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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1767 By: Roberts (Eric)
COMMITTEE SUBSTITUTE
An Act relating to initiative and referendum;
amending 34 O.S. 2011, Section 9, as last amended by
Section 1, Chapter 281, O.S.L. 2018 (34 O.S. Supp.
2020, Section 9), which relates to ballot titles;
modifying certain ballot title requirements;
requiring certain ballot titles contain wording
descriptive of increased funding requirements; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 34 O.S. 2011, Section 9, as last
amended by Section 1, Chapter 281, O.S.L. 2018 (34 O.S. Supp. 2020,
Section 9), is amended to read as follows:
Section 9. A. When a referendum is ordered by petition of the
people against any measure passed by the Legislature or when any
measure is proposed by initiative petition, whether as an amendment
to the Constitution or as a statute, it shall be the duty of the
parties submitting the measure to prepare and file one copy of the
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measure with the Secretary of State and one copy with the Attorney
General.
B. The parties submitting the measure shall also submit a
suggested ballot title to the Secretary of State which shall be
filed on a separate sheet of paper and shall not be part of or
printed on the petition. The suggested ballot title:
1. Shall not exceed two hundred words or three hundred words if
the proposed measure will have a fiscal impact on the state ;
2. Shall explain in basic words, which can be easily found in
dictionaries of general usage, the effect of the proposition;
3. Shall not contain any words which have a special meanin g for
a particular profession or trade not commonly known to the citizens
of this state;
4. Shall not reflect partiality in its composition or contain
any argument for or against the measure;
5. Shall contain language which clearly states that a "yes"
vote is a vote in favor of the proposition and a "no" vote is a vote
against the proposition; and
6. Shall not contain language whereby a "yes" vote is, in fact,
a vote against the proposition and a "no" vote is, in fact, a vote
in favor of the proposition ; and
7. Shall contain the language required by subsection E of this
section if applicable .
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C. When a measure is proposed as a constitutional amendment by
the Legislature or when the Legislature proposes a statute
conditioned upon approval by the people:
1. After final passage of a measure, the Secretary of State
shall submit the proposed ballot title to the Attorney General for
review as to legal correctness. Within five (5) business days after
receipt from the Secretary of State, the Attorney General s hall, in
writing, notify the Secretary of State, the President Pro Tempore of
the Senate, the Speaker of the House of Representatives and the
principal authors of the bill whether or not the proposed ballot
title complies with applicable laws. The Attorne y General shall
state with specificity any and all defects found and, if necessary,
within ten (10) business days of determining that the proposed
ballot title is defective, prepare a preliminary ballot title which
complies with the law and furnish a copy of such ballot title to the
Secretary of State, the President Pro Tempore of the Senate, the
Speaker of the House of Representatives and the principal authors of
the bill. The Attorney General may consider any comments made by
the President Pro Tempore of the Senate or the Speaker of the House
of Representatives submitted within five (5) business days of their
being furnished a copy of the preliminary ballot title. The
Attorney General shall respond in writing to the comments and shall
file a final ballot title with the Secretary of State no later than
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fifteen (15) business days after furnishing the preliminary ballot
title; and
2. After receipt of the measure and the official ballot title,
as certified by the Attorney General, the Secretary of State shal l
within five (5) days transmit to the Secretary of the State Election
Board an attested copy of the measure, including the official ballot
title.
D. The following procedure shall apply to ballot titles of
referendums ordered by a petition of the people o r any measure
proposed by an initiative petition:
1. After the filing of the signed referendum petitions or the
signed initiative petitions, the Secretary of State shall submit the
proposed separate ballot title to the Attorney General for review as
to legal correctness. Within five (5) business days after the
receipt of the ballot title, the Attorney General shall, in writing,
notify the Secretary of State whether or not the proposed ballot
title complies with applicable laws. The Attorney General shall
state with specificity any and all defects found and, if necessary,
within ten (10) business days of determining that the proposed
ballot title is defective, prepare and file a ballot title which
complies with the law; and
2. Within ten (10) business day s after completion of the review
and, if necessary, the filing of a ballot title in compliance with
law, by the Attorney General, the Secretary of State shall, if no
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appeal is filed, transmit to the Secretary of the State Election
Board an attested copy of the measure, including the official ballot
title, and a certification that the requirements of this section
have been met. If an appeal is taken from such ballot title within
the time specified in Section 10 of this title, then the Secretary
of State shall certify to the Secretary of the State Election Board
the ballot title which is finally approved by the Supreme Court.
E. Any question to be submitted to a vote of the people,
whether pursuant to an initiative petition, a referendum petition
with respect to an enacted statute, or pursuant to a referred
measure by the Legislature, that would have the effect of increasing
the funding requirements of any department of state government,
including the legislative, the executive or judicial departments, or
any combination of such departments, shall contain a clear
statement, in language understandable by a reasonable person, that
if the proposal is approved, additional funding would be required by
the applicable department or departments of state government.
SECTION 2. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON ELECTIONS AND ETHICS, dated
02/17/2021 - DO PASS, As Amended.