State Democracy Research Initiative
University of Wisconsin Law School

OKLAHOMA

Posted on

Oklahoma has statutory and constitutional initiatives, veto referendums, and legislatively referred amendments. The timing of an election may depend on the type of ballot measure. An initiative or veto referendum is submitted to voters at the next statewide election (which need not be a general election) unless the Governor calls a special election. A legislatively referred amendment is submitted at the next general election unless a special election is called by a 2/3 supermajority of the legislature. Oklahoma statutes provide detailed guidance regarding the content of ballots and the procedures by which these contents are compiled; these procedures vary depending on whether the measure is initiated by voters or referred by the legislature. Oklahoma law allows for judicial review of the ballot title or petition for initiatives or veto referendums, but explicitly bars judicial review of legislatively referred amendments.

BACKGROUND INFORMATION

What forms of direct democracy are available, and when?

Oklahoma has statutory and constitutional initiatives, veto referendums, as well as legislatively referred amendments.

√ Initiatives – Statutory

√ Initiatives – Constitutional

The people of Oklahoma have reserved the initiative power to propose and enact laws and/or constitutional amendments independently of the legislature. Okla. Const. art. V, §§ 1–2, art. XXIV, § 3.

√ Veto Referendums

Oklahomans have the referendum power to require that any act passed by the legislature, or any part thereof, be put to a popular vote, except for laws passed for the immediate preservation of public peace, health, or safety. See Okla. Const. art. V, §§ 1–2, 4.

In addition to veto referendums, which are initiated via voter petition, the Oklahoma Constitution also authorizes the state legislature to itself refer an act to the people. See Okla. Const. art. V, § 2.

√ Legislatively Referred Amendments

An amendment to the state constitution proposed by the legislature must be approved by Oklahoma voters. See Okla. Const. art. XXIV, § 1.

Election Timing

The timing of an election may depend on the type of ballot measure. An initiative or veto referendum is submitted to voters at the next statewide election (which need not be a general election) unless a special election is called by the Governor. A legislatively referred amendment is submitted at the next general election unless a special election is called by a 2/3 supermajority of the legislature.

  • An initiative or veto referendum is submitted to voters at the next regular, statewide election after a petition is filed, unless a special election is called by the Governor. Okla. Stat. tit. 34, § 25; [1] see also Const. art. V, § 3. The Governor may designate that a primary election serves as said special election. See Okla. Stat. tit. 34, § 25.
  • A legislatively referred amendment is submitted to voters after it is approved by a majority of all members elected to each legislative house. Okla. Const., art. XXIV, § 1. It is then submitted to voters at the next regular, general election, unless a 2/3 supermajority of the legislature orders a special election. See id.

BALLOT PREPARATION

What is included on the ballot, and who prepares it?

The ballot for a statewide ballot measure in Oklahoma must display the following information. See Okla. Stat. tit. 34, § 9.

  • Ballot title (consisting of 200 words or less if the measure would not have a fiscal impact, and 300 words or less if it would). See § 9(B)(1).
    • The ballot title must explain the effect of the proposition in basic words that can easily be found in dictionaries of general usage. § 9(B)(2). The ballot title must not contain any words with a special meaning that is not commonly known. Id. § 9(B)(3).
    • The ballot title must indicate if the measure will have a fiscal impact on the state and if so, indicate the potential source of funding (included but not limited to federal funding, a tax increase of some kind, and/or elimination of existing services). See id. 9(B)(7).
    • The ballot title must be impartial and must not contain any argument for or against the measure. See id 9(B)(4). It must also be written such that a “yes” vote is in favor of the measure. See id. § 9(B)(5)-(6).
    • The process for establishing a ballot title varies depending on whether the measure is initiated via voter petition or referred by the legislature.
      • For an initiative or veto referendum, the measure’s sponsors file a suggested ballot title with the Secretary of State. § 9(B). The Attorney General reviews this proposed title for legal correctness. Id. § 9(D)(1). Within five business days, the Attorney General must notify the Secretary of State whether the proposed title is compliant, stating any defects with specificity. See id. If the Attorney General finds the proposed title to be defective, she then has ten business days to prepare a new, compliant ballot title. See id.
      • For a legislatively referred amendment, the Secretary of State prepares a proposed ballot title, which is submitted to the Attorney General to review for legal correctness. Okla. Stat. tit. 34, § 9(C)(1). Within five business days, the Attorney General must notify the Secretary of State as well as the Senate President Pro Tempore, Speaker of the House of Representatives, and the bill’s principal authors as to whether the proposed ballot title is compliant, stating any defects with specificity. See id. If defective, the Attorney General then has ten business days to prepare a preliminary ballot title, which is shared with the same group of officials. The Attorney General may consider comments of the Senate President Pro Tempore or the Speaker of the House of Representatives made within five business days and must respond to any such comments in writing. See id. The Attorney General must furnish a final ballot title to the Secretary of State within 15 business days after providing the preliminary ballot title. See id.

INFORMATION TO VOTERS

What information is provided to voters before the election, and how?

Publication

For any statewide ballot measure, the Secretary of State must make a publication at least five business days before the applicable election, in two statewide newspapers as well as one newspaper of general circulation in each county. See Okla. Stat. tit. 34, § 17. The publication must include the ballot language, as well as an explanation of how to vote for and against the measure. See id. In the event of a failure to publish, any elector may petition the district court for a writ of mandamus to require publication. See Id. § 18.

  • Additionally, for an initiative or veto referendum, the following additional publications are also required.
    • After a proposed petition is filed for the first time, before it is circulated for signatures, the Secretary of State must make a publication in at least one statewide newspaper. See Stat. tit. 34, § 8(B). This publication must indicate the apparent sufficiency or insufficiency of the petition and must also provide notice that any citizen may file a protest as to the petition’s constitutionality with the Oklahoma Supreme Court within ten business days. See id. § 8(B)-(C).
    • After signed copies of the petition are timely filed, upon order of the Oklahoma Supreme Court, the Secretary of State must publish in at least one statewide newspaper a notice that signed petitions were filed and the apparent sufficiency or insufficiency thereof, as well as the text of the ballot title approved or rewritten by the Attorney General. See id. 8(I). This publication must also provide notice that any citizen may file an objection to the Secretary of State’s signature count within ten business days. See id.

Voter Information Pamphlet

X Oklahoma law does not require a state voter information pamphlet about ballot measures.

JUDICIAL REVIEW

When and how can the court step in?

The extent of judicial review depends on whether the measure is an initiative or veto referendum or a legislatively referred amendment. With respect to an initiative or veto referendum, Oklahoma law allows for judicial review of the ballot title or petition. However, state statutes expressly bar judicial review of ballot contents pertaining to a legislatively referred amendment.

  • With respect to an initiative or veto referendum, any person who is dissatisfied with the wording of a ballot title may file a petition appealing the title, along with a proposed substitute title, to the Oklahoma Supreme Court within ten business days of the Secretary of State’s publication of the ballot title notice pursuant to Oklahoma Statute title 34, § 8(I). See Stat. tit. 34, §§ 10-11.  After hearing such an appeal, the court may amend the ballot title, accept the substitute, or draft a completely new title. See id. § 10(A).

Sample case: OCPA Impact, Inc. v. Sheehan, 377 P.3d 138, 143 (Okla. 2016) (finding the ballot title was misleading and failed to refrain from partiality, and drafting a completely new title, holding “[t]he test is whether it is written so that voters are afforded an opportunity to fairly express their will and whether it apprises voters with substantial accuracy what they are asked to approve”).

In addition, even before an initiative or veto referendum petition is circulated for signatures, any elector may file a protest as to its legal sufficiency with the Oklahoma Supreme Court within ten business days of the petition notice being published in a statewide newspaper for the first time. See Okla. Stat. tit. 34, § 8(B)-(D). Thus, electors may challenge the sufficiency of the summary or “gist” of the measure that is required to appear on the voter petition circulated for signatures. See id. § 3; see also Oklahoma’s Children, Our Future, Inc. V. Coburn, 421 P.3d 867 (Okla. 2018) (holding the “gist” statement required to appear on the petition was legally insufficient).

  • With respect to a legislatively referred amendment, Oklahoma statutes make clear that no ballot title appeal is allowed. See Stat. tit. 34, § 10(B).

[1] Title 34 of the Oklahoma Statutes can be found online. See Oklahoma Senate, Oklahoma Statutes Title 34. Initiative and Referendum, https://oksenate.gov/sites/default/files/2019-12/os34.pdf (last accessed Oct. 29, 2023).