Latest news with #SB1027
Yahoo
2 days ago
- Politics
- Yahoo
Lawsuits filed after drastic changes to initiative petition process
OKLAHOMA CITY (KFOR) – Two lawsuits were filed after drastic changes were made by lawmakers to the initiative petition process in Oklahoma. 'I think they took the idea of direct democracy away from everyday rural Oklahomans, and it offended me,' said Craig McVay, a rural Oklahoma voter. McVay is listed as a plaintiff in one of the lawsuits. He is one of many who joined in on the lawsuit. Senate Bill 1027 went into effect at the end of the legislative session. It was authored by State Sen. David Bullard (R-Durant) and prevents more than 10% of required signatures from coming from Oklahoma or Tulsa counties. Stitt signs bill limiting Oklahomans' access to support ballot initiative petitions Meanwhile, each of the state's 75 other counties, most of which are rural, are capped at 4% of total signatures. The lawsuit was filed as McVay et al. v. Cockroft and Drummond and challenges SB 1027's constitutionality. Supporters of SB 1027 have long argued that the reason it was needed was to give rural Oklahomans more of a voice when it came to signature gathering. 'I've checked a box in every rural part of the state and have been a part of the process the entire time. Now I feel like the legislature just took a swipe at me, and I don't like that,' said McVay. 'I can't imagine having to try to defend this law. It, quite frankly, is indefensible,' said Amber England of Strategy 77. England has led the way for many initiative petitions over the years and fought at the Capitol when SB 1027 was being discussed by lawmakers. 'We hope the court acts quickly to throw this out so that there's no longer uncertainty,' said England. According to Strategy 77, key constitutional arguments in the lawsuit include: County-Based Signature Caps: Senate Bill 1027 limits how many signatures can be collected in each county, violating Article V, Section 2 of the Oklahoma Constitution and the Equal Protection Clause by creating arbitrary distinctions among voters. Gist Language Approval: The law gives the Secretary of State, an unelected, politically appointed position, unchecked authority to approve or reject petition summaries, violating the separation of powers and placing unconstitutional restraints on free speech. Circulation and Funding Restrictions: Senate Bill 1027 mandates circulation and funding restrictions that courts have repeatedly struck down as violations of the First Amendment. Special Laws and Unequal Treatment: The law singles out initiative and referendum proponents for restrictions not imposed on candidates, opponents, or other political campaigns. 'It takes away power from Oklahoma voters. And I hope that the court will understand that and see that for what it is,' said England. On that lawsuit, Attorney General Gentner Drummond and Secretary of State Josh Cockroft are listed. The other lawsuit filed was brought on by supporters of State Question 836. They said that they are challenging the retroactive application of Senate Bill 1027. In their press release, they said that SQ 836 would establish an open primary system in Oklahoma, allowing all voters, regardless of party, to vote in primary elections. The measure was filed in January of 2025 and is currently pending before the Oklahoma Supreme Court. News 4 reached out to the AG's office and the Secretary of State's Office Friday and have not heard back yet. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
3 days ago
- Politics
- Yahoo
Open primary proponents challenge Oklahoma law capping initiative petition signatures
Open primary supporters in Oklahoma have filed two lawsuits in the Oklahoma Supreme Court challenging a new state law that limits the number of initiative petition signatures that can be collected from a single county. One lawsuit asks the court to declare the "retroactive provision" of Senate Bill 1027 unconstitutional. The other lawsuit challenges the overall constitutionality of the bill. SB 1027, authored by Sen. David Bullard, R-Durant, mandates that the maximum number of signatures from a single county cannot exceed 11.5% of the number of votes cast in the most recent gubernatorial election. For constitutional amendments, that maximum number is 20.8%. Opponents contend those limits disenfranchise voters, particularly in urban areas. More: Senate passes bill that places new restrictions on initiative petitions Republican Gov. Kevin Stitt signed the bill into law, which was a priority for many GOP lawmakers this legislative session, on Friday, May 23. It took effect immediately. The bill comes as proponents of open primaries await a start date to begin collecting signatures for State Question 836, a measure that would open Oklahoma primary elections to all voters, with the top two candidates advancing to the general election. 'You don't have to agree with SQ 836 to see what's happening here is wrong,' said Dr. Ken Setter, a proponent of SQ 836 and a plaintiff in both lawsuits. 'Politicians should not be attempting to stop this measure by sabotaging it with unconstitutional laws. They should let the voters decide." The lawsuit challenging the bill's "retroactive" provision asks the court to temporarily block the law during litigation, arguing that attempting to comply with SB 1027 during such time will jeopardize signature-gatherers' ability to collect enough signatures to qualify their measure for the ballot. Supporters of SB 1027 have argued that the current process for state questions leaves out rural Oklahomans. In May, Senate Pro Tempore Lonnie Paxton, R-Tulsa, said the bill gives more Oklahomans a voice in what qualifies for the ballot because signatures can't come solely from the state's biggest metro areas. Along with signature limits in single counties, SB 1027 also requires a petition's gist to be written in basic words explaining the measure. It requires petition circulators to be registered voters in Oklahoma and disclose the organization that's paying them. "All Oklahomans should know what they are voting on and who [is] behind the initiatives being pushed," Paxton, a co-author on the bill, said at the time. "I don't know how more transparency and more voices being heard in the process is a bad thing." Paxton, Bullard and House Speaker Kyle Hilbert, R-Bristow, did not immediately respond to a request for comment on the legal challenges. Anthony Stobbe, a plaintiff in both lawsuits and a registered independent, said that as a retired U.S. Coast Guard Commander, he served his country, "not a political party." He added that being politically independent is important to him, along with thousands of other veterans and active-duty military across Oklahoma. "Not being able to vote in Oklahoma's most meaningful elections is a slap in the face," Stobbe said in a news release. "Having an unconstitutional law try to block the very state question meant to fix that problem is even worse.' The lawsuit challenging SB 1027's overall constitutionality argues that the law infringes on the rights of Oklahomans to propose amendments to the state constitution through referendums. It also claims the law threatens restrictions on legislative authority, separation of powers, equal protection and political speech and association." 'Senate Bill 1027 is an outright attack on the people's right to govern themselves,' said Amy Cerato, a well-known opponent of the ACCESS Oklahoma turnpike project. 'I've been organizing to hold the government accountable for years, and I've never seen such a blatant power grab to silence Oklahomans' voices. This law is designed to make direct democracy in Oklahoma impossible.' This article originally appeared on Oklahoman: Two lawsuits challenge Oklahoma's new initiative petition restrictions
Yahoo
27-05-2025
- General
- Yahoo
Legal challenge expected after Oklahoma governor approves initiative petition restrictions
Oklahoma United Founder Margaret Kobos speaks Nov. 19 at a press conference supporting State Question 835, now called 836, that would let voters decide if the state's primary system should be open. (Photo by Barbara Hoberock/Oklahoma Voice) OKLAHOMA CITY – A legal challenge is expected after Gov. Kevin signed a measure that puts more restrictions on the process voters use to get issues on the ballot. Critics said Senate Bill 1027, by Sen. David Bullard, R-Durant, is an unconstitutional effort to limit Oklahomans' ability to utilize the state's initiative petition process, while supporters said it is necessary to ensure more input from rural counties and to prevent fraud. 'SB 1027 is bad policy,' said Margaret Kobos, founder and CEO of Oklahoma United. 'It suppresses voter input, makes it harder for Oklahomans to hold their elected officials accountable, and sends the message that those in power don't trust the people who put them there. SB 1027 does nothing but prove that Oklahomans' long held distrust of state government is well-earned.' Oklahoma United is a nonpartisan group backing State Question 836 seeking to open Oklahoma primaries. Robert McCampbell, an attorney representing the three petitioners for State Question 836, has said he did an analysis of the bill and found it unconstitutional on a number of fronts. Those include banning out-of-state circulators, per-signature pay, and out-of-state political contributions. He also found that it gives judicial powers to the Secretary of State, which violates the constitution. Oklahoma United said it is preparing for a legal challenge to Senate Bill 1027, but it was not immediately clear who would file a legal challenge and no lawsuit had been filed as of Tuesday afternoon. Currently, there are no limits on where signatures can be collected. The new law, which takes effect immediately, says that to place a measure on the ballot that would change a state statute, no more than 11.5% of the votes cast in the most recent gubernatorial election could come from a single single county. The threshold increases to 20.8% for a constitutional amendment. Those seeking to place items on the ballot would be prohibited from paying petition circulators based on the number of signatures collected. The measure requires sources of payment to circulators to be disclosed and bars out-of-state interests from donating. Petition circulators would have to be registered voters. Finally, the measure would require a political appointee, the Secretary of State, to approve the gist, the brief summary of the ballot measure that voters see at the top of the signature sheet. Bullard did not immediately respond to a request for comment. It is already extremely difficult for citizens to place measures on the ballot, but voters have successfully used the initiative petition process to circumvent legislators and expand Medicaid, legalize medical marijuana and make reforms to the state's criminal justice system. Raise the Wage Oklahoma collected enough signatures to get State Question 832 seeking to increase the minimum wage on the June 16, 2026 ballot. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
14-05-2025
- Politics
- Yahoo
Oklahomans speak out, write letters against bill restricting statewide ballot initiatives
OKLAHOMA CITY (KFOR) – For three straight days, peaceful demonstrators have stood outside the Oklahoma State Capitol holding signs against Senate Bill 1027. 'It makes it virtually impossible for a ballot initiative to work,' said Dan Epstein, a peaceful protestor. The group was forced to stand behind a locked door after camping out near a set of doors on the Capitol grounds Monday. 'We were well within our First Amendment rights,' said Christy Taylor, a peaceful protestor. 'We had a group of troopers that came out requesting that we leave. We refused to. The Capitol Police came out and actually told us that we had permission to be out there.' SB 1027 would change the state's initiative petition process by restricting the number of Oklahomans who can sign a petition to put an issue on a statewide ballot. It has already been successful in expanding Medicaid and allowing medical marijuana in the state. The bill must get approval one last time on the Senate floor before it heads to Governor Kevin Stitt's desk. It was expected to be heard on the floor Tuesday but was pulled from the agenda at the last minute. It was not heard on the floor on Wednesday. Speaker of the House Kyle Hilbert (R-Bristow) said most of the signatures to get recent measures on statewide ballots have come from Oklahoma and Tulsa counties, which was why he felt the legislation was necessary. 'Current law is making it where rural residents are disenfranchised from the process of Initiative Petition gathering process,' said Hilbert. Restrictions to Initiative Petition process passes another hurdle Those opposed to the measure said it did the opposite. 'This takes power away from every voter in every county,' said Amber England, Initiative Petition advocate. According to the bill, the number of signatures needed per county is based off election results from the last statewide general election for Governor. Under the current law, every voter in the state can sign a petition to put a question on a ballot. If the bill passes it would limit that number. Harmon and Cimarron counties are in rural Oklahoma. Cimarron County currently has 1,414 registered voters. Under the new bill, only 84 of those voters could sign a petition. There are 1,442 registered voters in Harmon County but the signatures of only 75 voters would be allowed. 'So 94% of the voters in Harmon County will actually be disenfranchised. So it is a myth to say that this is helping rural Oklahoma,' said England. Senate Democratic leaders said more than 1,800 Oklahomans in all 77 counties have written petition letters against the move. They said the will have supporters join them to hand deliver the letters to the Governor who could use his veto powers. 'We're going to have them all printed and ready to go, and we're going to deliver them with anyone who can show up with us,' said Sen. Julia Kirt, D-Oklahoma City. If you would like to learn more about the petition letters for the Governor, click here. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
07-05-2025
- Politics
- Yahoo
Bill capping petition signatures from a single county advances from Oklahoma House
State House lawmakers have advanced a version of a closely-watched bill that would overhaul Oklahoma's initiative petition process. Versions of Senate Bill 1027 have now passed both the Oklahoma Senate and House of Representatives, but the Senate now has the final say on whether to send the bill to the governor. State questions, also called ballot questions or initiative petitions, can be put to a statewide vote if enough voters sign the petition. The bill would limit how many signatures can be collected from voters living in each county. Supporters say the change is needed to ensure rural Oklahomans have more of a say in their government. But opponents have argued SB 1027 will discount the voices of people who live in metro areas and make it harder for petition campaigns to succeed. House Speaker Kyle Hilbert is the co-author on legislation to cap the number of initiative petition signatures that can be collected in each county. House Speaker Kyle Hilbert, R-Bristow, who shepherded the bill through his side of the Oklahoma Capitol on May 7, cited numbers from a recently circulated petition that showed 68% of signatures came from Oklahoma and Tulsa Counties, the state's two most populous counties. "You know how much the actual population of the state that is? That's 36.4%," Hilbert said. "For all this 'woe is me' about the metros, the metros are getting double the say of the rest of the state under the current process." During the House debate on the bill, state Rep. Andy Fugate, D-Oklahoma City, argued that the bill harms Oklahomans' ability to change their own laws. "When state questions are proposed, whether we propose them or the people propose them, ultimately the people decide. This body should be making it easier for people to put something on the ballot," Fugate said. "This particular measure should have gone to a vote of the people. If we're going to take away their power, they should decide that – not us." The House version of the bill is mostly the same as the version that left the Senate in March. One significant difference, however, is how the signature limits are calculated. Instead of limiting the collection of signatures to a percentage of registered voters in that county, the version passed by the House sets the limit based on the number of people who actually voted in the most recent gubernatorial election. More: Read the current version of SB 1027 adopted by the Oklahoma House (PDF) For example, initiative petition campaigns hoping to get their proposal on the ballot could only collect 25,593 signatures from Oklahoma County voters, and about 22,000 from Tulsa County voters. To succeed, they would need to find about 44,000 more signatures from less-populated counties. To propose a more permanent change to the state constitution, Oklahoma and Tulsa County voters could only provide about half the number of signatures needed to get it on the ballot. The House voted 69-23 to pass the bill. It was a party-line vote except six Republicans, mostly from urban districts, joined 17 Democrats in opposition. If the Senate agrees to the amendments approved by the House, it would then be up to Gov. Kevin Stitt to make a final decision on whether it should become law. This article originally appeared on Oklahoman: Oklahoma initiative petition signature limit bill advances in House
