Laws governing the initiative process in Oklahoma

Statewide laws and procedures

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Citizens of Oklahoma may initiate statewide legislation via ballot measures in the form of either initiated state statutes or initiated constitutional amendments. In Oklahoma, citizens also have the power to repeal legislation via veto referendum.

On the local level, all Oklahoma municipalities have a mandated initiative and referendum process for local ballot measures. See also: Laws governing local ballot measures in Oklahoma.

Crafting an initiative

Of the 24 states that allow citizens to initiate legislation through the petition process, several states have adopted restrictions and regulations that limit the scope and content of proposed initiatives. These regulations may include laws that mandate that initiatives address only one topic, restrict the range of acceptable topics for proposed laws, prohibit unfunded mandates and establish guidelines for adjudicating contradictory measures.

Single-subject rule

See also: Single-subject rule

Oklahoma has a single-subject rule for both initiated statutes and initiated amendments. However, the language of each requirement could be construed as applying only to legislative acts and legislatively referred constitutional amendments. Court cases concering proposed citizen initiatives, however, clarified that the requirement also applied to citizen-initiated measures.

See law: Oklahoma Constitution, Article V, Section 57 and Article XXIV, Section 1

Subject restrictions

See also: Subject restrictions (ballot measures)

Initiated measures and amendments are not governed by subject restrictions in Oklahoma. In addition, they are not required to specify a funding source for mandated expenditures.

See law: Oklahoma Constitution, Article V, Sections 1-8, 57 ; Article XXIV, Sections 1-3 and Oklahoma Statutes, Title 34

Veto referendums on emergency legislation

In Oklahoma, veto referendums cannot be used on emergency legislation.

See law: Oklahoma Constitution, Article V, Section 2

Competing initiatives

See also: Superseding initiative; "Poison pills"; List of Oklahoma ballot measures

Oklahoma law provides that in the event that two conflicting measures are approved, the measure with the most affirmative votes supersedes the other on all points of conflict. The other measure is not wholly superseded.

Oklahoma law is unique in providing a second chance when two conflicting measures are both defeated. In Oklahoma, if two conflicting measures are both defeated, then the one with the most affirmative votes, provided it received approval from at least one-third of the total voters for or against both measures, is resubmitted to voters at the next election.

In situations where two similar measures conflict, voters in favor of the shared provisions of the measures might be divided over the measures' differences. Thus, an elector might vote "yes" on one measure and "no" on the competing measure, even though his position is a matter of preference, rather than approval and disapproval. This can cause both measures to fail even if both sides would prefer either measure to no measure. Oklahoma's law allowing a second chance in the case of conflicting measures was designed to prevent this.

See law: Oklahoma Statutes, Title 34, Section 34-21

Starting a petition

Each initiative and referendum state employs a different procedure for filing petition applications. Some states require preliminary signatures while others do not. In addition, several states review each proposed statute, verifying that the law conforms to the style and conventions of state law and recommending alterations to initiative proponents. Some of these states also review the law for more substantive considerations of content and consistency. Also, many states conduct a review of the ballot title and summary, and several states employ a fiscal review process which analyzes proposed laws to determine their impact on state finances.

Applying to petition

See also: Approved for circulation

Prior to collecting signatures, proponents of a ballot measure must file a copy of their petition with the Oklahoma secretary of state. In addition, they must file separate copies of the measure's text with the secretary of state and the Oklahoma attorney general. The text of the measure must also appear on the petitions. Proponents should also file a ballot title of 200 words or less with the secretary, explaining the measure. This ballot title is not included on the petition.

See law: Oklahoma Constitution, Article V, Section 2 and Oklahoma Statutes, Title 34, Sections 34-8(A) and 34-9(A,B)

Proposal review/approval

See also: Approved for circulation

The secretary of state reviews the petition form and transmits the ballot title to the attorney general for review. If the ballot title is inaccurate, biased, misleading or difficult to read, the attorney general makes the necessary revisions and returns the revised version to the secretary. Once this review is complete, a notice of the filing is published in a paper of "general circulation" and the secretary certifies the text of the measure and the final title with the state election board.

The petition sheets must contain the names, addresses, and signatures of three primary initiative sponsors.

See law: Oklahoma Statutes, Title 34, Section 34-9(A,B,D)

Fiscal review

See also: Fiscal impact statement

Petition sponsors must submit a ballot title that shall state if an initiative "will have a fiscal impact on the state and if so, the potential source of funding including but not limited to federal funding or legislative appropriation which may require imposition of a new tax, increase of an existing tax or elimination of existing services." The submitted ballot title is subject to revisions by the attorney general and challenges to the state supreme court.

See law: Oklahoma Constitution, Article V, Sections 1-8, 57 ; Article XXIV, Sections 1-3 and Oklahoma Statutes, Title 34

Collecting signatures

Each initiative and referendum state employs a unique method of calculating the state's signature requirements. Some states mandate a certain fraction of registered voters while others base their calculation on those who actually voted in a preceding election. In addition, many states employ a distribution requirement, dictating where in the state these signatures must be collected. Beyond these overarching requirements, many states regulate the manner in which signatures may be collected and the timeline for collecting them.

Number required

See also: Oklahoma signature requirements

The number of signatures required to qualify initiatives for the ballot in Oklahoma is tied to the total votes cast for governor in the last gubernatorial election. The number of signatures required for initiated constitutional amendments must equal 15% of the number of votes cast for governor. The number for initiated state statutes must equal 8% of the number of votes cast for governor. The number for veto referendums must be 5% of the number of votes cast for governor. Previously rejected measures require 25% percent of this number in order to be placed on the ballot again within three years.

The basis of the Oklahoma signature requirement used to be the votes cast for the office receiving the most votes in the state's last general election. Due to higher turnout for presidential elections, the signature requirement varied widely every fourth year. In 2010, voters passed Oklahoma State Question 750, amending the requirement to reflect turnout at gubernatorial elections.

The chart below shows election years and the signature requirement for initiatives designed to appear on the ballot in that year, with gubernatorial election years in 2010 and after bolded.

Year	Amendment	Statute	Veto referendum
2024	172,993	92,263	57,664
2022	177,958	94,911	59,320
2020	177,958	94,911	59,320
2018	123,725	65,987	41,242
2016	123,725	65,987	41,242
2014	155,216	82,782	51,739
2012	155,216	82,782	51,739
2010	219,400	117,013	73,134
2008	138,970	74,117	46,324
1994	208,554	111,229	-
1992	175,656	93,683	-
1990	175,656	-	-
1989	136,489	-	-

See law: Oklahoma Constitution, Article V, Section 2 & Section 6

Distribution requirements

See also: Distribution requirements

Oklahoma does not have a distribution requirement for petition signatures.

See law: Oklahoma Constitution, Article V, Sections 1-8, 57 ; Article XXIV, Sections 1-3 and Oklahoma Statutes, Title 34

Restrictions on circulators

Circulator requirements

See also: Petition circulator

In Oklahoma, there are no statutes that prevent a circulator from signing the petition being circulated. Each initiative petition contains a mandatory circulator affidavit. The circulator is required to sign these affidavits before a public notary. He or she must swear to and sign a statement, under the penalty of law, that he or she personally witnessed every act of signing the petition.

Oklahoma statutes §34-3.1 and §34-6 were designed to dictate that those circulating petitions are required to be qualified electors of Oklahoma and complete verification. A court case in 2008, however, ruled that Oklahoma's qualified electors requirement for circulators was unconstitutional.

Once circulation is completed, the signatures are submitted to the secretary of state.

See law: Oklahoma Statutes §34-3.1, Oklahoma Statutes §34-36 and Oklahoma Statutes §34-8(E)

Pay-per-signature

See also: Pay-per-signature

Oklahoma allows paying signature gatherers based on the number of signatures collected.

See law: Oklahoma Constitution, Article V, Sections 1-8, 57 ; Article XXIV, Sections 1-3 & Oklahoma Statutes, Title 34

Out-of-state circulators

See also: Residency requirements for petition circulators

Oklahoma does not require signature gatherers to be state residents. It used to limit signature gathering to "qualified electors" and, thus, residents, but this statute was overturned in Yes on Term Limits v. Savage.

See law: Oklahoma Statutes, Title 34, Section 34-3.1 and Yes on Term Limits v. Savage

Badge requirements

See also: Badge requirements

Oklahoma law does not require the circulator's paid/volunteer status to be disclosed.

See law: Oklahoma Constitution, Article V, Sections 1-8, 57 ; Article XXIV, Sections 1-3 and Oklahoma Statutes, Title 34

Electronic signatures

See also: Electronic petition signatures

Since electronic signatures are an emerging technology, the constitutionality of bans on e-signatures and the legality of e-signatures in states without bans is largely untested. Oklahoma law does mandate that petitions be printed on legal (8 1/2" x 14") paper.

See law: Oklahoma Statutes, Title 34, Section 34-4

Deadlines for collection

See also: Petition drive deadlines, Initiative petition circulation periods and Oklahoma House Bill 1484 (2015)

In Oklahoma, proponents may circulate a petition for a period of 90 days. For initiatives, the 90-day period for circulation begins on a day set by the secretary of state between 15 and 30 days after all challenges to the initiative petition are finalized. For referendums, signatures are due 90 days after the adjournment of the legislative session in which the targeted law was passed. Measures are generally placed on the next general election ballot, but the governor may call a special election or place the measure on the primary ballot.

State elections officials in Oklahoma recommend filing a proposed initiative during the first months of the year preceding the targeted election year due to the two periods during which challenges may be filed against an initiative. For example, to qualify an initiative for the November 2020 ballot, Oklahoma elections officials recommend filing the initiative proposal in the early months of 2019.

See law: Oklahoma Constitution, Article V, Section 3 and Oklahoma Statutes, Title 34, Section 34-25

Getting on the ballot

Once signatures have been collected, state officials must verify that requirements are met and that fraudulent signatures are excluded. States generally employ a random sample process or a full verification of signatures. After verification, the issue must be prepared for the ballot. This often involves preparing a fiscal review and ballot summary.

Signature verification

See also: Signature certification

Once the signatures have been gathered, the secretary of state counts each signature, excluding any signatures for which the secretary of state cannot match at least three data points on the petition sheet with the signer's voter registration record, any signatures or sheets that are not in the proper form, and any signatures that are duplicated or fraudulent. The secretary then submits this total, along with the vote totals relevant to calculating the signature requirement, to the Oklahoma Supreme Court which makes the final determination of sufficiency. The secretary, upon receiving the determination of the court, is required to publish the results in a paper of general circulation.

See law: Oklahoma Statutes, Title 34, Sections 34-6.1 and 34-8(G,H)

Ballot title and summary

See also: Ballot title

In Oklahoma, each measure is given two generic names -- one designating its filing as a state question (e.g. State Question No. 744, State Question No. 745, State Question No. 746), and one designating its filing as an initiative, referendum or legislative referral (e.g. Initiative Petition No 391, Referendum Petition No. 23, Legislative Referendum No. 347). Each number is assigned according to the date of initial filing -- whether or not the petition is ultimately placed on the ballot. Each series begins with one. The first state question was referred by the state legislature and placed on the election ballot on November 3, 1908.

The descriptive title is assigned during the initial review of the petition. It must fairly and accurately describe the measure in 200 words or less. In addition, it must be free of jargon, be written at an eighth grade reading level, and clearly represent the effect of a "yes" vote and a "no" vote. The ballot language must always be formulated so that a "yes" vote is a vote in favor of the proposition in question, and a "no" vote is a vote to reject it.

An example of a ballot title can be found here.

See law: Oklahoma Statutes, Title 34, Section 34-7

The election and beyond

Ballot measures face additional challenges beyond qualifying for the ballot and receiving a majority of the vote. Several states require ballot measures to get more than a simple majority. While some states mandate a three-fifths supermajority, other states set the margin differently. In addition, ballot measures may face legal challenges or modifications by legislators. If a ballot measure does fail, some states limit how soon that initiative can be re-attempted.

Supermajority requirements

See also: Supermajority requirements

In Oklahoma, each ballot measure requires only a simple majority of the votes cast for it and against it.

See law: Oklahoma Constitution, Article V, Section 3 ; Article XXIV, Section 1

Effective date

Oklahoma ballot measures take effect upon approval by voters.

See law: Oklahoma Constitution, Article V, Section 3

Litigation

See also: Ballot measure lawsuit news

At two points during the initiative process, 10 days are allotted for challenging a measure:

1. For ten days after the publication of the petition, including a ballot title, any citizen may challenge the sufficiency or constitutionality of the petition. This challenge must contain a suggested alternative ballot title. Ballot titles for legislative referrals may not be challenged. The signature collection period, beginning with the initial filing, is not shortened by legal challenges. The 90-day limit starts following the final decision on a challenge.

2. For ten days following the publication of the signature count results, any citizen may challenge the official signature count or the ballot title.

All challenges should be filed in the Oklahoma Supreme Court. If the court determines that any challenge is frivolous, the court may impose "appropriate sanctions, including an award of costs and attorneys' fees to either party as the court deems equitable."

Citizens in Charge, a nonprofit that promotes initiative rights, makes the following observation about Oklahoma process for legal challenges: "There is no statutory requirement for the state to rule on [a ballot title] challenge. There have been instances when the court has taken over a year to make a ruling."

See law: Oklahoma Statutes, Title 34, Sections 34-8, -10, -11

Legislative alteration

See also: Legislative alteration

The Oklahoma State Legislature may repeal an initiated statute with a simple majority vote. In order to change or repeal a constitutional amendment, lawmakers must place an amendment on the ballot via the ordinary referral process, which consists of a simple majority vote of each chamber.

See law: Oklahoma Constitution, Article V, Section 7

Re-attempting an initiative

In Oklahoma, no measure rejected by voters may be initiated again within three years unless proponents can gather signatures equal to 25 percent of the total vote cast for governor in the last gubernatorial election. Initiated amendments and statutes ordinarily require 15 percent and 8 percent respectively.

See law: Oklahoma Constitution, Article V, Section 6

Funding an initiative campaign

See also: Campaign finance requirements for Oklahoma ballot measures

Some of the features of Oklahoma's campaign finance laws are:

• Ballot measure groups are called Political Action Committees (PAC's).
• Oklahoma bans contributions made from one PAC to the other.
• All campaign expenditures cannot exceed fair market value regardless for which good or service was sold.
• Oklahoma allows corporations and labor unions to donate to PAC's registered in support of or opposition to a referendum.
• Oklahoma requires 24-hour reporting for paid advertisements costing over $5,000.
• Oklahoma requires 24-hour reporting for all campaign contributions over $500 in the last 14 days before an election.

State initiative law

Articles V and XXIV of the Oklahoma Constitution address initiatives.

• Article V, Oklahoma Constitution
• Article XXIV, Oklahoma Constitution

Title 34 of the Oklahoma Statutes governs initiatives.

• Oklahoma Statutes, Title 34

External links

• Oklahoma Secretary of State, "Brief of the Petition Process for State Questions"

• Oklahoma Secretary of State, "Proposed State Questions"

Changes in the law

The following laws have been proposed that modify ballot measure law in Oklahoma. If a box is empty for any given year, it means Ballotpedia did not track any ballot measure or recall-related laws in that year.

Proposed changes by year

2022

See also: Changes in 2022 to laws governing ballot measures

2021

See also: Changes in 2021 to laws governing ballot measures

Senate Bill 947: The bill required that initiative sponsors include a fiscal impact statement in a proposed ballot title when a proposed initiative will have a fiscal impact on the state. Under SB 947, the fiscal impact statement also needs to include information about potential funding sources, such as federal funding, legislative appropriation, or a new tax.

2020

See also: Changes in 2020 to laws governing ballot measures

House Bill 2871: The legislation allowed participants in the Address Confidentiality Program to use the address given to them by the Oklahoma Attorney General's Office to sign an initiative or referendum petition. House Bill 3826: The legislation required a signer's first and last names, zip code, house number, and month and day of the person's birth date on initiative petition sheets; required petition sheets to include the names, addresses, and signatures of three primary initiative sponsors; and provided that for a signature to be considered valid, three or more data points provided by the signer on the petition sheet must match their corresponding information in their voter registration record.

2019

See also: Changes in 2019 to laws governing ballot measures

House Bill 2119: As of 2019, the signature requirement for local initiatives and referendums in Oklahoma was equal to at least 25% of the total number of votes cast at the preceding general municipal election. HB 2119 clarified that this number is from the most recent preceding general municipal election and defined total number of votes cast as the sum of votes for the highest-ranking at-large municipal office on the ballot or, when such an office isn't on the ballot, the sum of votes cast for or against the municipal ballot measure receiving the largest total number of votes on a ballot.

2018

See also: Changes in 2018 to laws governing ballot measures

House Bill 2827: The legislation required that within 10 days after the attorney general reviews and files the ballot title for an initiative or referendum, the secretary of state must file the title with the State Election Board.

2017

See also: Changes in 2017 to laws governing ballot measures

See also: Laws governing ballot measures in Oklahoma d Oklahoma Senate Joint Resolution 18 was designed to amend the state constitution to decrease the signature requirement for initiatives and referendums in the following ways: decrease the requirement from 15 percent to 10 percent of votes cast for governor in the preceding gubernatorial election for initiated constitutional amendments; decrease from 8 percent to 2 percent of votes cast for governor in the preceding gubernatorial election for initiated state statutes; and decrease from 5 percent to 2 percent of votes cast for governor in the preceding gubernatorial election for veto referendums. d Oklahoma Senate Bill 459 was designed to change the requirements for the date set by the secretary of state on which circulation can begin for an initiative from between 15 and 30 days to between three and 10 days after appeals, protests, and the ballot title process is complete. d Oklahoma House Bill 1603 was designed to create the "Initiative Petition Requirements Act of 2017." Click the link for details. d Oklahoma Senate Joint Resolution 19 was designed to prevent the legislature from considering new laws and constitutional amendments during even-numbered legislative sessions except for legislation necessary for appropriations and revenue. This rule could have been overridden by a three-fourths vote in both chambers of the legislature under SJR 19.

2016

See also: Changes in 2016 to laws governing ballot measures

See also: Laws governing ballot measures in Oklahoma d Oklahoma House Bill 2587: "Initiative and referendum; eliminating Attorney General from ballot title review process; effective date." d Oklahoma Senate Bill 158: "Modifying procedures for circulation of petitions for signatures; stating time periods; requiring certain notifications;" d Oklahoma Senate Bill 566: "Modifying procedures for petition circulation; stating time period; requiring notification." d Oklahoma Senate Joint Resolution 13: "Constitutional amendment; modifying percentages of voters required to propose certain measures. Ballot title." Would decrease signature requirements. d Oklahoma House Bill 1159: "Initiative and referendum; modifying time limit for filing; effective date." d Oklahoma House Bill 1306: "Initiative and referendum; creating the Initiative and Referendum Reform Act; effective date." d Oklahoma House Bill 1307: "Initiative and referendum; creating the Initiative and Referendum Reform Act; effective date." d Oklahoma House Bill 1308: "Initiative and referendum; creating the Initiative and Referendum Reform Act; effective date." d Oklahoma House Bill 1309: "Initiative and referendum; creating the Initiative and Referendum Reform Act; effective date." d Oklahoma House Bill 1892: "Initiative and referendum; creating the Initiative and Referendum Reform Act; effective date." d Oklahoma House Bill 2201: "Initiative and referendum; creating the Initiative and Referendum Reform Act; effective date." d Oklahoma Senate Bill 158: "Initiative and referendum; modifying procedures for circulation of petitions; requiring notifications. Effective date." d Oklahoma House Bill 3055: "Providing for recall and removal of school district board of education members." d Oklahoma Senate Bill 1563: "Providing [for] municipal recall process" in cities and towns.

2015

See also: Changes in 2015 to laws governing ballot measures

See also: Laws governing ballot measures in Oklahoma a House Bill 1484: "Initiative and referendum; modifying filing of initiative and referendum petitions; repealing provision relating to circulation of petitions; effective date; emergency." a Senate Bill 809: 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. Senate Bill 158: "Modifying procedures for circulation of petitions for signatures; stating time periods; requiring certain notifications;" Senate Bill 566: "Modifying procedures for petition circulation; stating time period; requiring notification." Senate Joint Resolution 13: "Constitutional amendment; modifying percentages of voters required to propose certain measures. Ballot title." Would decrease signature requirements. House Bill 1159: "Initiative and referendum; modifying time limit for filing; effective date." House Bill 1306: "Initiative and referendum; creating the Initiative and Referendum Reform Act; effective date." House Bill 1307: "Initiative and referendum; creating the Initiative and Referendum Reform Act; effective date." House Bill 1308: "Initiative and referendum; creating the Initiative and Referendum Reform Act; effective date." House Bill 1309: "Initiative and referendum; creating the Initiative and Referendum Reform Act; effective date." House Bill 1892: "Initiative and referendum; creating the Initiative and Referendum Reform Act; effective date." House Bill 2201: "Initiative and referendum; creating the Initiative and Referendum Reform Act; effective date." Senate Bill 158: "Initiative and referendum; modifying procedures for circulation of petitions; requiring notifications. Effective date."

2014

See also: Changes in 2014 to laws governing ballot measures

The following bills were introduced in the Oklahoma State Legislature: d HB 1008: Provides for the recall of elected officers and details petitions to be used for recall efforts. d HB 1635: Provides for the recall of elected officers and details petitions to be used for recall efforts. d HB 1823: Placeholder for the Oklahoma Initiative and Referendum Act. d SB 1315: Changes the circulation period for petitions to be ninety days from the date provided by the secretary of state. The date must be between three and ten days after all litigation, protests and rehearings over the initiative are settled. The bill was vetoed by the governor.

2013

See also: Changes in 2013 to laws governing ballot measures

The following bills were introduced in the Oklahoma State Legislature: HB 1008: Provides for the recall of elected officers and details petitions to be used for recall efforts. HB 1635: Provides for the recall of elected officers and details petitions to be used for recall efforts. HB 1823: Placeholder for the Oklahoma Initiative and Referendum Act.

2012

See also: Changes in 2012 to laws governing ballot measures

The following bills were introduced in the Oklahoma State Legislature: d HJR 1068: Proposes a constitutional amendment to lower the signatures requirements for initiatives. Applies to constitutional amendments, statutory initiatives, and referendums.

2011

See also: Changes in 2011 to laws governing ballot measures

The following bills were introduced in the Oklahoma State Legislature: Oklahoma House Bill 1225: Bill description/summary: "HB 1225, as introduced, requires parties that submit an initiative petition or referendum that requires a funding source to also submit a statement outlining all sources of funding to be used in the measure to the Secretary of State and the Attorney General." a Oklahoma House Bill 1664 (2011): HB 1664 provides for the notification of initiative proponents regarding the title status of a ballot initiative. Citizens in Charge Foundation rating: Protects/expands initiative rights. Oklahoma House Bill 1718: HB 1718 proposes a range of amendments to Oklahoma's ballot measure statutes, specifically: "requiring gist statement to be submitted to Secretary of State; providing procedures for certain appeal to Supreme Court; prohibiting further challenge; modifying size of sheets for signatures on such petitions; modifying certain notarization and affidavit requirement; making language gender neutral; requiring publication of notice of filing and ballot title of petition; requiring notice of right to protest constitutionality and ballot title; specifying filing requirements and time for filing such protests; specifying certain duties of Secretary of State and Supreme Court; allowing for revival of protest; modifying time period for signed copies of petition to be filed; prohibiting petition blocking; defining term; providing for codification; and providing an effective date." Oklahoma Senate Joint Resolution 37: SJR 37 would introduce a geographic distribution requirement for Oklahoma. Currently, petitioners must gather signatures equaling 8% of the vote cast for governor in the last election. Under SJR 37, petitioners would have to collect signatures equaling 8% of the vote cast for governor in each congressional district. Thus, while the total requirement would remain unchanged, petitioners would have to collect a portion of those of signature from each congressional district. Citizens in Charge Foundation rating: Reduces initiative rights.

2010

See also: Changes in 2010 to laws governing ballot measures

The following bills were introduced in the Oklahoma Legislature: d HB 1452: Would create voter information pamphlets that would be distributed for statewide ballot measures. The measured died in committee without seeing a floor vote in either house of the legislature. d HB 2123: Would ban petition circulators from being paid per signature. The measured died in committee without seeing a floor vote in either house of the legislature.