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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 506 By: Paxton
AS INTRODUCED
An Act relating to initiative and referendum;
amending 34 O.S. 2011, Section 8, as las t amended by
Section 8, Chapter 125, O.S.L. 20 20 (34 O.S. Supp.
2020, Section 8), which relates to proposed petition
and protest; increasing time limitation for filing
certain protest or o bjection; and providing 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 purpose
of invoking a referendum upon legislative enactments, such citizen
or citizens shall, when such petition is prepared, and before the
same is circulated or signed by electors, file a true and exact copy
of same in the office of the Secretary of State and shall at the
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same time file a separate ballot title, which shall not be part of
or printed on the petition.
B. It shall be the dut y of the Secretary of State to cause to
be published, in at l east one newspaper of general circulation in
the state, a notice of such filing and the apparent sufficiency or
insufficiency of the petition, a nd shall 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 protest must be fil ed within ten (10) twenty
(20) 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) business day s
thereafter, at which time it will hear testimony and arguments for
and against the sufficiency of such petitio n.
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 hearing the Supreme Court shall d ecide
whether such petition is in the form required by the st atutes. If
the Court is at the time adjourned, the Chief Justice shall
immediately convene the same for such hearing. No objection to the
sufficiency shall be considered unless it has been made and filed as
herein provided.
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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 r ehearings 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 signatures are due within
ninety (90) days of the date set. Each elector shall sign hi s or
her name and legibly print his or her name, birth date a nd address
associated with his or her Oklahoma voter registration record. Any
petition not filed in accordance with this provision shall not be
considered. The proponents of an initiative petit ion, any time
before the final submission of signatures, may withdraw the
initiative petition upon written notification to the Secretary of
State.
F. Signature-gathering Deadline for Referendum Petitions. All
signed signatures supporting a referendum pet ition shall be filed
with the Secretary of State not later th an ninety (90) days after
the adjournment of the legislative session in which the measure,
which is the subject of the referendum petition, was enacted.
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G. The proponents of a referendum or an i nitiative petition may
terminate the circulation period any t ime during the ninet y-day
circulation period by certifying to the Secretary of State that:
1. All signed petitions have already been filed 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 State shall begin the counting an d
review process.
H. When the signed copies of a p etition pamphlet are timely
filed, the Secretary of State sha ll 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 petition pamphlets, the Secretary of
State shall certify to the Supreme Court of the state:
1. The total number of signa tures counted pursua nt to
procedures set forth in this title; and
2. The total number of votes cast for the state office
receiving the highest number of votes cast at the last general
election.
The Supreme Court shall make the determination of the numeric al
sufficiency or insufficiency of the signatures counted and reviewed
by the Secretary of State.
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I. Upon order of the Supreme Court it shall b e the duty of the
Secretary of State to forthwith c ause to be published, in at least
one newspaper of general ci rculation in the sta te, a notice of the
filing of the signed petitions and the apparent sufficiency or
insufficiency thereof, and shall also pub lish the text of the ballot
title as reviewed and a pproved 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 object ion to the count made 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) twenty (20) business days after
publication 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 ordere d or directed by the Supreme Court,
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 the objection with
dispatch. The Supreme Court shall adopt rules to gov ern proceedings
to apply to the challenge of a measure on the grounds that the
proponents failed to gather sufficient signatures.
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L. If in the opinion of the Supreme Court, any objection to the
count or protest to the petition is frivolous, the Court may impose
appropriate sanctions , including an award of costs and attorneys
attorney fees to either party as the Court deems equitable.
M. Whenever reference is made in this act to the Supreme Court,
such reference shall include the members of the Supreme Cou rt or any
officer constitutionally designated to perform the duties he rein
prescribed.
SECTION 2. This act shall become effective No vember 1, 2021.
58-1-964 TEK 1/20/2021 9:57:01 AM