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ENGROSSED SENATE
BILL NO. 1027 By: Bullard, Paxton, Jett ,
McIntosh, Deevers,
Grellner, Hines, Hamilton,
Prieto, Alvord, and
Gillespie of the Senate
and
Hilbert of the House
An Act relating to initiative and referendum;
amending 34 O.S. 2021, Sec tions 3, 6, 8, as amended
by Section 1, Chapter 364, O.S.L. 2024, and 9 (34
O.S. Supp. 2024, Section 8), which relate to
signatures for petitions and ballot title; making
language gender neutral; establishing requirements
for gist of proposition; requiring inclusion of
certain statement on petition; requiring Secretary of
State to make affirmation about certain language;
authorizing certain removal for violation; adding
qualification for persons circulating petition for
signatures; requiring certain notice; providing that
signature serves as certain attestation; requiring
Secretary of State to establish procedures for
removal of certain signatures; requiring certain
disclosures; establishing requirements for certain
contributions or compensation; requiring r eport of
certain expenditures; requiring publication of
certain reports on Secretary of State website;
modifying requirements for certain signatures;
updating certain vote requirement; updating statutory
reference; adding requirement for ballot title;
updating statutory language; specifying applicability
of provisions; providing for noncodification; and
declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 34 O.S. 2021, Section 3, is
amended to read as follows:
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Section 3. A. Each initiative petition and each referendum
petition shall be duplicated for the securing of signatures. The
Secretary of State shall design a form, subject to change, for
signatures that shall be used by prop onents of initiatives or
referendums when collecting signatures, and each sheet for
signatures shall be attached to a copy of the petition. Each copy
of the petition and sheets for signatures is hereinafter termed a
pamphlet. On the outer page of each pa mphlet shall be printed the
word “Warning”, and underneath this in ten -point type the words, “It
is a felony for anyone to sign an initiative or referendum petition
with any name other than his or her own, or knowingly to sign his or
her name more than once for the measure, or to sign such petition
when he or she is not a legal voter of this state.” A simple
statement of the gist of the proposition shall be printed on the top
margin of each signature sheet and shall:
1. Explain in basic words, which can b e easily found in
dictionaries of general usage, the effect of the proposition;
2. Not contain any words which have a special meaning for a
particular profession or trade not commonly known to the citizens of
this state;
3. Not contain euphemisms, words, or phrases regarded in
popular parlance as code words, or an apparent attempt to deceive
voters;
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4. Not reflect partialit y in its composition or contain any
argument for or against the measure; and
5. Indicate whether a proposed measure will have a fisc al
impact on the state and if so, the potential source of funding
including, but not limited to, federal funding or legislative
appropriation which may require imposition of a new tax, increase of
an existing tax, or elimination of existing services.
B. A statement shall be printed under the gist of the
proposition that provides notice that a copy of the petition and all
signatures on such petition are public records subject to the
Oklahoma Open Records Act.
C. The Secretary of State shall affirm that any gist conforms
with the requirements of this section. The Secretary may remove any
gist that violates the requirements of this section .
SECTION 2. AMENDATORY 34 O.S. 2021, Section 6, is
amended to read as follows:
Section 6. Any person who circulates a sheet of said the
petition shall be a qualified elector of this state and shall verify
the signatures included on any signature sheets he or she circulates
by executing his or her affidavit thereon and as a part thereof.
The Secretary of State shall cause to be affixed onto the back of
the signature form an affidavit, subject to change, for the
circulator to verify the signatures.
State of Oklahoma, )
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) ss.
County of ________ )
I, ______, being first duly sworn, say: That I am at least
eighteen (18) years old , a qualified elector of this state, and that
all signatures on the signature sheet were sign ed in my presence; I
believe that each has stated his or her name, mailing address,
county of residence, and date of birth associated with his or her
Oklahoma voter registration record, and that each signer is a legal
voter of the State of Oklahoma and county of ______ or of the city
of ______ (as the case may be). (Signature and complete address of
affiant.)
Subscribed and sworn to be fore me this ________ day of ________ A.D.
20__.
(Signature and title of the Oklahoma notarial officer before
whom oath is made, and his or her complete address, commission
number and expiration date, and official Oklahoma notary public
seal.)
SECTION 3. AMENDATORY 34 O.S. 2021, Section 8, as
amended by Section 1, Chapter 364, O.S.L. 2024 (34 O.S. Supp. 2024,
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 Oklahoma Constitution, or for the
purpose of invoking a referendum upon legislative enactments, such
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citizen or citizens shall, when such petition is prepared, and
before the same is circulated or signed by electors, file a true and
exact copy 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 du ty 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 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
petition. Any such protest must shall be filed within ninety (90)
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) business days
thereafter, at which time it will hear testimony and argumen ts 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
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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 Petitions. When
an initiative petition has been filed in the office of the Secretary
of State and all appeals, protests , and rehearings have been
resolved or the period for such has expir ed, 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 circulation of the petition shall begin and that the
signatures are due within ninety (90) days of the date set. Any
person who circulates the petit ion to collect signatures shall be a
registered voter in this state and shall display a conspicuous
notice in any location where the person is collecting signatures
whether the person is being paid to circulate the petition and if
so, by what person or ent ity. Each elector shall sign his or her
name and legibly print his or her name, birth date , and address, and
county of residence associated with his or her Oklahoma voter
registration record. An elector’s signature shall serve as an
attestation that the elector read the gist in full or that the
person who solicited the elector ’s signature read the gist in full
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to the elector. The Secretary of State shall establish procedures
by which an elector can request to have his or her signature removed
from the petition. 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 to the
Secretary of State.
F. Signature-gathering Deadline for Referendum Petitions. All
signed signatures supporting a referend um petition shall be filed
with the Secretary of State not later than ninety (90) days after
the adjournment of the legislative sessi on in which the measure ,
which is the subject of the referendum petition , was enacted.
G. 1. Any person who circulates the petition to collect
signatures shall disclose to the Secretary of State any employer or
entity that is compensating the person for the circulation of the
petition. No compensation shall be based on number of signatures
collected or any other incentives. No person or entity who does not
reside or do business in this state shall contribute to or
compensate a person for circulation of a petition. Any person or
entity that employs a person for circulation of a petition shall
follow federal labor standards.
2. Any person or entity expending funds on the circulation of a
petition shall submit a report to the Secretary of State that
details such expenditures and that attests that all donated funds
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were received from sources in this state. The Secretary of St ate
shall publish such reports on the Secretary ’s website until the vote
on the measure has occurred.
H. 1. No more than ten percen t (10%) of the total number of
signatures required for an initiative petition or referendum
petition shall be from legal electors of a county with a population
of four hundred thousand (400,000) or more according to the latest
Federal Decennial Census.
2. No more than four percent (4%) of the total number of
signatures required for an initiative petition or referendum
petition shall be from legal electors of a county with a population
less than four hundred thousand (400,000) according to the latest
Federal Decennial Census.
I. 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 such a certification from the
proponents, the Secretary of State shall begin the counting and
review process.
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H. J. 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, si gned petition pamphlets, the Secretary of
State shall certify to the Supreme Court of the state:
1. The total number of si gnatures 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 Governor 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. K. 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 provisions of subsection D of
Section 9 of this title and notice that any citizen or citizens of
the state may file an objection to 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
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must shall be filed within ninety (90) days after publication an d
must shall 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. L. 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. M. Upon the filing of an objection to the signature count or
ballot title, the Supreme Court shall re solve 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. N. If in the opinion of the Supreme Court, a ny objection to
the count or protest to the petition 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. O. Whenever reference is made in this a ct 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 4. AMENDATORY 34 O.S. 2021, Section 9, is
amended to read as follows:
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Section 9. A. When a referendum is ordered by petition of the
people against any measure passed by th e Legislature or when any
measure is proposed by initiative petition, whether as an amendment
to the Oklahoma Constitution or as a st atute, it shall be the duty
of the parties submitting the measure to prepare and file one copy
of the measure with the Secretary of State and one copy with the
Attorney General.
B. The parties submitting the measure shall also submit a
suggested ballot title to the Secretary of State which shall be
filed on a separate sheet of paper and shall not be part of or
printed on the petition. The suggested ballot title:
1. Shall not exceed two hundred words, or three hundred words
if the proposed measure will ha ve a fiscal impact on the state;
2. Shall explain in basic words, which can be easily found in
dictionaries of general usage, the effect of the proposition;
3. Shall not contain any words which have a special meaning for
a particular profession or trade not commonly known to the citizens
of this state;
4. Shall not contain euphemisms, words, or phrases regarded in
popular parlance as code words, or an apparent attempt to deceive
voters;
5. Shall not reflect partiality in its composition or contain
any argument for or against the measure;
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5. 6. Shall contain language which clearly states that a “yes”
vote is a vote in favor of the proposition and a “no” vote is a vote
against the proposition;
6. 7. Shall not contain language whereby a “yes” vote is, in
fact, a vote against the proposition and a “no” vote is, in fact, a
vote in favor of the proposition; and
7. 8. Shall indicate if a proposed measure will have a fiscal
impact on the state and if so, the potential source of funding
including, but not limited to, federal funding or legislative
appropriation which may require imposition of a new tax, increase of
an existing tax, or elimination of existing services.
C. When a measure is proposed as a constitutional amendment by
the Legislature or when the Leg islature proposes a statute
conditioned upon approval by the people:
1. After final passage of a measure, the Secretary of State
shall submit the proposed ballot title to the Attorney General for
review as to legal correctness. Within five (5) business d ays after
receipt from the Secretary of State, the Attorney General shall, in
writing, notify the Secretary of State, the President Pro Tempore of
the Senate, the Speaker of the House of Representatives and the
principal authors of the bill whether or not the proposed ballot
title complies with applicable laws. The Attorney General shall
state with specificity any and all def ects found and, if necessary,
within ten (10) business days of determining that the proposed
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ballot title is defective, prepare a pre liminary ballot title which
complies with the law and furnish a copy of such ballot title to the
Secretary of State, the President Pro Tempore of the Senate, the
Speaker of the House of Representatives and the principal authors of
the bill. The Attorney G eneral may consider any comments made by
the President Pro Tempore of the Senate or the Speaker of the House
of Representatives submitted within five (5) business days of their
being furnished a copy of the preliminary ballot title. The
Attorney General shall respond in writing to the comments and shall
file a final ballot title with the Secretary of State no later than
fifteen (15) business days after furnishing the preliminary ballot
title; and
2. After receipt of the measure and the official ballot tit le,
as certified by the Attorney General, the Secretary of State shall
within five (5) days transmit to the Secretary of th e State Election
Board an attested copy of the measure, including the official ballot
title.
D. The following procedure shall apply to ballot titles of
referendums ordered by a petition of the people or any measure
proposed by an initiative petition:
1. After the filing of the signed referendum petitions or the
signed initiative petitions, the Secretary of State shall submit the
proposed separate ballot title to the Attorney General for review as
to legal correctness. Within five (5) business days after the
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receipt of the ballot title, the Attorney General shall, in writing,
notify the Secretary of State whether or not the proposed ba llot
title complies with applicable laws. The Attorney General shall
state with specificity any and all defects found and, if necessary,
within ten (10) business days of determining that the proposed
ballot title is defective, prepare and file a ballot ti tle which
complies with the law; and
2. Within ten (10) business days after completion of the review
and, if necessary, th e filing of a ballot title in compliance with
law, by the Attorney General, the Secretary of State shall, if no
appeal is filed, tran smit to the Secretary of the State Election
Board an attested copy of the measure, including the official ballot
title, and a certification that the requirements of this section
have been met. If an appeal is taken from such ballot title within
the time specified in Section 10 of this title, then the Secretary
of State shall certify to the Secretary of the State Election Boar d
the ballot title which is finally approved by the Supreme Court.
SECTION 5. NEW LAW A new section of law no t to be
codified in the Oklahoma Statutes reads as follows:
Upon the effective date of this act, the provisions shall be
applicable to all initiative petitions for which the Secretary of
State has not previously set the date for circulation of the
petition for signatures pursuant to subsection E of Section 8 of
Title 34 of the Oklahoma Statutes.
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SECTION 6. 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 effect and
be in full force from and after its passage and approval.
Passed the Senate the 18th day of March, 2025.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2025.
Presiding Officer of the House
of Representatives