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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 1565 By: Kirt
AS INTRODUCED
An Act relating to initiative and referendum;
amending 34 O.S. 2021, Section s 2 and 8, which relate
to proposed petitions; increasing applicable time
period on certain form; increasing time period for
collection of certain sig natures; increasing time
period for termination of certain circulation; making
language gender neutral; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 34 O.S. 2021, Section 2, is
amended to read as follows:
Section 2. A. The form of initiative petition shall be
substantially as follows:
INITIATIVE PETITION
To the Honorable ______________, Governor of Oklahoma (or To the
Honorable ______________, Mayor, Chairman of County Commissioners,
or other chief executive officers, as the case may be, for the city,
county or other municipality): We, the undersig ned legal voters of
the State of Oklahoma (and of the district of _______________,
county of _______________, or city of ______________ __, as the case
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may be), respectfully order that the following proposed law (or
amendment to the constitutio n, ordinance, or amendment to the city
charter, as the case may be) shall be submitted to the legal voters
of the State of Oklahoma (or of the district of ______________,
county of ______________, or city of ______________, as the case may
be) for their approval or rej ection at the regular general election
(or regular or special city election), to be held on the ____ _ day
of _________, 20__, and each for himself or herself says: I have
personally signed this petition; I am a legal voter of the State of
Oklahoma (and of the district of ____ _____, county of
__________________, city of ______________, as the case may be); the
following data points shall be included on the form: the voter’s
first name, last name, zip code, house number, and numerical month
and day of my birth. The time for fi ling this petition expires
ninety (90) one hundred eighty (180) days from (Secretary of State
to insert assigned date when petition is to begin signature
circulation). (This for State initiative. For county, city, or
other municipality the length of time shall be ninety (90) days.)
The question we herewith submit to our fellow voters is: Shall the
following bill (or proposed amendment to the Constitution or
resolution) be approved? (Insert here an exact copy of the text of
the measure followed by propo nents of record (not to exceed three
signatures, complete printe d name and address associated with his or
her Oklahoma voter registration record).)
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B. In order for the signature to be approved by the Secretary
of State, three or more data points described in subsection A of
this section must be matched to the voter registration file.
SECTION 2. 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 citizen
or citizens shall, when such petition is prepared, and bef ore 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 t he
same time file a separate ballot title, which shall not be part of
or printed on the petition.
B. It shall be the duty of the Secretary of State to cause to
be published, in at least one newsp aper 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 prop onent or proponents filing the
petition. Any such protest must be filed within ten (10) business
days after publication. A copy of the protest shall be filed with
the Secretary of State.
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C. Upon the filing of a protest to the petition, the Supreme
Court shall then fix a day, not less than ten (10) business days
thereafter, at which time it will hear testimony and argu ments 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 fil ed as
herein provided.
E. Signature-gathering Deadline for Initiative Pe titions. When
an initiative petition has been filed in the office of the Secretary
of State and all appeals, protests and r ehearings have been resolved
or the period for such has exp ired, the Secretary of State shall set
the date for circulation of signatures f or 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
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name, birth date and address associated with his or her Oklahoma
voter registration 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 initiat ive petition upon written
notification to 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 tha n ninety (90) days after
the adjournment of the legislative session in which the measure,
which is the subject of the referendum petition, was enacted.
G. The proponents of a r eferendum or an initiative petition may
terminate the circulation period any time during the ninety-day
circulation period, or the proponents of the initiative petition may
terminate the circulatio n period any time during the one hundred
eighty-day circulation period, by certifying to the Secretary of
State that:
1. All signed petit ions have already been filed with t he
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 State shall begin the counting and
review process.
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H. When the signed copies of a petition pamphlet are timely
filed, the Secretary of State shall file a copy of th e proponent’s
ballot title with the Attorney General and, after conducting a count
and review of the filed, signed petition pa mphlets, the Secretary o f
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 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 state, a notice of the
filing of the signed petitions and the apparent sufficiency or
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 p rovisions of subsection D of
Section 9 of this title and notice that any citizen or citizen s of
the state may file an objectio n to the count made by t he Secretary
of State, by a written notice to the Supreme Court and to the
proponent or proponents filing the petition . Any such objection
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must be filed within ten (10) business days after publication and
must relate only to the validity or number of the s ignatures 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 obj ection 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 object ion to the
count or protest to the petition is frivolous, t he Court may impose
appropriate sanctions, including an award of costs and attorneys
fees to either party as the Court deems equitable.
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 3. This act shall become effective November 1, 2024.
59-2-2531 TEK 1/5/2024 1:49:15 PM