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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE JOINT
RESOLUTION 15 By: Dahm
AS INTRODUCED
A Joint Resolution calling a Constitutional
Convention to alter, revise , or amend the present
Constitution of the State of Oklahoma or to propose a
new Constitution; fixing the time and place thereof;
providing for selection of delegates to the
Convention; providing requirements and restrict ions
for eligibility; creating a Constit utional Convention
Commission; stating purpose ; providing for
composition; providing for election of officers and
organization of the Constitutional Convention;
providing oath of office; providing for recall and
penalty for violation of oath; providing for
employment of staff; requiring staff of Senate and
House of Representatives to provide assistance;
providing for rules of procedure ; requiring quorum to
transact business; requiring a simple majori ty for
adoption of measures; prohibiting consideration of
certain provisions of the Co nstitution; providing for
working draft to be considered by the Constitutional
Convention; providing voting requir ements for certain
actions; providing date of adjourn ment; providing for
compensation of delegat es; providing for payment of
expenses of the Convention; subjecting delegates to
certain rules and laws; providing for submission of
constitutional changes to the voters of the state;
providing for submission of this joint resolution to
a vote of the people; ordering a special election;
providing ballot title; and directing filing.
WHEREAS, Section 2 of Article XXIV of the Oklahoma Constitution
requires that a proposal to hold a Constitutional Convention sh all
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be submitted to a vote of the peop le at least once every twenty (20)
years; and
WHEREAS, the last proposal providing for a Consti tutional
Convention was submitted to a vote of the people March 17, 1970; and
WHEREAS, a State Question to eliminate the re quirement that a
Constitutional Conven tion proposal be submitted to the people every
twenty (20) years was defeated at the General El ection held November
8, 1994; and
WHEREAS, the original Constitutional Convention was comprised of
one hundred twelve membe rs, with fifty-five delegates from Ind ian
Territory, fifty-five delegates from Oklaho ma Territory, and two
members from Osage tribal land; and
WHEREAS, it is incumbent upon the Legislature to enact a law
providing for a Constitutional Convention and to sub mit the law to a
vote of the people.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE AND THE HOUSE OF
REPRESENTATIVES OF THE 1ST SESSION OF THE 59TH OKLAHOMA LEGISLATURE:
SECTION 1. There is hereby called a Constitutional Convention
for the purpose of altering, revising, or amending the current
Constitution, or to propose a ne w Constitution for this state, to be
submitted to the people for their approval or rejection.
SECTION 2. The Constitutional Convention shall co nvene at
twelve o’clock noon, July 12, 2024, in Oklahoma City at the State
Capitol.
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SECTION 3. A. Delegates shall be chosen as follows:
1. There shall be sixty-eight delegates selected from the
Legislature: forty-eight delegates shall be members of the House of
Representatives, and twenty delegates shall be members of the
Senate. There shall be two members of the Senate from each election
class and four members of the House of Represen tatives from each
election class. The composition of delegates shall reflect the
party affiliation of the Senate and House of Representatives at time
of passage. Thirty-four members shall reside west of Interstate 35
and thirty-four members shall reside east of I nterstate 35. For
purposes of this paragrap h, if Interstate 35 passes through the
district of a legislator, th e entire district shall be considered to
be west of Interstate 35;
2. Twelve delegates shall be selected by lot pursuant to
subsection D of this section from the Executive Department of
government agencies, boards, and commissions within this state;
provided, none shall be statewide elected officials. Six of the
Executive Department delegates shall resid e west of Interstate 35
and six of the Executive Department delegates shall reside east of
Interstate 35. For purposes of thi s paragraph, if Interstate 35
passes through a county, other than Payne County, the entire county
shall be considered to be west of Interstate 35;
3. Six delegates shall be selected by lot pursuant to
subsection D of this section from the Judicial Departm ent of
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government within thi s state; provided, none shall be justices or
judges subject to statewide retention ballot. Three of the judicial
delegates shall reside west of Interstate 35 and three of the
judicial delegates shall reside east of Interstate 35. For purposes
of this paragraph, if Interstate 35 passes through a county, ot her
than Payne County, the entire county shall be considered to be west
of Interstate 35; and
4. Twenty delegates from the public at larg e shall be selected
by lot, pursuant to subsection D of this section. No at-large
delegate shall be a statewide elect ed official. Nine of the at-
large delegates shall reside west of Interstate 35, nine of the at-
large delegates shall reside east of Interstate 35, and two of the
at-large delegates shall be from Osage tribal land. Two of the at-
large delegates shall be enrolled students from the two
comprehensive state univ ersities. The delegate from the University
of Oklahoma shall be one of the nine delegates from west of
Interstate 35 and the delegate from Oklahoma State University shall
be one of the nine delegates from east of Interstate 35. For
purposes of this paragraph, if Interstate 35 passes through a
county, other than Payne County, the entire county shall be
considered to be west o f Interstate 35.
B. An individual shall be eligible to serve as a delegate if
the individual is at least twenty -one (21) years of age and is a
qualified elector.
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C. Except as provided in paragraph 5 of subsection D of this
section, an individual shall be eligible for consideratio n for
selection as a delegate pursuant to only one of the categories
provided for in subsect ion A of this section.
D. Delegates selected by lot shall be chosen pursuant to the
following procedure:
1. Members of the House of R epresentatives who wish to se rve as
delegates to the Constitutional Convention sha ll submit their names
to the Speaker of the House of Rep resentatives. From the list of
names submitted, the Speaker of the House of Representatives shall
select two delegates and the Minority Leader of the House of
Representatives shall select two delegat es. Names shall be drawn by
lot according to procedures established by the Constitutional
Convention Commission to select the re mainder of the delegates from
the House of Representatives. If an insuffi cient number of
Representatives meeting the qualifica tions required by paragraph 1
of subsection A of this section submit th eir names for
consideration, the Constitutional Convention Commission shall
provide for selection of the balance of membership from the
membership of the House of Representatives or for mer members of the
House of Representatives, subject to the qualificati ons provided for
in paragraph 1 of subsection A of this se ction;
2. Members of the Senate who wish to s erve as delegates to the
Constitutional Convention shall submit their names to th e President
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Pro Tempore of the Senate. From the list of names submitte d, the
President Pro Tempore of the Senate shall select tw o delegates and
the Minority Leader of the Sen ate shall select two delegat es. Names
shall be drawn by lot according to procedu res established by the
Constitutional Convention Commission to select t he remainder of the
delegates from the Senate. If an insu fficient number of Senators
meeting the qualifications required by paragra ph 1 of subsection A
of this section submit their nam es for consideration, the
Constitutional Convention Commission shall pr ovide for selection of
the balance of membership from the membership of the Senate or
former members of the Senate, subject to the q ualifications provided
for in paragraph 1 of subsecti on A of this section;
3. Members of Executive Department agencies, boa rds, and
commissions who wish to serve as delegates to the Constitutional
Convention shall submit their n ames to the Governor. Name s shall be
drawn by lot according to procedures estab lished by the
Constitutional Convention Commission. If an insufficient number of
individuals from the Executive Department of gov ernment meeting the
qualifications required by paragraph 2 of subsection A of this
section submit their names for consideratio n, the Constitutional
Convention Commission shall provide for selection of the balance of
membership from within the Executive Dep artment or from former
officers or employees f rom the Executive Departmen t;
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4. Members of the Judicial Department who wish to serve as
delegates to the Constitutional Convention shall submit their names
to the Chief Justice of the Oklahoma Supreme Court. Names shall be
drawn by lot according to proc edures established by the
Constitutional Convention Commission. If an insuffici ent number of
individuals from the Judicial Department of government mee ting the
qualifications required by paragraph 3 of subsect ion A of this
section submit their names for c onsideration, the Constitut ional
Convention Commission shall provide for selecti on of the balance of
membership from within the Judicial Department or f rom former
justices or judges from the Judicial Department ; and
5. Members of the public at large shall submit their names to
the Lieutenant Governor. Names shall be drawn by lot acc ording to
procedures established by the Constitutional Convention Commis sion.
If an insufficient number of individuals meeting th e qualifications
required by paragraph 4 of subsection A of this section submit their
names for consideration, the Constitutio nal Convention Commission
shall provide for selection of the balance of membershi p from
persons who have submitted their names pursuant to paragraphs 1
through 4 of this subsection.
E. Persons wishing to serve as delegates shall submit their
applications by February 1, 2024. By February 15, 2024, the persons
to whom the applications have been submitted sha ll forward the
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applications to the Constitutional Convention Commission. Delegat es
shall be selected by March 1, 2024.
F. There is hereby created a Co nstitutional Convention
Commission. The purpose of the Commission is to develop the form to
be used for application to serve as a delegate , establish the
procedure for drawing names by lot, supervise the selection process
for delegates to the Constitution al Convention, and provide lists of
alternates to serve in case of a vacancy. Th e Constitutional
Convention Commission shall be composed o f the Governor or a
designee, the Chief Justice of the Supreme Court or a designee, the
Speaker of the House of Repre sentatives or a designee, the President
Pro Tempore of the Senate or a designee, a member of the House of
Representatives appointed by the Speaker of the House of
Representatives, and a member of the Senate appointed by the
President Pro Tempore of the Sen ate. The Commission members shall
select the chair and vice chair from the Commission membership. The
Commission shall conduct public hearings prior to the delegate
selection process to gather input from the public for issues to be
addressed by the Const itutional Convention.
SECTION 4. A. The Secretary of State shall call the
Constitutional Convention to order and preside until one of the
delegates is chosen President of the Constitutional Convention by
vote of the Convention.
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B. Prior to the selection of a President, the delegates shall
take the following oath to support the Constitution of the United
States and to faithfully discharge the ir duties as delegates:
“I do solemnly swear or affirm that to the best of my abilities,
I will, as a delegate to the Constitutional Convention, uphold the
Constitution and laws of the United States of America and the State
of Oklahoma. I will not v ote to allow consideration of or to
approve any unauthorized amendment proposed for ratification to the
Oklahoma Constitution.”
Any delegate who violates the oath contained in this subsection
shall be recalled and replaced by the appointing authority and, upon
conviction, shall be gui lty of a misdemeanor.
C. The Convention may employ staff necessary to assis t the
delegates in performing their duties. The staff of the Senate and
House of Representatives shall provide additional assistance as
called upon by the President.
D. After choosing a President, the Convention shall organize
itself and select such other officers as it dee ms necessary.
E. The Convention may establish rul es for the Convention. Any
parliamentary question n ot provided for by the Oklaho ma Constitution
or the rules of the Constitutional Convention shall be governed by
Mason’s Manual of Legislative Procedure.
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F. A simple majority of t he delegates shall consti tute a quorum
to transact business. A simple majori ty of the delegates shall be
necessary for the adoption of any m easure.
G. The original Constitution and all ame ndments added by the
initiative petition process or the legislative referendum process by
July 12, 2024, shall be the working draft for conside ration by the
Constitutional Convention. No article of the Cons titution shall be
reviewed by the Convention for possible alterations, revisions, or
amendments, unless t he motion to do so receives the appr oval of two-
thirds (2/3) of the delegates. Thereaft er, any proposed alteration,
revision, or amendment to an artic le shall require a simple majority
for adoption. To reverse any previous action taken by the
Convention pertaining to an alteration, revision , or amendment, two-
thirds (2/3) of the delegates mus t approve the motion.
SECTION 5. The Constitutional Convention shall adjourn sine die
no later than June 30, 2025.
SECTION 6. The delegates to the Constitutional Conventi on shall
receive no compensation but shall receive r eimbursement for mileage
and per diem as provided in the Stat e Travel Reimbursement Act for
the time that the Constitutional Convention is in session up to a
maximum of ninety (90) days.
SECTION 7. All expenses incurred by the Constitution al
Convention acting within t he scope of authority as provide d for in
this resolution and all expenses of holdi ng the election for
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adoption or rejection of any alterat ion, revision, or amendment of
the current Constitution or proposed new Constitution shall be paid
for by the state; an d it is made the express duty o f the Legislature
to provide for payment of the ex penses.
SECTION 8. The delegates shall be subject to all rules and
regulations promulgated by the Ethics Commission and all state and
federal laws to which le gislators are subject.
SECTION 9. Any alteration, revision , or amendment of the
current Constitution or new Constitution proposed by the
Constitutional Convent ion shall be submitted to the electors of the
state for adoption or rejection at the General Election to be hel d
in 2028.
SECTION 10. A special election is hereby ordered to be held
throughout this state on or before November 9, 2023, at which time
the proposed Constitutional Convention, as set forth in SECTION 1 of
this resolution, shall be su bmitted to the people of Oklahoma for
their approval or rejection as and in the manner provided by law.
SECTION 11. The Ballot Title for the proposed question to be
put before the people as provided herein shall be in the following
form:
BALLOT TITLE
Legislative Referendum No. ____ State Question No. ____
THE GIST OF THE PROPOSITION IS AS FOLLOWS:
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This measure calls a state Co nstitutional Convention. It would
begin on July 12, 2024. It would end by June 30, 2025. It
would review the State Cons titution. It could alter, amend, or
revise the Constitution. It could propose a new State
Constitution. There would be one hundred six delegates. Sixty-
eight delegates would be from t he State Legislature. Twelve
delegates would be from the Executive D epartment. They would be
from agencies, boards, and commissions. Six delegates would be
judges. Twenty members would be from the publ ic at large. Most
delegates would be picked by lot. A few delegates would be
selected by leadership of the Legislature . Delegates would be
paid for travel expenses for each day that the Convention meets.
Payment is limited. Delegates can be paid for n o more than
ninety days. Any change in the Constitu tion or new Constitution
must be presented for approval to state vot ers. This would
happen at the General Electio n in 2028.
SHALL THE PROPOSAL BE APPROVED?
FOR THE PROPOSAL — YES _____________
AGAINST THE PROPOSAL — NO _____________
SECTION 12. The President Pro Tempore of the Senate shall
immediately after the passage of this resolution, prepare and file
one copy thereof, including the Ballot Title set forth in SECTION 11
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hereof, with the Secretary of State and one copy with the Attorney
General.
59-1-985 KR 1/19/2023 10:23:06 AM