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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
HOUSE BILL 3810 By: Dollens
AS INTRODUCED
An Act relating to initiative and referendum ;
amending 34 O.S. 2021, Section 8, which relates to
signature gathering; increasing number of days for
signatures of initiative petitions; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 34 O.S. 2021, 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 ci tizen
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 separate ballot title, which shal l not be part of
or printed on the petition.
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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 sufficiency or
insufficiency of the petition, and sh all 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 pr otest must be filed wi thin 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) busines s 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 decide
whether such petition is in the form required by the statutes. 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.
E. Signature-gathering Deadline for Initiative Pe titions. When
an initiative petition has been filed in the office of the Secretary
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of State and all appeals, protests and rehearings have be en 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 whe n 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) one hundred eighty (180) days of the date set. Each
elector shall sign his or her name and legibly print his or her
name, birth date and address associa ted with his or her Oklahoma
voter registration record. Any petition not filed in accordance
with this provision shal l not be considered. The proponents of an
initiative petition, any time before the final submission of
signatures, may withdraw the initi ative petition upon written
notification to the Secretary of State.
F. Signature-gathering Deadline for Referendum Pe titions. All
signed signatures supporting a referendum petition shall be filed
with the Secretary of State not later than ninety (90) day s after
the adjournment of the legislative session in which the measure,
which is the subject of the referendum petiti on, was enacted.
G. The proponents of a referendum or an initiative petition may
terminate the circulation period any time during the nin ety-day
circulation period by certifying to the Secretary of State that:
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1. All signed petition s have already been fi led 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 Sta te shall begin the cou nting 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 p etition pamphlets, the Secretary of
State shall certify to the Supreme Court of the state:
1. The total number of signatures counted purs uant 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 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 s tate, a notice of the
filing of the signed petitions and the apparent sufficiency or
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insufficiency thereof, and shall also publish the text of the ballot
title as reviewed and approved or, if applicable, as rewritten by
the Attorney General pursuant to the provisions of subsection D of
Section 9 of this title and notice that any citizen or citizens o f
the state may file a n objection to the count made by the Secretary
of State, by a written notice to the Supreme Court and to the
proponent or proponents filin g the petition. Any such objection
must be filed within ten (10) business days after publicatio n 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 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 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, including an award of costs and attorneys
fees to either party as the Court deems equitable.
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M. Whenever reference is made in this act to the Supreme Court,
such reference shall include the members of the Supreme Court or any
officer constitutionally designated to perform the duties herein
prescribed.
SECTION 2. This act shall become effective November 1, 2024.
59-2-8577 LRB 12/04/23