Oklahoma 2025 Regular Session

Oklahoma Senate Bill SB1027 Compare Versions

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29-HOUSE OF REPRESENTATIVES - FLOOR VERSION
30-
3128 STATE OF OKLAHOMA
3229
3330 1st Session of the 60th Legislature (2025)
3431
3532 COMMITTEE SUBSTITUTE
3633 FOR ENGROSSED
3734 SENATE BILL NO. 1027 By: Bullard, Paxton, Jett ,
3835 McIntosh, Deevers,
3936 Grellner, Hines, Hamilton,
40-Prieto, Alvord, Gilles pie,
41-Stewart, and Pederson of
42-the Senate
37+Prieto, Alvord, and
38+Gillespie of the Senate
4339
4440 and
4541
46- Hilbert, West (Kevin),
47-Adams, and Steagall of the
48-House
42+ Hilbert of the House
43+
4944
5045
5146
5247
5348 COMMITTEE SUBSTITUTE
5449
5550 An Act relating to initiative and referendum;
5651 amending 34 O.S. 2021, Sections 3, 6, 8, as amended
5752 by Section 1, Chapter 364, O.S.L. 2024, and 9 (34
5853 O.S. Supp. 2024, Section 8), which relate to
5954 signatures for petitions and ballot title; making
6055 language gender neutral; establishing requirements
6156 for gist of proposition; requiring inclusion of
6257 certain statement on petition; requiring Secretary of
6358 State to make affirmation about certain language;
6459 authorizing certain removal for violation; adding
6560 qualification for persons circulating petition for
6661 signatures; requiring certain notice; providing that
6762 signature serves as certain attestation; requiring
6863 Secretary of State to establish procedures for
6964 removal of certain signatures; requiring certain
7065 disclosures; establishing requirements for certain
7166 contributions or compensation; requiring report of
7267 certain expenditures; requiring publication of
7368 certain reports on Secretary of State website;
7469 modifying requirements for certain signatu res;
7570 updating certain vote requirement; updating statutory
71+reference; adding requirement for ballot title;
72+updating statutory language; specifying applicability
73+of provisions; providing for severability; providing
7674
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103-reference; adding requirement for ballot title;
104-updating statutory language; specifying applicability
105-of provisions; providing for severability; providing
106100 for noncodification; providing for codification; and
107101 declaring an emergency.
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113106 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
114107 SECTION 1. AMENDATORY 34 O.S. 2021, Section 3, is
115108 amended to read as follows:
116109 Section 3. A. Each initiative petition and each referendu m
117110 petition shall be duplicated for the securing of signatures. The
118111 Secretary of State shall design a form, subject to change, for
119112 signatures that shall be used by proponents of initiatives or
120113 referendums when collecting signatures, and each sheet for
121114 signatures shall be attached to a copy of the petition. Each copy
122115 of the petition and sheets for signatures is hereinafter termed a
123116 pamphlet. On the outer page of each pamphlet shall be printed the
124117 word “Warning”, and underneath this in ten -point type the words, “It
125118 is a felony for anyone to sign an initiative or referendum petition
126119 with any name other than his or her own, or knowingly to sign his or
127120 her name more than once for the measure, or to sign such petition
128121 when he or she is not a legal voter of this state.” A simple
129122 statement of the gist of the proposition shall be printed on the top
130123 margin of each signature sheet and shall:
124+1. Explain in basic words, which can be easily found in
125+dictionaries of general usage, the effect of the proposition;
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158-1. Explain in basic words, whi ch can be easily found in
159-dictionaries of general usage, the effect of the proposition;
160152 2. Not contain any words which have a special meaning for a
161153 particular profession or trade not commonly known to the citizens of
162154 this state;
163155 3. Not contain euphemisms, words, or phrases regarded in
164156 popular parlance as code words, or an apparent attempt to deceiv e
165157 voters;
166158 4. Not reflect partiality in its composition or contain any
167159 argument for or against the measure; and
168160 5. Indicate whether a proposed measure will have a fiscal
169161 impact on the state and if so, the potential source of funding
170162 including, but not lim ited to, federal funding or legislative
171163 appropriation which may require imposition of a new tax, increase of
172164 an existing tax, or elimination of existing services.
173165 B. A statement shall be printed under the gist of the
174166 proposition that provides notice that a copy of the petition and all
175167 signatures on such petition are public records subject to the
176168 Oklahoma Open Records Act.
177169 C. The Secretary of State shall affirm that any gist conforms
178170 with the requirements of this section. The Secretary may remove any
179171 gist that violates the requirements of this section and direct the
180172 proponents of the petition to submit a gist that complies with all
181173 the requirements of this section .
174+SECTION 2. AMENDATORY 34 O.S. 2021, Section 6, is
175+amended to read as follows:
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209-SECTION 2. AMENDATORY 34 O.S. 2021, Section 6, is
210-amended to read as follows:
211202 Section 6. Any person who circulates a sheet of said the
212203 petition shall be a registered voter of this state and shall verify
213204 the signatures included on any signature sheets he or she circulates
214205 by executing his or her affidavit thereon and as a part thereof.
215206 The Secretary of State shall cause to be affixed onto the back of
216207 the signature form an affidavit, subject to change, for the
217208 circulator to verify the signatures.
218209 State of Oklahoma, )
219210 ) ss.
220211 County of ________ )
221212 I, ______, being first duly sworn, say: That I am at least
222213 eighteen (18) years old , a registered voter of this state, and that
223214 all signatures on the signature sheet were signed in my presence; I
224215 believe that each has stated his or her name, mailing address,
225216 county of residence, and date of birth associated with his or her
226217 Oklahoma voter registration record, and that each signer is a legal
227218 voter of the State of Oklahoma and county of ______ or of the city
228219 of ______ (as the case may be). (Signature and complete address of
229220 affiant.)
230221 Subscribed and sworn to before me this ________ day of ________ A.D.
231222 20__.
223+(Signature and title of the Oklahoma notarial officer before
224+whom oath is made, and his or her complete address, commission
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259-(Signature and title of the Oklahoma notarial officer before
260-whom oath is made, and hi s or her complete address, commission
261251 number and expiration date, and official Oklahoma notary p ublic
262252 seal.)
263253 SECTION 3. AMENDATORY 34 O.S. 2021, Section 8, as
264254 amended by Section 1, Chapter 364, O.S.L. 2024 (34 O.S. Supp. 2024,
265255 Section 8), is amended to read as follows:
266256 Section 8. A. When a citizen or citizens desire to circu late a
267257 petition initiating a proposition of any nature, whether to become a
268258 statute law or an amendment to the Oklahoma Constitution, or for the
269259 purpose of invoking a referendum upon legislative enactments, such
270260 citizen or citizens shall, when such petitio n is prepared, and
271261 before the same is circulated or signed by electors, file a true and
272262 exact copy of same in the office of the Secretary of State and shall
273263 at the same time file a separate ballot title, which shall not be
274264 part of or printed on the petitio n.
275265 B. It shall be the duty of the Secretary of State to cause to
276266 be published, in at least one newspaper of general circulation in
277267 the state, a notice of such filing and the apparent sufficiency or
278268 insufficiency of the petition, and shall include notice t hat any
279269 citizen or citizens of the state may file a protest as to the
280270 constitutionality of the petition, by a written notice to the
281271 Supreme Court and to the proponent or proponents filing the
282272 petition. Any such protest must shall be filed within ninety (9 0)
273+days after publication. A copy of the protest shall be filed with
274+the Secretary of State.
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310-days after publication. A copy of the protest shall be filed with
311-the Secretary of State.
312301 C. Upon the filing of a protest to the petition, the Supreme
313302 Court shall then fix a day, not less than ten (10) business days
314303 thereafter, at which time it will h ear testimony and arguments for
315304 and against the sufficiency of such petition.
316305 D. A protest filed by anyone hereunder may, if abandoned by the
317306 party filing same, be revived within five (5) business days by any
318307 other citizen. After such hearing the Supreme Court shall decide
319308 whether such petition is in the form required by the statutes. If
320309 the Court is at the time adjourned, the Chief Justice shall
321310 immediately convene the same for such hearing. No objection to the
322311 sufficiency shall be considered unless it has been made and filed as
323312 herein provided.
324313 E. Signature-gathering Deadline for Initiative Petitions. When
325314 an initiative petition has been filed in the office of the Secretary
326315 of State and all appeals, protests , and rehearings have been
327316 resolved or the period for such has expired, the Secretary of State
328317 shall set the date for circulation of signatures for the petition to
329318 begin but in no event shall the date be less than fifteen (15) days
330319 nor more than thirty (30) days from the date when all appeals,
331320 protests, and rehearings have been resolved or have expired.
332321 Notification shall be sent to the proponents specifying the date on
333322 which circulation of the petition shall begin and that the
323+signatures are due within ninety (90) days of the date set. Any
324+person who circulates the petition to collect signatures shall be a
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361-signatures are due within ninety (90) days of the date set. Any
362-person who circulates the petition to collect signatures shall be a
363351 registered voter in this state and shall display a conspicuous
364352 notice in any location where the person is collecting signatures
365353 whether the person is being paid to circulate the petition and if
366354 so, by what person or entity. Each elector shall sign his or her
367355 name and legibly print his or her name, birth date and, address, and
368356 county of residence associated with his or her Oklahoma voter
369357 registration record. An elector’s signature shall serve as an
370358 attestation that the elector read the gist in full or that the
371359 person who solicited the elector’s signature read the gist in full
372360 to the elector. The Secretary of State shall establish procedures
373361 by which an elector can request to have his or her sign ature removed
374362 from the petition. Any petition not filed in accordance with this
375363 provision shall not be considered. The proponents of an initiative
376364 petition, any time before the final submission of signatures, may
377365 withdraw the initiative petition upon wri tten notification to the
378366 Secretary of State.
379367 F. Signature-gathering Deadline for Referendum Petitions. All
380368 signed signatures supporting a referendum petition shall be filed
381369 with the Secretary of State not later than ninety (90) days after
382370 the adjournment of the legislative session in which the measure ,
383371 which is the subject of the referendum petition , was enacted.
372+G. 1. Any person who circulates the petition to collect
373+signatures shall disclose to the Secretary of State any employer or
374+entity that is compensating the person for the circulation of the
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411-G. 1. Any person who circulates the petition t o collect
412-signatures shall disclose to the Secretary of State any employer or
413-entity that is compensating the person for the circulation of the
414401 petition. No compensation shall be based on number of signatures
415402 collected, number of signature sheets submitted, or any other
416403 similar incentives. No person or entity who does not reside or do
417404 business in this state shall contribute to or compensate a person
418405 for circulation of a petition. Any person or entity that employs a
419406 person for circulation of a petition shall follow federal labor
420407 standards; and
421408 2. Any person or entity expending funds on the circulat ion of a
422409 petition shall submit a weekly report to the Secretary of State that
423410 details such expenditures and that attests that all donated funds
424411 were received from sources in this state. The Secretary of State
425412 shall publish such reports on the Secretary’s website until the vote
426413 on the measure has occurred.
427414 H. 1. The total number of signatures collected to meet the
428415 requirements for an initiative petition or referendum petition ,
429416 amending the Oklahoma Statutes, from a single county shall not
430417 exceed eleven and five-tenths percent (11.5%) of the number of votes
431418 cast in that county during the most recent statewide general
432419 election for Governor. The State Election Board shall determine the
433420 number of votes cast in each county; and
421+2. The total number of signatur es collected to meet the
422+requirements for an initiative petition or referendum petition ,
423+amending the Oklahoma Constitution, from a single county shall not
424+exceed twenty and eight -tenths percent (20.8%) of the number of
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461-2. The total number of signatures collected to meet the
462-requirements for an initiative petition or referendum petition,
463-amending the Oklahoma Constitution, from a single county shall not
464-exceed twenty and eight-tenths percent (20.8%) of the number of
465451 votes cast in that county during the most recent statewide general
466452 election for Governor. The State Election Board shall determine the
467453 number of votes cast in each county.
468454 I. The proponents of a referendum or an initiative petition may
469455 terminate the circulation period any time during the n inety-day
470456 circulation period by certifying to the Secretary of State that:
471457 1. All signed petitions have already been filed with the
472458 Secretary of State;
473459 2. No more petitions are in circulation; and
474460 3. The proponents will not circulate any more petitions.
475461 If the Secretary of State receives such a certification from the
476462 proponents, the Secretary of State shall begin the counting and
477463 review process.
478464 H. J. When the signed copies of a petition pamphlet are timely
479465 filed, the Secretary of State shall file a cop y of the proponent’s
480466 ballot title with the Attorney General and, after conducting a count
481467 and review of the filed, signed petition pamphlets, the Secretary of
482468 State shall certify to the Supreme Court of the state:
483469 1. The total number of signatures counted pursuant to
484470 procedures set forth in this title; and
471+2. The total number of votes cast for the state office
472+receiving the highest number of votes cast Governor at the last
473+general election.
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512-2. The total number of votes cast for the state office
513-receiving the highest number of votes cast Governor at the last
514-general election.
515500 The Supreme Court shall make the determination of the numerical
516501 sufficiency or insufficiency of the signatures counted and reviewed
517502 by the Secretary of State.
518503 I. K. Upon order of the Supreme Court it shall be the duty of
519504 the Secretary of State to forthwith cause to be published, in at
520505 least one newspaper of general cir culation in the state, a notice of
521506 the filing of the signed petitions and the apparent sufficiency or
522507 insufficiency thereof, and shall also publish the text of the ballot
523508 title as reviewed and approved or, if applicable, as rewritten by
524509 the Attorney General pursuant to the provisions of subsection D of
525510 Section 9 of this title and notice that any citizen or citizens of
526511 the state may file an objection to the count made by the Secretary
527512 of State, by a written notice to the Supreme Court and to the
528513 proponent or proponents filing the petition. Any such objection
529514 must shall be filed within ninety (90) days after publication and
530515 must shall relate only to the validity or number of the signatures
531516 or a challenge to the ballot title. A copy of the objection to the
532517 count or ballot title shall be filed with the Supreme Court, the
533518 Attorney General, and the Secretary of State.
519+J. L. Upon appeal and if ordered or directed by the Supreme
520+Court, the Secretary of State shall deliver the bound volumes of
521+signatures to the Sup reme Court.
522+K. M. Upon the filing of an objection to the signature count or
523+ballot title, the Supreme Court shall resolve the objection with
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561-J. L. Upon appeal and if ordered or directed by th e Supreme
562-Court, the Secretary of State shall deliver the bound volumes of
563-signatures to the Supreme Court.
564-K. M. Upon the filing of an objection to the signature count or
565-ballot title, the Supreme Court shall resolve the objection with
566550 dispatch. The Supreme Court shall adopt rules to govern proceedings
567551 to apply to the challenge of a measure on the grounds that the
568552 proponents failed to gather sufficient signatures.
569553 L. N. If in the opinion of the Supreme Court, any objection to
570554 the count or protest to the petition is frivolous, the Court may
571555 impose appropriate sanctions, including an award of costs and
572556 attorneys attorney fees to either party as the Court deems
573557 equitable.
574558 M. O. Whenever reference is made in this act to the Supreme
575559 Court, such reference shall include the members of the Supreme
576560 Court, or any officer constitutionally designated to perfo rm the
577561 duties herein prescribed.
578562 SECTION 4. AMENDATORY 34 O.S. 2021, Section 9, is
579563 amended to read as follows:
580564 Section 9. A. When a referendum is ordered by petition of the
581565 people against any measure passed by the Legislature or when any
582566 measure is proposed by initiative petition, whether as an amendment
583567 to the Oklahoma Constitution or as a statute, it shall be the duty
584568 of the parties submitting the measure to prepare and file one copy
569+of the measure with the Secretary of State a nd one copy with the
570+Attorney General.
571+B. The parties submitting the measure shall also submit a
572+suggested ballot title to the Secretary of State which shall be
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612-of the measure with the Secretary of State and one copy with the
613-Attorney General.
614-B. The parties submitting the measure shall also submit a
615-suggested ballot title to the Secretary of State which shall b e
616599 filed on a separate sheet of paper and shall not be part of or
617600 printed on the petition. The s uggested ballot title:
618601 1. Shall not exceed two hundred words, or three hundred words
619602 if the proposed measure will have a fiscal impact on the state;
620603 2. Shall explain in basic words, which can be easily found in
621604 dictionaries of general usage, the effect o f the proposition;
622605 3. Shall not contain any words which have a special meaning for
623606 a particular profession or trade not commonly known to the citizens
624607 of this state;
625608 4. Shall not contain euphemisms, words, or phrases regarded in
626609 popular parlance as code words, or an apparent attempt to deceive
627610 voters;
628611 5. Shall not reflect partiality in its composition or contain
629612 any argument for or against the measure;
630613 5. 6. Shall contain language which clearly states that a “yes”
631614 vote is a vote in favor of the proposit ion and a “no” vote is a vote
632615 against the proposition;
633616 6. 7. Shall not contain language whereby a “yes” vote is, in
634617 fact, a vote against the proposition and a “no” vote is, in fact, a
635618 vote in favor of the proposition; and
619+7. 8. Shall indicate if a propos ed measure will have a fiscal
620+impact on the state and if so, the potential source of funding
621+including, but not limited to, federal funding or legislative
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663-7. 8. Shall indicate if a proposed measure will have a fiscal
664-impact on the state and if so, the potential source of funding
665-including, but not limited to, federal funding or legislative
666648 appropriation which may require imposition of a new tax, increase of
667649 an existing tax, or elimination of existing services.
668650 C. When a measure is proposed as a constitutional amendment by
669651 the Legislature or when the Legislature proposes a statute
670652 conditioned upon approval by the people:
671653 1. After final passage of a measure, the Secretary of State
672654 shall submit the proposed ballot title to the Attorney General for
673655 review as to legal correctness. Within five (5) business days after
674656 receipt from the Secretary of State, the Attorney General shall, in
675657 writing, notify the Secretary of State, the President Pro Tem pore of
676658 the Senate, the Speaker of the House of Representatives and the
677659 principal authors of the bill whether or not the proposed ballot
678660 title complies with applicable laws. The Attorney General shall
679661 state with specificity any and all defects found and, if necessary,
680662 within ten (10) business days of determining that the proposed
681663 ballot title is defective, prepare a preliminary ballot title which
682664 complies with the law and furnish a copy of such ballot title to the
683665 Secretary of State, the President Pro Temp ore of the Senate, the
684666 Speaker of the House of Representatives and the principal authors of
685667 the bill. The Attorney General may consider any comments made by
686668 the President Pro Tempore of the Senate or the Speaker of the House
669+of Representatives submitted w ithin five (5) business days of their
670+being furnished a copy of the preliminary ballot title. The
671+Attorney General shall respond in writing to the comments and shall
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714-of Representatives submitted within five (5) business days of their
715-being furnished a copy of the preliminary ballot title. The
716-Attorney General shall respond in writing to the comments and shall
717698 file a final ballot title with the Secretary of State no later than
718699 fifteen (15) business days after furnishing the preliminary ballot
719700 title; and
720701 2. After receipt of the measure and the official ballot title,
721702 as certified by the Attorney General, the Secretary of State shall
722703 within five (5) days transmit to the Secretary of the State Election
723704 Board an attested copy of the measure, including the official ballot
724705 title.
725706 D. The following procedure shall apply to ballot titles of
726707 referendums ordered by a petition of the people or any measure
727708 proposed by an initiative petition:
728709 1. After the filing of the signed referendum petitions or the
729710 signed initiative petitions, the Secretary of State shall submit the
730711 proposed separate ballot title to the Attorney General for review as
731712 to legal correctness. Within five (5) business days after the
732713 receipt of the ballot title, the Attorney General shall, in writing,
733714 notify the Secretary of State whether or not the proposed ballot
734715 title complies with applicable laws. The Attorney General shall
735716 state with specificity any and all defects found and, if necessary,
736717 within ten (10) business days of determining that the proposed
718+ballot title is defective, prepare and file a ballot title which
719+complies with the law; and
720+2. Within ten (10) business days after completion of the review
721+and, if necessary, the filing of a ba llot title in compliance with
737722
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764-ballot title is defective, prepare and file a ballot title which
765-complies with the law; and
766-2. Within ten (10) business days after completion of the review
767-and, if necessary, the filing of a ballot title in compliance with
768748 law, by the Attorney General, the Secretary of State shall, if no
769749 appeal is filed, transmit to the Secretary of the State Election
770750 Board an attested copy of the measure, including the official ballot
771751 title, and a certification that the requirements of this section
772752 have been met. If an appeal is taken from such ballot title within
773753 the time specified in Section 10 of this title, then the Secretary
774754 of State shall certify to the Secretary of the State Election Board
775755 the ballot title which is finally approved by the Supreme Court.
776756 SECTION 5. NEW LAW A new section of law to be codified
777757 in the Oklahoma Statutes as Section 28 of Title 34, unless there is
778758 created a duplication in numbering, reads as follows:
779759 The provisions of this act shall be severable and if any
780760 section, subsection, sentence , or clause of this act is for any
781761 reason held to be invalid such holding shall not affect the validity
782762 of the remaining portions thereof.
783763 SECTION 6. NEW LAW A new section of law not to be
784764 codified in the Oklahoma Statutes reads as follows:
785765 Upon the effective date of this act, the provisions shall be
786766 applicable to all initiative petitions for which the Secretary of
787767 State has not previously set the date for circulation of the
768+petition for signatures pursuant to subsection E of Section 8 of
769+Title 34 of the Oklahoma Statutes.
770+SECTION 7. It being immediately necessary for the preservation
771+of the public peace, health or safety, an emergency i s hereby
788772
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815-petition for signatures pursuant to subsection E of Section 8 of
816-Title 34 of the Oklahoma Statutes.
817-SECTION 7. It being immediately necessary for the preservation
818-of the public peace, health or safety, an emergency is hereby
819798 declared to exist, by reason whereof this act shall take effect and
820799 be in full force from and after its passage and approval.
821800
822-COMMITTEE REPORT BY: COM MITTEE ON GOVERNMENT OVERSIGHT, dated
823-04/16/2025 - DO PASS, As Amended and Coauthored .
801+60-1-13523 MJ 04/15/25
802+
803+