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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 1011 By: Paxton
AS INTRODUCED
An Act relating to initiative and referendum;
amending 34 O.S. 2011, Sec tion 8, as last amended by
Section 8, Chapter 125, O.S.L. 2020 (34 O.S. Supp.
2020, Section 8), which relates to filing of proposed
petition; imposing filing fee for certain petitions;
providing for reimbursement of filing fee un der
certain circumstances; and provi ding an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 34 O.S. 2011, Section 8, as last
amended by Section 8, Chapter 125, O.S.L. 2020 (34 O.S. Supp. 2020,
Section 8), is amended to read as follows:
Section 8. A. When a citizen or citizens desire to circulate a
petition initiating a proposition of any nature, whether to become a
statute law or an amendment to the Constitution, or for the pu rpose
of invoking a referendum upon legis lative enactments, such c itizen
or citizens shall, when such petition is prepared, and before the
same is circulated or signed by electors, file a true and exact c opy
of same in the office of the Secretary of State and shall at the
same time file a separat e ballot title, which sha ll not be part of
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or printed on the petition. The Secretary of State shall charge and
collect a filing fee of One Thousand Dollars ($1,000.00); provided,
the total fee shall be reimburs ed upon qualification of the proposed
petition to be placed on a ballot pursuant to the require ments of
this title.
B. It shall be the duty of the Secretary of State to cause to
be published, in at least one newspaper of general circulation in
the state, a notice of such filing and the apparent suff iciency or
insufficiency of the petition, and shal l include notice that any
citizen or citizens of the state may file a protest as to the
constitutionality of the petition, by a written notice to the
Supreme Court and to the proponent or proponents filing the
petition. Any such p rotest must be filed with in ten (10) business
days after publication. A copy of the protest shall be filed with
the Secretary of State.
C. Upon the filing of a protest to the petition, the Supreme
Court shall then fix a day, not less than ten (10) busine ss days
thereafter, at which time it will hear testimony and arguments for
and against the sufficiency of such petition.
D. A protest filed by anyone hereunder may, if abandoned by the
party filing same, be revived within five (5) business days by any
other citizen. After such h earing the Supreme Court shall decide
whether such petition is in the form required by the statutes. If
the Court is at the time adjourned, the Chief Justice shall
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immediately convene the same for such hea ring. No objection to th e
sufficiency shall be co nsidered unless it has been made and filed as
herein provided.
E. Signature-gathering Deadline for Initiative Pe titions. When
an initiative petition has been filed in the office of the Secretary
of State and all appeals, protests and rehearings have been resolved
or the period for such has expired, the Secretary of State shall set
the date for circulation of signat ures for the petition to begin but
in no event shall the date be less than fifteen (15) days nor more
than thirty (30) days from the date when all appeals, protests and
rehearings have been resolved or have expired. Notification shall
be sent to the propo nents specifying the date on which circulation
of the petition shall begin and that the signa tures are due within
ninety (90) days of the date set. Each elector shall sign his or
her name and legibly print his or her name, birth date and address
associated with his or her Oklahoma voter registration record . Any
petition not filed in accordance w ith this provision shall not be
considered. The proponents of an initiative petition, any time
before the final submission of signatures, may withdraw the
initiative petition upon written notification to the Secret ary of
State.
F. Signature-gathering Deadline for Referendum Peti tions. All
signed signatures supporting a referendum petition shall be filed
with the Secretary of State not later than ninety (90) days after
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the adjournment of the legislative session in which the measure,
which is the subject o f the referendum petition , was enacted.
G. The proponents of a referendum or an initiative petition may
terminate the circulation period any time during the ninet y-day
circulation period by certifying to the Secret ary of State that:
1. All signed petitio ns have already been file d with the
Secretary of State;
2. No more petitions are in circulation; and
3. The proponents will not circulate any more petitions.
If the Secretary of State receives such a certification from the
proponents, the Secretary of St ate shall begin the count ing and
review process.
H. When the signed copies of a petition pamphlet are timely
filed, the Secretary of State shall file a copy of th e proponent’s
ballot title with the Attorney General and, after conducting a count
and review of the filed, signed pet ition pamphlets, the Secr etary of
State shall certify to the Supreme Court of the state:
1. The total number of signatures counted pursua nt to
procedures set forth in this title; and
2. The total number of votes cast for the stat e office
receiving the highest number of votes cas t at the last general
election.
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The Supreme Court shall make the determination of the numerical
sufficiency or insufficiency of the signatures counted and reviewed
by the Secretary of State.
I. Upon order of the Supreme Court it s hall be the duty of the
Secretary of State to forthwith cause to be published, in at least
one newspaper of general circulation in the sta te, a notice of the
filing of the signed petitions a nd the apparent sufficiency or
insufficiency thereof, and shall al so publish the text of th e ballot
title as reviewed and approved or, if applicable, as rewritten by
the Attorney General pursuant to the p rovisions of subsection D of
Section 9 of this title and notice that any citizen or citizens of
the state may file an objection to the count ma de by the Secretary
of State, by a written notice to the Supreme Court and to the
proponent or proponents filing the petition. Any such objection
must be filed within ten (10) business days after publicati on and
must relate only to the validity or number of the signatures or a
challenge to the ballot title. A copy of the objection to the count
or ballot title shall be filed with the Supreme Court, the Attorney
General and the Secretary of State.
J. Upon appeal and if ordered or d irected by the Supreme Co urt,
the Secretary of State shall deliver the bound volumes of signatures
to the Supreme Court.
K. Upon the filing of an objection to the signature count or
ballot title, the Supreme Court shall resolve th e objection with
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dispatch. The Supreme Court shal l adopt rules to govern proceedings
to apply to the challenge of a measure on the grounds that the
proponents failed to gather sufficient signatures.
L. If in the opinion of the Supreme Court, any objectio n to the
count or protest to the petition is frivo lous, the Court may impose
appropriate sanctions, including an award of costs and attorneys
fees to either party as the Court deems equitable.
M. Whenever reference is made in this act to the Supreme Court ,
such reference shall in clude the members of the Supreme Court or any
officer constitutionally designated to perform the duties herein
prescribed.
SECTION 2. This act shall become effective Novembe r 1, 2021.
58-1-966 TEK 1/21/2021 9:10:42 PM