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52 | 47 | | |
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53 | 48 | | COMMITTEE SUBSTITUTE |
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54 | 49 | | |
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55 | 50 | | An Act relating to initiative and referendum; |
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56 | 51 | | amending 34 O.S. 2021, Sections 3, 6, 8, as amended |
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57 | 52 | | by Section 1, Chapter 364, O.S.L. 2024, and 9 (34 |
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58 | 53 | | O.S. Supp. 2024, Section 8), which relate to |
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59 | 54 | | signatures for petitions and ballot title; making |
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60 | 55 | | language gender neutral; establishing requirements |
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61 | 56 | | for gist of proposition; requiring inclusion of |
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62 | 57 | | certain statement on petition; requiring Secretary of |
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63 | 58 | | State to make affirmation about certain language; |
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64 | 59 | | authorizing certain removal for violation; adding |
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65 | 60 | | qualification for persons circulating petition for |
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66 | 61 | | signatures; requiring certain notice; providing that |
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67 | 62 | | signature serves as certain attestation; requiring |
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68 | 63 | | Secretary of State to establish procedures for |
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69 | 64 | | removal of certain signatures; requiring certain |
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70 | 65 | | disclosures; establishing requirements for certain |
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71 | 66 | | contributions or compensation; requiring report of |
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72 | 67 | | certain expenditures; requiring publication of |
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73 | 68 | | certain reports on Secretary of State website; |
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74 | 69 | | modifying requirements for certain signatu res; |
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75 | 70 | | updating certain vote requirement; updating statutory |
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109 | 102 | | |
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110 | 103 | | |
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111 | 104 | | |
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112 | 105 | | |
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113 | 106 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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114 | 107 | | SECTION 1. AMENDATORY 34 O.S. 2021, Section 3, is |
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115 | 108 | | amended to read as follows: |
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116 | 109 | | Section 3. A. Each initiative petition and each referendu m |
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117 | 110 | | petition shall be duplicated for the securing of signatures. The |
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118 | 111 | | Secretary of State shall design a form, subject to change, for |
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119 | 112 | | signatures that shall be used by proponents of initiatives or |
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120 | 113 | | referendums when collecting signatures, and each sheet for |
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121 | 114 | | signatures shall be attached to a copy of the petition. Each copy |
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122 | 115 | | of the petition and sheets for signatures is hereinafter termed a |
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123 | 116 | | pamphlet. On the outer page of each pamphlet shall be printed the |
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124 | 117 | | word “Warning”, and underneath this in ten -point type the words, “It |
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125 | 118 | | is a felony for anyone to sign an initiative or referendum petition |
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126 | 119 | | with any name other than his or her own, or knowingly to sign his or |
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127 | 120 | | her name more than once for the measure, or to sign such petition |
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128 | 121 | | when he or she is not a legal voter of this state.” A simple |
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129 | 122 | | statement of the gist of the proposition shall be printed on the top |
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130 | 123 | | margin of each signature sheet and shall: |
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160 | 152 | | 2. Not contain any words which have a special meaning for a |
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161 | 153 | | particular profession or trade not commonly known to the citizens of |
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162 | 154 | | this state; |
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163 | 155 | | 3. Not contain euphemisms, words, or phrases regarded in |
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164 | 156 | | popular parlance as code words, or an apparent attempt to deceiv e |
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165 | 157 | | voters; |
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166 | 158 | | 4. Not reflect partiality in its composition or contain any |
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167 | 159 | | argument for or against the measure; and |
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168 | 160 | | 5. Indicate whether a proposed measure will have a fiscal |
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169 | 161 | | impact on the state and if so, the potential source of funding |
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170 | 162 | | including, but not lim ited to, federal funding or legislative |
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171 | 163 | | appropriation which may require imposition of a new tax, increase of |
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172 | 164 | | an existing tax, or elimination of existing services. |
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173 | 165 | | B. A statement shall be printed under the gist of the |
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174 | 166 | | proposition that provides notice that a copy of the petition and all |
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175 | 167 | | signatures on such petition are public records subject to the |
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176 | 168 | | Oklahoma Open Records Act. |
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177 | 169 | | C. The Secretary of State shall affirm that any gist conforms |
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178 | 170 | | with the requirements of this section. The Secretary may remove any |
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179 | 171 | | gist that violates the requirements of this section and direct the |
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180 | 172 | | proponents of the petition to submit a gist that complies with all |
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181 | 173 | | the requirements of this section . |
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211 | 202 | | Section 6. Any person who circulates a sheet of said the |
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212 | 203 | | petition shall be a registered voter of this state and shall verify |
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213 | 204 | | the signatures included on any signature sheets he or she circulates |
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214 | 205 | | by executing his or her affidavit thereon and as a part thereof. |
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215 | 206 | | The Secretary of State shall cause to be affixed onto the back of |
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216 | 207 | | the signature form an affidavit, subject to change, for the |
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217 | 208 | | circulator to verify the signatures. |
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218 | 209 | | State of Oklahoma, ) |
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219 | 210 | | ) ss. |
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220 | 211 | | County of ________ ) |
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221 | 212 | | I, ______, being first duly sworn, say: That I am at least |
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222 | 213 | | eighteen (18) years old , a registered voter of this state, and that |
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223 | 214 | | all signatures on the signature sheet were signed in my presence; I |
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224 | 215 | | believe that each has stated his or her name, mailing address, |
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225 | 216 | | county of residence, and date of birth associated with his or her |
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226 | 217 | | Oklahoma voter registration record, and that each signer is a legal |
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227 | 218 | | voter of the State of Oklahoma and county of ______ or of the city |
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228 | 219 | | of ______ (as the case may be). (Signature and complete address of |
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229 | 220 | | affiant.) |
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230 | 221 | | Subscribed and sworn to before me this ________ day of ________ A.D. |
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231 | 222 | | 20__. |
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261 | 251 | | number and expiration date, and official Oklahoma notary p ublic |
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262 | 252 | | seal.) |
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263 | 253 | | SECTION 3. AMENDATORY 34 O.S. 2021, Section 8, as |
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264 | 254 | | amended by Section 1, Chapter 364, O.S.L. 2024 (34 O.S. Supp. 2024, |
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265 | 255 | | Section 8), is amended to read as follows: |
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266 | 256 | | Section 8. A. When a citizen or citizens desire to circu late a |
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267 | 257 | | petition initiating a proposition of any nature, whether to become a |
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268 | 258 | | statute law or an amendment to the Oklahoma Constitution, or for the |
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269 | 259 | | purpose of invoking a referendum upon legislative enactments, such |
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270 | 260 | | citizen or citizens shall, when such petitio n is prepared, and |
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271 | 261 | | before the same is circulated or signed by electors, file a true and |
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272 | 262 | | exact copy of same in the office of the Secretary of State and shall |
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273 | 263 | | at the same time file a separate ballot title, which shall not be |
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274 | 264 | | part of or printed on the petitio n. |
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275 | 265 | | B. It shall be the duty of the Secretary of State to cause to |
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276 | 266 | | be published, in at least one newspaper of general circulation in |
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277 | 267 | | the state, a notice of such filing and the apparent sufficiency or |
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278 | 268 | | insufficiency of the petition, and shall include notice t hat any |
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279 | 269 | | citizen or citizens of the state may file a protest as to the |
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280 | 270 | | constitutionality of the petition, by a written notice to the |
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281 | 271 | | Supreme Court and to the proponent or proponents filing the |
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282 | 272 | | petition. Any such protest must shall be filed within ninety (9 0) |
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312 | 301 | | C. Upon the filing of a protest to the petition, the Supreme |
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313 | 302 | | Court shall then fix a day, not less than ten (10) business days |
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314 | 303 | | thereafter, at which time it will h ear testimony and arguments for |
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315 | 304 | | and against the sufficiency of such petition. |
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316 | 305 | | D. A protest filed by anyone hereunder may, if abandoned by the |
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317 | 306 | | party filing same, be revived within five (5) business days by any |
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318 | 307 | | other citizen. After such hearing the Supreme Court shall decide |
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319 | 308 | | whether such petition is in the form required by the statutes. If |
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320 | 309 | | the Court is at the time adjourned, the Chief Justice shall |
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321 | 310 | | immediately convene the same for such hearing. No objection to the |
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322 | 311 | | sufficiency shall be considered unless it has been made and filed as |
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323 | 312 | | herein provided. |
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324 | 313 | | E. Signature-gathering Deadline for Initiative Petitions. When |
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325 | 314 | | an initiative petition has been filed in the office of the Secretary |
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326 | 315 | | of State and all appeals, protests , and rehearings have been |
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327 | 316 | | resolved or the period for such has expired, the Secretary of State |
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328 | 317 | | shall set the date for circulation of signatures for the petition to |
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329 | 318 | | begin but in no event shall the date be less than fifteen (15) days |
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330 | 319 | | nor more than thirty (30) days from the date when all appeals, |
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331 | 320 | | protests, and rehearings have been resolved or have expired. |
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332 | 321 | | Notification shall be sent to the proponents specifying the date on |
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333 | 322 | | which circulation of the petition shall begin and that the |
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363 | 351 | | registered voter in this state and shall display a conspicuous |
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364 | 352 | | notice in any location where the person is collecting signatures |
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365 | 353 | | whether the person is being paid to circulate the petition and if |
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366 | 354 | | so, by what person or entity. Each elector shall sign his or her |
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367 | 355 | | name and legibly print his or her name, birth date and, address, and |
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368 | 356 | | county of residence associated with his or her Oklahoma voter |
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369 | 357 | | registration record. An elector’s signature shall serve as an |
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370 | 358 | | attestation that the elector read the gist in full or that the |
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371 | 359 | | person who solicited the elector’s signature read the gist in full |
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372 | 360 | | to the elector. The Secretary of State shall establish procedures |
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373 | 361 | | by which an elector can request to have his or her sign ature removed |
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374 | 362 | | from the petition. Any petition not filed in accordance with this |
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375 | 363 | | provision shall not be considered. The proponents of an initiative |
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376 | 364 | | petition, any time before the final submission of signatures, may |
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377 | 365 | | withdraw the initiative petition upon wri tten notification to the |
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378 | 366 | | Secretary of State. |
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379 | 367 | | F. Signature-gathering Deadline for Referendum Petitions. All |
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380 | 368 | | signed signatures supporting a referendum petition shall be filed |
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381 | 369 | | with the Secretary of State not later than ninety (90) days after |
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382 | 370 | | the adjournment of the legislative session in which the measure , |
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383 | 371 | | which is the subject of the referendum petition , was enacted. |
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414 | 401 | | petition. No compensation shall be based on number of signatures |
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415 | 402 | | collected, number of signature sheets submitted, or any other |
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416 | 403 | | similar incentives. No person or entity who does not reside or do |
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417 | 404 | | business in this state shall contribute to or compensate a person |
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418 | 405 | | for circulation of a petition. Any person or entity that employs a |
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419 | 406 | | person for circulation of a petition shall follow federal labor |
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420 | 407 | | standards; and |
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421 | 408 | | 2. Any person or entity expending funds on the circulat ion of a |
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422 | 409 | | petition shall submit a weekly report to the Secretary of State that |
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423 | 410 | | details such expenditures and that attests that all donated funds |
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424 | 411 | | were received from sources in this state. The Secretary of State |
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425 | 412 | | shall publish such reports on the Secretary’s website until the vote |
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426 | 413 | | on the measure has occurred. |
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427 | 414 | | H. 1. The total number of signatures collected to meet the |
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428 | 415 | | requirements for an initiative petition or referendum petition , |
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429 | 416 | | amending the Oklahoma Statutes, from a single county shall not |
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430 | 417 | | exceed eleven and five-tenths percent (11.5%) of the number of votes |
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431 | 418 | | cast in that county during the most recent statewide general |
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432 | 419 | | election for Governor. The State Election Board shall determine the |
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433 | 420 | | number of votes cast in each county; and |
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465 | 451 | | votes cast in that county during the most recent statewide general |
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466 | 452 | | election for Governor. The State Election Board shall determine the |
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467 | 453 | | number of votes cast in each county. |
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468 | 454 | | I. The proponents of a referendum or an initiative petition may |
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469 | 455 | | terminate the circulation period any time during the n inety-day |
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470 | 456 | | circulation period by certifying to the Secretary of State that: |
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471 | 457 | | 1. All signed petitions have already been filed with the |
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472 | 458 | | Secretary of State; |
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473 | 459 | | 2. No more petitions are in circulation; and |
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474 | 460 | | 3. The proponents will not circulate any more petitions. |
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475 | 461 | | If the Secretary of State receives such a certification from the |
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476 | 462 | | proponents, the Secretary of State shall begin the counting and |
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477 | 463 | | review process. |
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478 | 464 | | H. J. When the signed copies of a petition pamphlet are timely |
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479 | 465 | | filed, the Secretary of State shall file a cop y of the proponent’s |
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480 | 466 | | ballot title with the Attorney General and, after conducting a count |
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481 | 467 | | and review of the filed, signed petition pamphlets, the Secretary of |
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482 | 468 | | State shall certify to the Supreme Court of the state: |
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483 | 469 | | 1. The total number of signatures counted pursuant to |
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484 | 470 | | procedures set forth in this title; and |
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515 | 500 | | The Supreme Court shall make the determination of the numerical |
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516 | 501 | | sufficiency or insufficiency of the signatures counted and reviewed |
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517 | 502 | | by the Secretary of State. |
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518 | 503 | | I. K. Upon order of the Supreme Court it shall be the duty of |
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519 | 504 | | the Secretary of State to forthwith cause to be published, in at |
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520 | 505 | | least one newspaper of general cir culation in the state, a notice of |
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521 | 506 | | the filing of the signed petitions and the apparent sufficiency or |
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522 | 507 | | insufficiency thereof, and shall also publish the text of the ballot |
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523 | 508 | | title as reviewed and approved or, if applicable, as rewritten by |
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524 | 509 | | the Attorney General pursuant to the provisions of subsection D of |
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525 | 510 | | Section 9 of this title and notice that any citizen or citizens of |
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526 | 511 | | the state may file an objection to the count made by the Secretary |
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527 | 512 | | of State, by a written notice to the Supreme Court and to the |
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528 | 513 | | proponent or proponents filing the petition. Any such objection |
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529 | 514 | | must shall be filed within ninety (90) days after publication and |
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530 | 515 | | must shall relate only to the validity or number of the signatures |
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531 | 516 | | or a challenge to the ballot title. A copy of the objection to the |
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532 | 517 | | count or ballot title shall be filed with the Supreme Court, the |
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533 | 518 | | Attorney General, and the Secretary of State. |
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566 | 550 | | dispatch. The Supreme Court shall adopt rules to govern proceedings |
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567 | 551 | | to apply to the challenge of a measure on the grounds that the |
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568 | 552 | | proponents failed to gather sufficient signatures. |
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569 | 553 | | L. N. If in the opinion of the Supreme Court, any objection to |
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570 | 554 | | the count or protest to the petition is frivolous, the Court may |
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571 | 555 | | impose appropriate sanctions, including an award of costs and |
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572 | 556 | | attorneys attorney fees to either party as the Court deems |
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573 | 557 | | equitable. |
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574 | 558 | | M. O. Whenever reference is made in this act to the Supreme |
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575 | 559 | | Court, such reference shall include the members of the Supreme |
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576 | 560 | | Court, or any officer constitutionally designated to perfo rm the |
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577 | 561 | | duties herein prescribed. |
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578 | 562 | | SECTION 4. AMENDATORY 34 O.S. 2021, Section 9, is |
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579 | 563 | | amended to read as follows: |
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580 | 564 | | Section 9. A. When a referendum is ordered by petition of the |
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581 | 565 | | people against any measure passed by the Legislature or when any |
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582 | 566 | | measure is proposed by initiative petition, whether as an amendment |
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583 | 567 | | to the Oklahoma Constitution or as a statute, it shall be the duty |
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584 | 568 | | of the parties submitting the measure to prepare and file one copy |
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616 | 599 | | filed on a separate sheet of paper and shall not be part of or |
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617 | 600 | | printed on the petition. The s uggested ballot title: |
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618 | 601 | | 1. Shall not exceed two hundred words, or three hundred words |
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619 | 602 | | if the proposed measure will have a fiscal impact on the state; |
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620 | 603 | | 2. Shall explain in basic words, which can be easily found in |
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621 | 604 | | dictionaries of general usage, the effect o f the proposition; |
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622 | 605 | | 3. Shall not contain any words which have a special meaning for |
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623 | 606 | | a particular profession or trade not commonly known to the citizens |
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624 | 607 | | of this state; |
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625 | 608 | | 4. Shall not contain euphemisms, words, or phrases regarded in |
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626 | 609 | | popular parlance as code words, or an apparent attempt to deceive |
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627 | 610 | | voters; |
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628 | 611 | | 5. Shall not reflect partiality in its composition or contain |
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629 | 612 | | any argument for or against the measure; |
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630 | 613 | | 5. 6. Shall contain language which clearly states that a “yes” |
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631 | 614 | | vote is a vote in favor of the proposit ion and a “no” vote is a vote |
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632 | 615 | | against the proposition; |
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633 | 616 | | 6. 7. Shall not contain language whereby a “yes” vote is, in |
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634 | 617 | | fact, a vote against the proposition and a “no” vote is, in fact, a |
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635 | 618 | | vote in favor of the proposition; and |
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666 | 648 | | appropriation which may require imposition of a new tax, increase of |
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667 | 649 | | an existing tax, or elimination of existing services. |
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668 | 650 | | C. When a measure is proposed as a constitutional amendment by |
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669 | 651 | | the Legislature or when the Legislature proposes a statute |
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670 | 652 | | conditioned upon approval by the people: |
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671 | 653 | | 1. After final passage of a measure, the Secretary of State |
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672 | 654 | | shall submit the proposed ballot title to the Attorney General for |
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673 | 655 | | review as to legal correctness. Within five (5) business days after |
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674 | 656 | | receipt from the Secretary of State, the Attorney General shall, in |
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675 | 657 | | writing, notify the Secretary of State, the President Pro Tem pore of |
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676 | 658 | | the Senate, the Speaker of the House of Representatives and the |
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677 | 659 | | principal authors of the bill whether or not the proposed ballot |
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678 | 660 | | title complies with applicable laws. The Attorney General shall |
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679 | 661 | | state with specificity any and all defects found and, if necessary, |
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680 | 662 | | within ten (10) business days of determining that the proposed |
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681 | 663 | | ballot title is defective, prepare a preliminary ballot title which |
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682 | 664 | | complies with the law and furnish a copy of such ballot title to the |
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683 | 665 | | Secretary of State, the President Pro Temp ore of the Senate, the |
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684 | 666 | | Speaker of the House of Representatives and the principal authors of |
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685 | 667 | | the bill. The Attorney General may consider any comments made by |
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686 | 668 | | the President Pro Tempore of the Senate or the Speaker of the House |
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717 | 698 | | file a final ballot title with the Secretary of State no later than |
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718 | 699 | | fifteen (15) business days after furnishing the preliminary ballot |
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719 | 700 | | title; and |
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720 | 701 | | 2. After receipt of the measure and the official ballot title, |
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721 | 702 | | as certified by the Attorney General, the Secretary of State shall |
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722 | 703 | | within five (5) days transmit to the Secretary of the State Election |
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723 | 704 | | Board an attested copy of the measure, including the official ballot |
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724 | 705 | | title. |
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725 | 706 | | D. The following procedure shall apply to ballot titles of |
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726 | 707 | | referendums ordered by a petition of the people or any measure |
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727 | 708 | | proposed by an initiative petition: |
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728 | 709 | | 1. After the filing of the signed referendum petitions or the |
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729 | 710 | | signed initiative petitions, the Secretary of State shall submit the |
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730 | 711 | | proposed separate ballot title to the Attorney General for review as |
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731 | 712 | | to legal correctness. Within five (5) business days after the |
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732 | 713 | | receipt of the ballot title, the Attorney General shall, in writing, |
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733 | 714 | | notify the Secretary of State whether or not the proposed ballot |
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734 | 715 | | title complies with applicable laws. The Attorney General shall |
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735 | 716 | | state with specificity any and all defects found and, if necessary, |
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736 | 717 | | within ten (10) business days of determining that the proposed |
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768 | 748 | | law, by the Attorney General, the Secretary of State shall, if no |
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769 | 749 | | appeal is filed, transmit to the Secretary of the State Election |
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770 | 750 | | Board an attested copy of the measure, including the official ballot |
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771 | 751 | | title, and a certification that the requirements of this section |
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772 | 752 | | have been met. If an appeal is taken from such ballot title within |
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773 | 753 | | the time specified in Section 10 of this title, then the Secretary |
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774 | 754 | | of State shall certify to the Secretary of the State Election Board |
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775 | 755 | | the ballot title which is finally approved by the Supreme Court. |
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776 | 756 | | SECTION 5. NEW LAW A new section of law to be codified |
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777 | 757 | | in the Oklahoma Statutes as Section 28 of Title 34, unless there is |
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778 | 758 | | created a duplication in numbering, reads as follows: |
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779 | 759 | | The provisions of this act shall be severable and if any |
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780 | 760 | | section, subsection, sentence , or clause of this act is for any |
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781 | 761 | | reason held to be invalid such holding shall not affect the validity |
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782 | 762 | | of the remaining portions thereof. |
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783 | 763 | | SECTION 6. NEW LAW A new section of law not to be |
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784 | 764 | | codified in the Oklahoma Statutes reads as follows: |
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785 | 765 | | Upon the effective date of this act, the provisions shall be |
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786 | 766 | | applicable to all initiative petitions for which the Secretary of |
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787 | 767 | | State has not previously set the date for circulation of the |
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