Initiative and referendum; requiring filing of criminal history investigation by certain persons. Effective date.
Impact
If enacted, the bill will amend Section 8 of Title 34 of the Oklahoma Statutes, which outlines the procedures for citizens wishing to initiate legislation or amendments through petitions. One significant change is the establishment of a waiting period of 15 to 30 days post-filing before petition circulation can begin, allowing time for potential protests to be resolved. These changes could streamline the process for starting initiatives while simultaneously placing more responsibility on the individuals involved in gathering signatures, potentially deterring those with questionable backgrounds from participating.
Summary
Senate Bill 917 aims to amend existing laws regarding the initiative and referendum process in Oklahoma. Specifically, it introduces a requirement for individuals responsible for collecting signatures on initiative petitions to have a criminal history investigation conducted by the Oklahoma State Bureau of Investigation (OSBI). This addition aims to increase the security and integrity of the signature-gathering process by ensuring that those involved have a clean criminal record. The bill emphasizes procedural clarity by detailing how petitions are to be filed and how challenges to their sufficiency can be made.
Contention
Notably, there may be contention surrounding the implementation of background checks as it introduces an additional barrier for grassroots movements and community organizations that seek to engage the public in initiating legislation. Critics might argue that this could disproportionately affect marginalized individuals or groups who may not have the resources to meet these new requirements. Additionally, the increased involvement of the Supreme Court in resolving disputes over the sufficiency of signatures and the constitutionality of petitions could lead to legal challenges that slow down the initiative process.
Judicial oversight
The bill also establishes a clear mechanism for judicial review, where citizens can file objections related to the constitutionality or sufficiency of petitions within a specified timeframe. This could be seen as a necessary step to maintain legal integrity and public trust in the referendum process, but it may also invite further litigation and complicate the timely execution of citizen-led initiatives.
Initiative and referendum; modifying certain filing requirements; requiring certain publication and notice; increasing certain time period for protest or objection. Emergency.