Pierce v. Cartwright

1981 OK 151, 638 P.2d 450, 1981 Okla. LEXIS 332
CourtSupreme Court of Oklahoma
DecidedDecember 8, 1981
DocketNos. 57411, 57408
StatusPublished
Cited by6 cases

This text of 1981 OK 151 (Pierce v. Cartwright) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pierce v. Cartwright, 1981 OK 151, 638 P.2d 450, 1981 Okla. LEXIS 332 (Okla. 1981).

Opinion

BARNES, Vice Chief Justice:

Case No. 57,411 and Case No. 57,408 are hereby consolidated for merit determination by this Court under the surviving number of 57,411.

[452]*452This is an appeal by Appellants upon the question of the sufficiency of the proposed ballot title submitted by the Attorney General upon State Question Number 556, Initiative Petition Number 317.

The Attorney General filed motions to dismiss these cases on the grounds that (1) the substitute ballot title prepared by the Attorney General was sufficient and should therefore be approved and adopted by this Court; (2) that Appellant, Jerry T. Pierce, lacked standing to bring this appeal; (3) that no appeal is permitted from the action of the Attorney General in a ballot title matter; and (4) that State Question Number 556, Initiative Petition Number 317, had not been lawfully propounded.

We decline to dismiss this appeal. As will be discussed further later, the Attorney General’s first allegation is without merit because his substitute ballot title is legally insufficient, as it is deceptive and misleading. The Attorney General’s other three allegations in his motion to dismiss are also without merit. The Attorney General argues in his motion to dismiss that only “persons” under 34 O.S.Supp.1975, § 10(A), have standing to bring a ballot title appeal, and that the Appellant is not Jerry T. Pierce but the Bipartisan Committee for Fair Redistricting, and therefore not a “person” within the meaning of the statute. The petition, however, reflects that Jerry T. Pierce, as a person and as Chairman of the Committee, is clearly named and separately identified as one of the petitioners who filed the petition for review of Initiative Petition Ballot Title, and thus has standing to bring this appeal.

The Attorney General further argues in his motion to dismiss that Appellant, Jerry T. Pierce, is appealing the ruling of the Attorney General in disapproving the title submitted by the proponent and not appealing from the title prepared by the Attorney General, and thus Appellant Jerry T. Pierce’s appeal is unauthorized by* law.1 Appellant’s petition clearly reflects that he is appealing the ballot title proposed by the Attorney General on the grounds that it does not comply with requirements set out in 34 O.S.Supp.1975, § 9(A), i.e., it does not “contain the gist of the proposition couched in language that may be readily understood by persons not engaged in the practice of law.”

Lastly, the Attorney General contends in his motion to dismiss that the unincorporated voluntary association of the Bipartisan Committee for Fair Redistricting is the proponent of the Initiative Petition Number 317 and is not a citizen pursuant to the requirement of 34 O.S.Supp.1975, § 8, which provides that only citizens may commence an initiative measure. As shown by submittal letters of August 31, 1981, State Question Number 556, Initiative Petition Number 317, was propounded and filed on August 31, 1981, by Jerry T. Pierce, expressly “for himself and all other interested citizens of Oklahoma”, thus the initiative measure was lawfully propounded.

For all of the above stated reasons, the Attorney General’s motion to dismiss is hereby denied. Since all parties adequately briefed the merits of this appeal as to the sufficiency of the Attorney General’s substitute ballot title in the motion to dismiss and responses thereto, no further briefs in this case would be of any benefit. We therefore proceed to the merit determination of whether the substitute ballot title submitted by the Attorney General was sufficient under the requirements of 14 O.S. Supp.1975, § 9(A).2

[453]*453The substitute ballot title filed by the Attorney General is as follows:

“THE GIST OF THE PROPOSITION IS AS FOLLOWS:
Shall a statute relating to Congressional Districts:
REPEALING PRIOR STATE LEGISLATION WHICH ESTABLISHED AND FIXED THE BOUNDARIES OF CONGRESSIONAL DISTRICTS; CREATING NEW CONGRESSIONAL DISTRICTS AND FIXING THEIR BOUNDARIES; AND, PROVIDING AN EXCEPTION FROM ITS OPERATION FOR ANY OTHER GOVERNMENTAL ENTITIES WHOSE MEMBERSHIP IS BASED UPON EXISTING CONGRESSIONAL DISTRICTS CREATED BY PRIOR LAW
be adopted by the people?
SHALL THE PROPOSED STATUTE BE APPROVED?
□ YES - FOR THE STATUTE
□ NO - AGAINST THE STATUTE”

The ballot title offered by the Appellant, Jerry T. Pierce, is as follows:

“THE GIST OF THE PROPOSITION IS AS FOLLOWS:
Shall a statute:
WHICH (1) REPEALS THE CONGRESSIONAL DISTRICTS AND BOUNDARIES CREATED BY THE STATE LEGISLATURE IN 1981, AND (2) CREATES NEW CONGRESSIONAL DISTRICTS AND BOUNDARIES
be approved by the people?
SHALL THE PROPOSED STATUTE BE APPROVED?
□ YES - FOR THE STATUTE
□ NO - AGAINST THE STATUTE”

The ballot title offered by Appellant, Kenneth R. Nance, is as follows:

“THE GIST OF THE PROPOSITION IS AS FOLLOWS:
Shall a statute:
REPEALING EXISTING LAW THAT ESTABLISHES BOUNDARIES FOR OKLAHOMA’S CONGRESSIONAL DISTRICTS; ESTABLISHING DIFFERENT BOUNDARIES FOR CONGRESSIONAL DISTRICTS AND THE DISTRICTS FOR THE JUDGES OF THE APPELLATE COURT; PROVIDING FOR THE CONTINUED OPERATION OF STATE ENTITIES WHOSE MEMBERSHIP IS BASED UPON THE EXISTING CONGRESSIONAL DISTRICTS; PROVIDING THAT THE LEGISLATURE IS TO CORRECT ANY ERROR IN SUCH STATUTE THAT RESULTS IN AN AREA BEING PLACED IN A CONGRESSIONAL DISTRICT TO WHICH IT IS NOT CONTIGUOUS; MAKING EFFECTIVE THE NEW CONGRESSIONAL DISTRICTS IN JANUARY 1983 AND REQUIRING 1982 CONGRESSIONAL ELECTIONS TO BE HELD IN SUCH DISTRICTS; AND DIRECTING THE STATE ELECTION BOARD TO COMPLY WITH ITS PROVISIONS
be approved by the people?
SHALL THE PROPOSED STATUTE BE APPROVED?
□ YES - FOR THE STATUTE
□ NO - AGAINST THE STATUTE”

With the exception of the phrase, “PROVIDING AN EXCEPTION FROM ITS OPERATION FOR ANY OTHER GOVERNMENTAL ENTITIES WHOSE MEMBERSHIP IS BASED UPON EXISTING CONGRESSIONAL DISTRICTS CREATED BY PRIOR LAW”, the substitute ballot title filed by the Attorney General substantially gives the gist of the proposition stated in the initiative petition.

We are of the opinion that the above quoted phrase is deceptive and misleading and therefore insufficient under the law.3

State Question Number 556 provides in Section 3 as follows:

“SECTION 3. This act shall not affect the operation of any board, commission or other entity whose membership is based upon Congressional Districts which have heretofore been created by law.”

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Related

In Re Initiative Petition No. 347 State Question No. 639
1991 OK 55 (Supreme Court of Oklahoma, 1991)
In Re Initiative Petition No. 317, Etc.
648 P.2d 1207 (Supreme Court of Oklahoma, 1982)
Bellmon v. Albert
1982 OK 78 (Supreme Court of Oklahoma, 1982)
In Re Initiative Petition No. 315, State Question No. 553
649 P.2d 545 (Supreme Court of Oklahoma, 1982)

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Bluebook (online)
1981 OK 151, 638 P.2d 450, 1981 Okla. LEXIS 332, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pierce-v-cartwright-okla-1981.