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Controversial Oklahoma law affecting ballot initiatives draws legal challenges
Controversial Oklahoma law affecting ballot initiatives draws legal challenges

Yahoo

time2 hours ago

  • Politics
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Controversial Oklahoma law affecting ballot initiatives draws legal challenges

File boxes containing the signatures of supporters of an initiative petition to increase the state's minimum wage are stacked Sept. 15, 2024, in front of an Oklahoma City building. (Photo courtesy of Raise the Wage Oklahoma) OKLAHOMA CITY – Legal challenges were filed Wednesday aimed at a recent law that puts more restrictions on the process voters use to get issues on the ballot. The suits were filed with the Oklahoma Supreme Court. Gov. Kevin Stitt in May signed Senate Bill 1027, which took effect immediately. The new law requires those circulating a petition for a statutory change to get signatures that amount to no more than 11.5% of the votes cast in a single county in the most recent gubernatorial election. The threshold increases to 20.8% for a constitutional amendment. The law effectively forces signature gatherers to visit several Oklahoma counties rather than concentrating on high-population areas. Prior to the law, there were no restrictions or caps on signatures from any county. Under the new law, those seeking to place items on the ballot would be prohibited from paying petition circulators based on the number of signatures collected. The law 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. It requires a political appointee, the Secretary of State, to approve the gist, which is the brief summary of the ballot measure that voters see at the top of the signature sheet. One suit challenges the overall constitutionality of the law, saying it imposes an undue burden. The suit seeks to put the law on hold until the legal dispute is resolved. It says the law effectively nullifies 'the right of the initiative petition' and violates the First Amendment. It slashes the available signature pool by 95%, 'making ballot qualification virtually impossible while advancing no legitimate state interest,' the suit said. The suit was filed by two proponents of State Question 836, which seeks to make Oklahoma primaries open. A rural voter and a member of a group that has been highly critical of plans to build a turnpike in the Norman area also are plaintiffs. Secretary of State Josh Cockroft and Oklahoma Attorney General Gentner Drummond as defendants in both suits. The second suit challenges the ability to make the law retroactive. A petition seeking to open the state's primaries, State Question 836, is already in the works and was filed before the measure became law. 'This law doesn't just bend the rules in favor of powerful politicians — it breaks them entirely for Oklahoma voters,' said Dr. Ken Setter, a plaintiff in both suits and proponent of State Question 836. 'Oklahoma's Constitution gives us the right to petition our government. Senate Bill 1027 strips that right away.' The new law gives the executive branch veto power over citizen initiatives, the suit said. The measure makes it more difficult and costly to get an issue on the ballot and would deter future efforts, the suit said. When State Question 836 was filed, there were no geographic requirements for signatures and no caps, the suit said. 'Retroactive application of SB 1027 substantially undercuts Oklahoma citizens' ability to exercise their reserved right of initiative petition,' the suit says. The initiative petition process has been used to expand Medicaid, enact criminal justice reform and legalize medical marijuana. Lawmakers have repeatedly declined to expand Medicaid or legalize medical marijuna. Supporters of the new law have said it is needed to garner more input from rural counties and to prevent fraud. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX SUPPORT: YOU MAKE OUR WORK POSSIBLE

Legal challenge expected after Oklahoma governor approves initiative petition restrictions
Legal challenge expected after Oklahoma governor approves initiative petition restrictions

Yahoo

time27-05-2025

  • General
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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

Concerned Oklahomans call bill ‘unconstitutional'; restricts signatures for ballot measures
Concerned Oklahomans call bill ‘unconstitutional'; restricts signatures for ballot measures

Yahoo

time22-05-2025

  • Politics
  • Yahoo

Concerned Oklahomans call bill ‘unconstitutional'; restricts signatures for ballot measures

OKLAHOMA CITY (KFOR) – State Senators voted on Wednesday to send Senate Bill 1027 to the Governor's desk, passing 39-7. The bill reforms the state's initiative petition process, which allows voters to sign a petition to have a statewide question on the ballot. It restricts the number of voters who can sign a petition in each county. A row of upset Oklahomans were seated in the gallery Wednesday to listen to lawmakers question and debate the measure. Senate Democrats said the move would silence Oklahomans while giving more power to the legislature.'It's a power grab,' said Sen. Mark Mann (D-Oklahoma City). 'It takes power away from everyday Oklahoma voters.' PREVIOUS COVERAGE: Restrictions to Initiative Petition process passes another hurdle Senator Carri Hicks (D-Oklahoma City) argued the bill was unconstitutional.'This bill threatens something fundamental; our freedom as Oklahomans,' said Hicks. Senator David Bullard (R-Durant) authored the bill. He said he has been working on legislation that reforms the initiative petition process for three years. 'I'm not ending anything,' said Bullard. 'I'm putting guardrails to protect people.' Bullard said the bill would protect against the majority of signatures coming from two of the state's largest counties; Oklahoma and Tulsa.'This forces them out to 18 or 20 different counties, don't even force them out to all 77 counties,' said Bullard. Conversations between lawmakers became heated as they discussed how the bill could limit the voice of the people.'This is very harmful for Oklahomans and their ability to be a part of a process that has been in place for 118 years,' said Sen. Nikki Nice (D-Oklahoma City).'The Republic, the Republican form of government, says that you're ruled by your elected officials,' said Bullard. After the vote, Oklahomans against Senate Bill 1027 voiced their concerns. 'I don't know when I've been more frustrated,' said Cindy Alexander. She and around a dozen others joined Senate Democrats to drop off more than 2,500 signed letters to the Governor's office. The letters were from people across all 77 counties who were against the passage of the bill, hoping to convince Governor Stitt to use his veto it didn't work, frustrated Oklahomans said they had a plan. 'We fight. This goes into a lawsuit. This is an unconstitutional call,' said Jennifer Freeman. 'This is a betrayal. This is an absolute betrayal of Oklahomans. Our history, our Constitution, our rights.' Governor Stitt was asked at his Wednesday press conference if he would use his veto powers, and he did not directly answer the question. He has five days to make a decision. The bill also has an emergency clause which means it would go into effect as soon as it has been signed into law. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Bill putting restrictions on petition process heads to Oklahoma governor
Bill putting restrictions on petition process heads to Oklahoma governor

Yahoo

time21-05-2025

  • Politics
  • Yahoo

Bill putting restrictions on petition process heads to Oklahoma governor

Gov. Kevin Stitt laughs when answering a question during a press conference on Wednesday, May 21, 2025. (Photo by Janelle Stecklein/Oklahoma Voice) OKLAHOMA CITY – The Oklahoma Senate on Wednesday sent Gov. Kevin Stitt a measure that would make it more difficult for residents to put things on the ballot. Critics said the measure is an unconstitutional legislative power grab, while supporters said it is necessary to ensure more input from rural counties and prevent fraud. Currently, state law requires 97,263 signatures to get statutory changes before the voters and 172,993 for constitutional amendments. There are no restrictions on where the signatures are collected. But Senate Bill 1027 would put limits on how many signatures could come from counties. For a statute change, no more than 11.5% of votes cast in the most recent gubernatorial election could come from a single county. That signature threshold increases to 20.8% for a constitutional amendment. 'This forces them out to 18 to 20 different counties,' said Sen. David Bullard, R-Durant, the bill's author. 'It doesn't even force them out to all 77 counties. We're just asking that you go to 18 to 20 different counties to gather these signatures and get various opinions on whether or not this is something you want to do.' Oklahoma has more than 2.3 million registered voters, of which 1.15 million voters cast ballots for governor in the 2022 general election, according to the Tulsa-based Oklahoma Policy Institute. The bill's requirements would exclude 2.2 million registered voters, or 94.4% of them, from signing a petition for statutory changes, according to the organization. It would exclude 2.1 million registered voters , or 89.8% of them, from signing a petition for constitutional amendments, according to the organization. The measure would prohibit the payment to circulators based on the number of signatures collected. It would require sources of payment to circulators to be disclosed and bar out of state interests from donating. Bullard asked why Oklahomans would want 'massive liberal organizations coming in here and shoving this stuff down your throat.' It would require petition circulators to be registered Oklahoma voters. Finally, it 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. Critics say the process has been used to get needed reforms on the ballot, such as Medicaid expansion, medical marijuana legalization and criminal justice reform, when lawmakers declined to act. The bill will 'suppress and subvert what we used to know as democracy,' said Sen. Regina Goodwin, D-Tulsa. Sen. Mark Mann, D-Oklahoma City, called the measure 'a power grab.' 'It takes power away from everyday Oklahoma voters,' he said 'It silences the voice of everyday citizens.' Mann said the bill is likely unconstitutional and violates a U.S. Supreme Court ruling that says out-of-state money from corporations can be spent on elections and ballot initiatives. He said the artificial signature cap also discriminates against voters in Oklahoma and Tulsa counties, whose residents combined make up 40% of the state's population, but can comprise only 23% of the total signatures collected. 'It violates the one person one vote principle,' he said.' Senate Minority Leader Julia Kirt, D-Oklahoma City, said the measure establishes barriers that make it nearly impossible to get issues on the ballot. Bullard said the state Constitution says laws shall prevent corruption in the referendum process. 'Let me be very clear,' Bullard said. 'If you are willing to go to two or three counties to gather those signatures and completely willing to completely ignore 97.5% of the state counties, that's corruption.' The measure passed by a vote of 39-7. Stitt said Wednesday that he will review the measure before deciding whether to sign it. He said it is easier to get something on the ballot in Oklahoma than in other states, and lawmakers are trying to find a balance. It would become effective immediately with Stitt's signature. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX SUPPORT: YOU MAKE OUR WORK POSSIBLE

Oklahomans speak out, write letters against bill restricting statewide ballot initiatives
Oklahomans speak out, write letters against bill restricting statewide ballot initiatives

Yahoo

time14-05-2025

  • 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.

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