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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
COMMITTEE SUBSTITUTE
FOR
HOUSE JOINT
RESOLUTION NO. 1048 By: Roberts
COMMITTEE SUBSTITUTE
A Joint Resolution directing the Secretary of State
to refer to the people for their approval or
rejection a proposed amendment to the Constitution of
the State of Oklahoma by adding a new Section 4b to
Article III; imposing requirements with respect to
elections; requiring votes to have certain
characteristics; prohibiting v otes from having other
characteristics; requiring certain measures to be
limited in content; auth orizing enabling legislation;
providing ballot title; and directing filing.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES AND THE SENATE OF THE
2ND SESSION OF THE 59TH OKLAHOMA LEGISLATURE:
SECTION 1. The Secretary of State shall refer to the peopl e for
their approval or rejection, as and in the manner provided by law,
the following proposed amendment to the Constitution of the State of
Oklahoma by adding a new Section 4b to Article III thereof, to read
as follows:
A. In all elections held by the State Election Board, a county
election board, or a municipality, the following shall be required:
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1. A candidate who receives the most votes at an election shall
be certified the winner of that election in the manner prescribed by
the Legislature;
2. Nothing in this section shall be construed to limit the
authority of the Legislature to enact a mandatory prima ry system as
provided in Section 3 of Article III of this Constitution.
B. All elections held by the State Election Board, a county
election board, or a municipality shall be conducted in the
following manner:
1. A voter shall vote for only one candidate for the same
office;
2. A vote for one candidate shall not be reallocated to another
candidate for the same office; and
3. One voter's vote for a candidate for an office shall hold
the same weight as other voters ' votes for a candidate for the same
office.
C. 1. This section shall remain in effect unless and until it
is repealed by a vote of the people by initiative or referendum as
provided in this Constitution.
2. An initiative or referendum to repeal this section shall
contain no subject other than the repeal of this section.
D. The Legislature shall have the authority to implement this
section with appropriate legislation.
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SECTION 2. The Ballot Title for the proposed Constitutional
amendment as set forth in SECTION 1 of this resolution shall be in
the following form:
BALLOT TITLE
Legislative Referendum No. ____ State Question No. ____
THE GIST OF THE PROPOSITION IS AS FOLLOWS :
This measure would amend the Oklahoma Constitution. It would
add a new Section 4A to Article 3. If the measure passes,
elections would have to be conducted in a specific manner.
Elections could only provide for a person to win the election
for an office if that person received the highest number of
votes cast for the particular office. Nothing about this
measure would amend or modify o r limit the ability of the
Legislature to provide for a system of primary elections. It
would require a voter to ca st only one vote for a person with
respect to any public office. Each vote cas t would be required
to have the exact same weight as any other vote cast for the
office. The provisions of this section would remain the law
unless, pursuant to an amendment , to the Constitution by means
of an initiative petition or a measure referred to a vote of the
people by the Legislat ure. An initiative petition or a
referendum measure could only contain a provision to repeal this
section and could not contain an amendment t o this section. The
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Legislature would have the ability to enact laws in order to
implement the provisions of t his section.
SHALL THE PROPOSAL BE APPROVED?
FOR THE PROPOSAL — YES _____________
AGAINST THE PROPOSAL — NO _____________
SECTION 3. The Chief Clerk of the House of Representatives,
immediately after the passage of this resolution, shall pr epare and
file one copy thereof, including the Ballot Title set forth in
SECTION 2 hereof, with the Secretary of State and one copy with the
Attorney General.
59-2-10557 LRB 02/27/24