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ENGROSSED SENATE
BILL NO. 518 By: Daniels and Bullard of the
Senate
and
Lepak of the House
An Act relating to initiative and referendum ;
amending 34 O.S. 2021, Sections 1, 2 and 8, which
relate to form, publication, and protest; modifying
information required for inclusion on certain form s;
authorizing Secretary of State to charge certain
filing fee for certain purpose; requiring certain
publication on website; requiring notice to certain
officers; increasing time period for certain protest
or objection; updating statutory langua ge; and
declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 34 O.S. 2021, Section 1, is
amended to read as follows:
Section 1. A. The referendum petition shall be substantially
as follows:
PETITION FOR REFERENDUM
To the Honorable ____________, Governor of Oklah oma (or To the
Honorable ____________, Mayor, Chairman of C ounty Commissioners, or
other chief executive officer, as the case may be, of the city,
county or other municipal corporation of ____________):
We, the undersigned legal voters of the State of Okla homa (or
district of __________, county of ____________, or city of
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____________, as the cas e may be), respectfully order that Senate
(or House) Bill No. __________ (or ordinance No. ____________),
entitled (title of Act, and if the petition is against l ess than the
whole Act, then set forth here the part or par ts on which the
referendum is sought), passed by the ____________ Legislature of the
State of Oklahoma, at the regular (or special) session of said
legislature, shall be referred to the people of t he State (district
of ____________, county of ____________, or city of ____________, as
the case may be) for their approval or rejection at the regular (or
special) election to be held on the ________ day of ____________,
20__, and each for himself says: I have personally signed this
petition; I am a legal voter of the State of Oklahoma (and dis trict
of __________, county of ____________, or city of ____________, as
the case may be); the following five data points shall be included
on the form: the voter ’s legal first name, legal last name, zip
code, house number and numerical month and day of my birth.
Referendum petitions shall be filed with the Secretary of State
not more than ninety (90) days after the final adjournment of the
session of the legislature which passe d the bill on which the
referendum is demanded. (For county, city or o ther municipality the
length of time shall be thirty (30) days.)
The question we herewith submit to our fellow voters is: Shall
the following bill of the legislature (or ordinance or r esolution--
local legislation) be approved? (Ins ert here an exact copy o f the
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text of the measure followed by proponents of record (not to exceed
three signatures, complete printed name and address associated with
his or her Oklahoma voter registration reco rd).)
B. In order for the signature to be appr oved by the Secretary
of State, three four 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 2, is
amended to read as f ollows:
Section 2. A. The form of initiative petit ion shall be
substantially as follows:
INITIATIVE PETITION
To the Honorable ______________, Governor of Oklah oma (or To the
Honorable ______________, Mayor, Chairman o f County Commissione rs,
or other chief execu tive officers, as the case may be, for the ci ty,
county or other municipality): We, the undersigned legal voters of
the State of Oklahoma (and of the dis trict of _______________,
county of _______________, or ci ty of ______________ __, as the case
may be), respectfully order that the following propos ed law (or
amendment to the constitution, ordinance, or amendment to the city
charter, as the case may be) sh all be submitted to the legal voters
of the State of Oklah oma (or of the distr ict of ______________,
county of ______________, or city of _________ _____, as the case may
be) for their approval or rejection at the regular general election
(or regular or special city election), to be held on the _____ day
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of _________, 20__, and each for himself says: I hav e personally
signed this petition; I am a leg al voter of the State of Oklahoma
(and of the district of _________, county of __________________,
city of ______________, as the case may be); the following five data
points shall be included on the form: the voter’s legal first name,
legal last name, zip code, house number, and numerical month and day
of my birth. The time for filing this petition expires ninety (90)
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 amend ment to the
Constitution or resolution) be approved? (Insert here an exact cop y
of the text of the measure followed by proponents of record (not to
exceed three signatures, complete printed na me and address
associated with his or her Oklahoma voter regist ration record).)
B. In order for the signature to be approved by the Secretary
of State, three four or more data points described in subsection A
of this section must be matched to the voter r egistration file.
SECTION 3. 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
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of invoking a referend um upon legislative enactm ents, such citizen
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 titl e, which shall not be part of
or printed on the petition. The Secretary may charge a filing fee
not to exceed Seven Hundred Fifty Dollars ($750.00) to cover the
cost of publication of notice as required by subsection B of this
section.
B. It shall be the duty of the Secretary of State to cause to
be published, on the website of the Office of the Secretary o f State
and in at least one newspaper of general circulation in the state, a
notice of such filing and the apparent sufficien cy or insufficiency
of the petition, and shall 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 p etition. Notice of such filing
shall be provided to the President Pro Tempore of the Senate and the
Speaker of the House of Rep resentatives. Any such protest must be
filed within ten (10) twenty (20) business days after publication.
A copy of the protest shall be filed with the Secr etary of State.
C. Upon the filing of a protest to the petition, the Supreme
Court shall then fix a da y, not less than ten (10) business days
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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 f ive (5) business days by a ny
other citizen. After such h earing the Supreme Court shall decide
whether such petition is in t he form required by the statu tes. If
the Court is at the time adjourned, the Chief Justice shall
immediately convene the same for s uch hearing. No objection to the
sufficiency shall be co nsidered unless it has been made and filed as
herein provided.
E. Signature-gathering Deadline for Initiative Petitions. When
an initiative petition has been filed in the office of the Secretary
of State and all appeals, pr otests and rehearings have been resolved
or the period for such has expired, the Secretary of Stat e 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 exp ired. Notification shall
be sent to the proponents specifying the date on which circulation
of the petition shall begin and that th e signatures are due withi n
ninety (90) days of the date set. Each elector shall sign his or
her name and legibly print his or her name, birth date and address
associated with his or her Oklahoma voter registration record. Any
petition not filed in accor dance with this provision shall not be
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considered. The proponents of an initiative petition, any time
before the final subm ission of signatures, may wit hdraw the
initiative petition upon written notification to the Secretary of
State.
F. Signature-gathering Deadline for Referendu m 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 legislative session in which the measure,
which is the subject of the referendum pe tition, was enacted.
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 bee n filed with the
Secretary of State;
2. No more petitions are in circulation; and
3. The proponents will not circulate any mo re petitions.
If the Secretary of State receives such a certification from the
proponents, the Secretar y 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, sign ed petition pamphlets, the Secr etary of
State shall certify to the Supreme Court of the state:
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1. The total number of signatur es counted pursuant to
procedures set forth in this title; and
2. The total number of votes cast for t he state office
receiving the highest number of votes cas t at the last general
election.
The Supreme Court shall make the de termination of the numerical
sufficiency or insufficiency of the signatures counted and reviewed
by the Secretary of State.
I. Upon order of the Supreme Cour t it shall be the duty of the
Secretary of State to forthwith cause to be published, in at least
one newspaper of general circu lation in the state, a notice of the
filing of the signed petitions and the apparent sufficiency or
insufficiency thereof, and sh all also publish the text of th e ballot
title as reviewed and approved or, if applicable, as rewri tten by
the Attorney General pursuant to the provisions of subsection D of
Section 9 of this title and notice that any citizen or ci tizens of
the state may file an objection to the count ma de by the Secretary
of State, by a written notice to the Supreme Co urt and to the
proponent or proponents filing the petition. Any such objection
must be filed within ten (10) twenty (20) business days after
publication and must relate only to the validit y or number of the
signatures or a challenge to the ballot title. A copy of the
objection to the count or ballot titl e shall be filed with the
Supreme Court, the Attorney General and the Secretary o f State.
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J. Upon appeal and if ordered or directed by th e Supreme Court,
the Secretary of State shall deliver the bound vol umes of signatures
to the Supreme Court.
K. Upon the filing of an objection to the signature count or
ballot title, the Supreme Cou rt shall resolve the objec tion with
dispatch. The Suprem e Court shall adopt rules to govern proceedings
to apply to the challenge of a measure on the gr ounds that the
proponents failed to gather sufficient signatures.
L. If in the opinion of the Supreme Court, any objection to th e
count or protest to the petit ion is frivolous, the Court may impose
appropriate sanctions , including an award of costs and attorneys
attorney fees to either party as the Court deems equitable.
M. Whenever reference is made in t his act to the Supreme Cou rt,
such reference shall includ e the members of the Supreme Court or any
officer constitutionally designated to perform the dut ies herein
prescribed.
SECTION 4. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effec t and
be in full force from and after its passage a nd approval.
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Passed the Senate the 8th day of March, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2023.
Presiding Officer of the House
of Representatives