: 100,073 General law city Follows the state mandated initiative process for ordinances, which can be found above. Lawton Population as of the July, 2011 census update: 98,177 Charter city Follows the state mandated initiative process for both charter amendment and ordinances, which can be found above. Edmond Population as of the July, 2011 census update: 82,963 Charter city Follows the state mandated initiative process for both charter amendment and ordinances, which can be found above. Moore Population as of the July, 2011 census update: 56,315 Charter city Follows the state mandated initiative process for both charter amendment and ordinances, which can be found above. Midwest City Population as of the July, 2011 census update: 55,427 Charter city Follows the state mandated initiative process for both charter amendment and ordinances, which can be found above. Enid Population as of the July, 2011 census update: 49,451 Charter city Follows the state mandated initiative process for both charter amendment and ordinances, which can be found above. Stillwater Population as of the July, 2011 census update: 46,048 Charter city Follows the state mandated initiative process for both charter amendment and ordinances, which can be found above.

See also

• Laws governing ballot measures
• Laws governing local ballot measures
• Local ballot measures, Oklahoma
• Counties in Oklahoma

External links

• Ballotpedia Research Document, Local Initiative in Oklahoma
• Oklahoma Municipal League
• Oklahoma Department of Libraries, Oklahoma Almanac, "Oklahoma Municipal Government," 2005