An Act
ENROLLED HOUSE
BILL NO. 1105 By: McCall of the House
and
Daniels and Bullard of the
Senate
An Act relating to initiative and referendum;
amending 34 O.S. 2021, Section 8, which relates to
filing and signature gathering of petitions ;
increasing time limit for protests; increasing time
limit for filing objection; and declaring an
emergency.
SUBJECT: Initiative and referendum
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
SECTION 1. AMENDATORY 34 O.S. 2021, Section 8, is
amended to read as follo ws:
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 purpos e
of invoking a referendum upon legislative enactments, such citizen
or citizens shall, when such petition is prepared, and before the
same is circulated or signe d 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 separate ballot title, which shall not be part of
or printed on the petition.
B. It shall be the duty o f 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 sufficiency or
insufficiency of the petition, and sh all include notice that any
citizen or citizens o f the state may file a prote st as to the
constitutionality of the petition, by a written notice to the ENR. H. B. NO. 1105 Page 2
Supreme Court and to the proponent or proponents filing the
petition. Any such protest must be filed wi thin ten (10) business
ninety (90) days after publication. A copy of the pro test shall be
filed with the Secretary of State.
C. Upon the filing of a protest to the pet ition, the Supreme
Court shall then fix a day, not less than ten (10) business 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 hearing the Supreme Court shall deci de
whether such petition is in the form required by the statutes. If
the Court is at the time adjourned, the Chief Jus tice shall
immediately convene the same for such hearing. No objection to the
sufficiency shall be considered unless it has been made an d filed as
herein provided.
E. Signature-gathering Deadline for Initiative Petitions. When
an initiative petition ha s been filed in the office of the Secretary
of State and all appeals, protests and rehear ings have been resolved
or the period for such ha s expired, the Secretary of State shall set
the date for circulation of signatures 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 proponents specifying the date on which circu lation
of the petition shall begin and that the signatures are due within
ninety (90) days of the date set. Each elector shall sign his or
her name and legibly print h is or her name, birth date and address
associated with his or her Oklahoma voter registr ation record. Any
petition not filed in accordance with 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 t o the Secretary of
State.
F. Signature-gathering Deadline for Referendum Petitions. All
signed signatures supporting a referendum petition shall be filed
with the Secretary of State not later than ninety (90) days after
the adjournment of the legislativ e session in which the measure,
which is the subject of the referendum petition, was enact ed.
ENR. H. B. NO. 1105 Page 3
G. The proponents of a referendum or an initiative petition may
terminate the circulation period any time during the ninety-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 su ch a certification from the
proponents, the Secretary of State shall begin the counting and
review process.
H. When the signed copies of a petition pamphlet are timely
filed, the Secretary of State shall file a copy of the proponent's
ballot title with the Attorney General and, after conducting a count
and review of the filed, signed petition pamph lets, the Secretary of
State shall certify to the Supreme Court of the state:
1. The total number of signatures counted pursuant to
procedures set forth in this title; and
2. The total number of vote s cast for the state office
receiving the highest numbe r of votes cast at the last general
election.
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 shall be the duty of the
Secretary of State to forthwith cause to be published, in at least
one newspaper of general circulation in the state, a notice of the
filing of the signed petitions and the apparent suffic iency or
insufficiency thereof, and shall also publish the text of the ballot
title as reviewed and approved or, if applicable, as rew ritten by
the Attorney General pursuant to the provisions of subsection D of
Section 9 of this title and notice th at any citizen or citizens of
the state may file an objection t o 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) business ninety (90) days after
publication and must relate only to the validity or number of the ENR. H. B. NO. 1105 Page 4
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 directed by the Supreme Court,
the Secretary of State shall deliver the bound v olumes 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 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 objection to the
count or protest to the petition is frivolous, the Court may impose
appropriate sanctions, inc luding an award of costs and attorneys
fees to either party as the Court deems equitable.
M. Whenever reference is made i n this act to the Supreme Court,
such reference shall i nclude the members of the Supreme Court, or
any officer constitutionally design ated to perform the duties herein
prescribed.
SECTION 2. It being immediately necessary for the preservat ion
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage an d approval.
ENR. H. B. NO. 1105 Page 5
Passed the House of Representatives the 23rd day of May, 2024.
Presiding Officer of the House
of Representatives
Passed the Senate the 29th day of May, 2024.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Govern or this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _____ ____
day of ___________________, 20_______, at _______ o'clo ck _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________