Oklahoma 2024 Regular Session

Oklahoma House Bill HB1105 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	An Act
2		-	ENROLLED HOUSE
3		-	BILL NO. 1105 By: McCall of the House
	1	+
	2	+
	3	+	Req. No. 11112 Page 1 1
	4	+	2
	5	+	3
	6	+	4
	7	+	5
	8	+	6
	9	+	7
	10	+	8
	11	+	9
	12	+	10
	13	+	11
	14	+	12
	15	+	13
	16	+	14
	17	+	15
	18	+	16
	19	+	17
	20	+	18
	21	+	19
	22	+	20
	23	+	21
	24	+	22
	25	+	23
	26	+	24
	27	+
	28	+	STATE OF OKLAHOMA
	29	+
	30	+	2nd Session of the 59th Legislature (2024)
	31	+
	32	+	CONFERENCE COMMITTEE
	33	+	SUBSTITUTE
	34	+	FOR ENGROSSED
	35	+	HOUSE BILL NO. 1105 By: McCall of the House
4	36
5	37		and
6	38
7		-	Daniels and Bullard of the
8		-	Senate
	39	+	Daniels of the Senate
9	40
10	41
11	42
12	43
	44	+	CONFERENCE COMMITTEE SUBSTITUTE
13	45
14	46		An Act relating to initiative and referendum;
15	47		amending 34 O.S. 2021, Section 8, which relates to
16	48		filing and signature gathering of petitions ;
17	49		increasing time limit for protests; increasing time
18	50		limit for filing objection; and declaring an
19	51		emergency.
20	52
21	53
22	54
23	55
24		-	SUBJECT: Initiative and referendum
25		-
26	56		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
27		-
28	57		SECTION 1. AMENDATORY 34 O.S. 2021, Section 8, is
29	58		amended to read as follo ws:
30		-
31	59		Section 8. A. When a citizen or citizens desire to circulate a
32	60		petition initiating a proposition of any nature, whether to become a
33	61		statute law or an amendment to the Constitution, or for the purpose
34	62		of invoking a referendum upon legislative enactments, such citizen
35	63		or citizens shall, when such petition is prepared, and before the
36	64		same is circulated or signe d by electors, file a true and exact c opy
37	65		of same in the office of the Secretary of State and shall at the
	66	+
	67	+	Req. No. 11112 Page 2 1
	68	+	2
	69	+	3
	70	+	4
	71	+	5
	72	+	6
	73	+	7
	74	+	8
	75	+	9
	76	+	10
	77	+	11
	78	+	12
	79	+	13
	80	+	14
	81	+	15
	82	+	16
	83	+	17
	84	+	18
	85	+	19
	86	+	20
	87	+	21
	88	+	22
	89	+	23
	90	+	24
	91	+
38	92		same time file a separate ballot title, which shall not be part of
39	93		or printed on the petition.
40		-
41	94		B. It shall be the duty o f the Secretary of State to cause to
42	95		be published, in at least one newspaper of general circulation in
43	96		the state, a notice of such filing and t he apparent sufficiency or
44	97		insufficiency of the petition, and shall include notice that any
45	98		citizen or citizens o f the state may file a prote st as to the
46		-	constitutionality of the petition, by a written notice to the ~~ENR. H. B. NO. 1105 Page 2~~
	99	+	constitutionality of the petition, by a written notice to the
47	100		Supreme Court and to the proponent or pr oponents filing the
48	101		petition. Any such protest must be filed within ten (10) business
49	102		ninety (90) days after publication. A copy of the pro test shall be
50	103		filed with the Secretary of State.
51		-
52	104		C. Upon the filing of a protest to the petition, the Supreme
53	105		Court shall then fix a day, not less than ten (10) business days
54	106		thereafter, at which time it will hear testimony and arguments for
55	107		and against the sufficiency of such petition.
56		-
57	108		D. A protest filed by anyone hereunder may, if abandoned by the
58	109		party filing same, be revived within five (5) business days by any
59	110		other citizen. After such hearing the Supreme Court shall deci de
60	111		whether such petition is in the form required by the statutes. If
61	112		the Court is at the time adjourned, the Chief Justice shall
62	113		immediately convene the same for such hearing. No objection to the
63	114		sufficiency shall be considered unless it has been made an d filed as
64	115		herein provided.
	116	+
	117	+	Req. No. 11112 Page 3 1
	118	+	2
	119	+	3
	120	+	4
	121	+	5
	122	+	6
	123	+	7
	124	+	8
	125	+	9
	126	+	10
	127	+	11
	128	+	12
	129	+	13
	130	+	14
	131	+	15
	132	+	16
	133	+	17
	134	+	18
	135	+	19
	136	+	20
	137	+	21
	138	+	22
	139	+	23
	140	+	24
65	141
66	142		E. Signature-gathering Deadline for Initiative Petitions. When
67	143		an initiative petition has been filed in the offic e of the Secretary
68	144		of State and all appeals, protests and rehearings have been resolved
69	145		or the period for such ha s expired, the Secretary of State shall set
70	146		the date for circulation of signatures for the petition to begin but
71	147		in no event shall the date be less than fifteen (15) days nor more
72	148		than thirty (30) days from the date when all appeals, protests and
73	149		rehearings have been resolved or have expired. Notification shall
74	150		be sent to the proponents specifying the date on which circulation
75	151		of the petition shall begin and that the signatures are due within
76	152		ninety (90) days of the date set. Each elector shall sign his or
77	153		her name and legibly print h is or her name, birth date and address
78	154		associated with his or her Oklahoma voter registration record. Any
79	155		petition not filed in accordance with this provision shall not be
80	156		considered. The proponents of an initiative petition, any time
81	157		before the final submission of signatures, may withdraw the
82	158		initiative petition upon written notification to the Secretary of
83	159		State.
84		-
85	160		F. Signature-gathering Deadline for Referendum Petitions. All
86	161		signed signatures supporting a referendum petition shall be filed
87	162		with the Secretary of State not later than ninety (90) days after
88	163		the adjournment of the legislative session in which the measure,
89	164		which is the subject of the referendum petition, was enacted.
90		-	ENR. H. B. NO. 1105 Page 3
	165	+
	166	+	Req. No. 11112 Page 4 1
	167	+	2
	168	+	3
	169	+	4
	170	+	5
	171	+	6
	172	+	7
	173	+	8
	174	+	9
	175	+	10
	176	+	11
	177	+	12
	178	+	13
	179	+	14
	180	+	15
	181	+	16
	182	+	17
	183	+	18
	184	+	19
	185	+	20
	186	+	21
	187	+	22
	188	+	23
	189	+	24
	190	+
91	191		G. The proponents of a referendum or an initiative petition may
92	192		terminate the circulation period any time during the ninety-day
93	193		circulation period by certifying to the Secretary of State t hat:
94		-
95	194		1. All signed petitions have already been filed with the
96	195		Secretary of State;
97		-
98	196		2. No more petitions are in circulation; and
99		-
100	197		3. The proponents will not circulate any more petitions.
101		-
102	198		If the Secretary of State receives such a certification from the
103	199		proponents, the Secretary of State shall begin the counting and
104	200		review process.
105		-
106	201		H. When the signed copies of a petition pamphlet are timely
107	202		filed, the Secretary of State shall file a copy of the proponent's
108	203		ballot title with the Attorney General and, after co nducting a count
109	204		and review of the filed, signed petition pamphlets, the Secretary of
110	205		State shall certify to the Supreme Court of the state:
111		-
112	206		1. The total number of signatures counted pursuant to
113	207		procedures set forth in this title; and
114		-
115	208		2. The total number of vote s cast for the state office
116	209		receiving the highest number of votes cast at the last general
117	210		election.
118		-
119	211		The Supreme Court shall make the determination of the numerical
120	212		sufficiency or insufficiency of the signatures counted and reviewed
121	213		by the Secretary of State.
	214	+
	215	+	Req. No. 11112 Page 5 1
	216	+	2
	217	+	3
	218	+	4
	219	+	5
	220	+	6
	221	+	7
	222	+	8
	223	+	9
	224	+	10
	225	+	11
	226	+	12
	227	+	13
	228	+	14
	229	+	15
	230	+	16
	231	+	17
	232	+	18
	233	+	19
	234	+	20
	235	+	21
	236	+	22
	237	+	23
	238	+	24
122	239
123	240		I. Upon order of the Supreme Court it shall be the duty of the
124	241		Secretary of State to forthwith cause to be published, in at least
125	242		one newspaper of general circulation in the state, a notice of the
126	243		filing of the signed petitions and the apparent suffic iency or
127	244		insufficiency thereof, and shall also publish the text of the ballot
128	245		title as reviewed and approved or, if applicable, as rew ritten by
129	246		the Attorney General pursuant to the provisions of subsection D of
130	247		Section 9 of this title and notice th at any citizen or citizens of
131	248		the state may file an objection to the count made by the Secretary
132	249		of State, by a written notice to the Supreme Court and to the
133	250		proponent or proponents filing the petition. Any such objection
134	251		must be filed within ten (10) business ninety (90) days after
135		-	publication and must relate only to the validity or number of the ~~ENR. H. B. NO. 1105 Page 4~~
	252	+	publication and must relate only to the validity or number of the
136	253		signatures or a challenge to the ballot title. A copy of the
137	254		objection to the count or ballot title shall be filed with the
138	255		Supreme Court, the Attorney General and the Secretary of State.
139		-
140	256		J. Upon appeal and if ordered or directed by the Supreme Court,
141	257		the Secretary of State shall deliver the bound v olumes of signatures
142	258		to the Supreme Court.
143		-
144	259		K. Upon the filing of an objection to the signature count or
145	260		ballot title, the Supreme Court shall resolve the objection with
146	261		dispatch. The Supreme Court shall adopt rules to govern proceedings
147	262		to apply to the challenge of a measure on the grounds that the
148	263		proponents failed to gather sufficient signatures.
149	264
	265	+	Req. No. 11112 Page 6 1
	266	+	2
	267	+	3
	268	+	4
	269	+	5
	270	+	6
	271	+	7
	272	+	8
	273	+	9
	274	+	10
	275	+	11
	276	+	12
	277	+	13
	278	+	14
	279	+	15
	280	+	16
	281	+	17
	282	+	18
	283	+	19
	284	+	20
	285	+	21
	286	+	22
	287	+	23
	288	+	24
	289	+
150	290		L. If in the opinion of the Supreme Court, any objection to the
151	291		count or protest to the petition is frivolous, the Court may impose
152	292		appropriate sanctions, inc luding an award of costs and attorneys
153	293		fees to either party as the Court deems equitable.
154		-
155	294		M. Whenever reference is made i n this act to the Supreme Court,
156	295		such reference shall include the members of the Supreme Court, or
157	296		any officer constitutionally design ated to perform the duties herein
158	297		prescribed.
159		-
160	298		SECTION 2. It being immediately necessary for the preservat ion
161	299		of the public peace, health or safety, an emergency is hereby
162	300		declared to exist, by reason whereof this act shall take effect and
163	301		be in full force from and after its passage an d approval.
164	302
165		-	ENR. H. B. NO. 1105 Page 5
166		-	Passed the House of Representatives the 23rd day of May, 2024.
167		-
168		-
169		-
170		-
171		-	Presiding Officer of the House
172		-	of Representatives
173		-
174		-
175		-
176		-	Passed the Senate the 29th day of May, 2024.
177		-
178		-
179		-
180		-
181		-	Presiding Officer of the Senate
182		-
183		-
184		-	OFFICE OF THE GOVERNOR
185		-	Received by the Office of the Govern or this ____________________
186		-	day of ___________________, 20_______, at _______ o'clock _______ M.
187		-	By: _________________________________
188		-	Approved by the Governor of the State of Oklahoma this _____ ____
189		-	day of ___________________, 20_______, at _______ o'clo ck _______ M.
190		-
191		-
192		-	_________________________________
193		-	Governor of the State of Oklahoma
194		-
195		-	OFFICE OF THE SECRETARY OF STATE
196		-	Received by the Office of the Secretary of State this __________
197		-	day of ___________________, 20_______, at _______ o'clock _______ M.
198		-	By: _________________________________
	303	+	59-2-11112 LRB 05/16/24
199	304