§ 34-8v2 — Filing copy of proposed petition and ballot title -

Oklahoma § 34-8v2

• Jurisdiction: Oklahoma
• Title 34: Initiative And Referendum

Text

Publication - Protest - Hearing and determination. A. When a citizen or citizens desire to circulate a petition initiating a proposition of any nature, whether to become a statute law or an amendment to the Oklahoma Constitution, or for the purpose of invoking a referendum upon legislative enactments, such citizen or citizens shall, when such petition is prepared, and before the same is circulated or signed by electors, file a true and exact copy of same in the office of the Secretary of State and shall at the same time file a separate ballot title, which shall not be part of or printed on the petition. B. It shall be the duty of the Secretary of State to cause to be published, in at least one newspaper of general circulation in the state, a notice of such filing and the apparent sufficiency or insufficiency of the petition, and shall include notice that any citizen or citizens of the state may file a protest as to the constitutionality of the petition, by a written notice to the Supreme Court and to the proponent or proponents filing the petition. Any such protest shall be filed within ninety (90) days after publication. A copy of the protest shall be filed with the Secretary of State. C. Upon the filing of a protest to the petition, the Supreme Court shall then fix a day, not less than ten (10) business days thereafter, at which time it will hear testimony and arguments for and against the sufficiency of such petition. D. A protest filed by anyone hereunder may, if abandoned by the party filing same, be revived within five (5) business days by any other citizen. After such hearing the Supreme Court shall decide whether such petition is in the form required by the statutes. If the Court is at the time adjourned, the Chief Justice shall immediately convene the same for such hearing. No objection to the sufficiency shall be considered unless it has been made and filed as herein provided. E. Signature-gathering Deadline for Initiative Petitions. When an initiative petition has been filed in the office of the Secretary of State and all appeals, protests, and rehearings have been resolved or the period for such has expired, the Secretary of State shall set the date for circulation of signatures for the petition to begin but in no event shall the date be less than fifteen (15) days nor more than thirty (30) days from the date when all appeals, protests, and rehearings have been resolved or have expired. Notification shall be sent to the proponents specifying the date on which circulation of the petition shall begin and that the signatures are due within ninety (90) days of the date set. Any person who circulates the petition to collect signatures shall be a registered voter in this state and shall display a conspicuous notice in any location where the person is collecting signatures whether the person is being paid to circulate the petition and if so, by what person or entity. Each elector shall sign his or her name and legibly print his or her name, birth date, address, and county of residence associated with his or her Oklahoma voter registration record. An elector’s signature shall serve as an attestation that the elector read the gist in full or that the person who solicited the elector’s signature read the gist in full to the elector. The Secretary of State shall establish procedures by which an elector can request to have his or her signature removed from the petition. Any petition not filed in accordance with this provision shall not be considered. The proponents of an initiative petition, any time before the final submission of signatures, may withdraw the initiative petition upon written notification to the Secretary of State. F. Signature-gathering Deadline for Referendum Petitions. All signed signatures supporting a referendum petition shall be filed with the Secretary of State not later than ninety (90) days after the adjournment of the legislative session in which the measure which is the subject of the referendum petition was enacted. G. 1. Any person who circulates the petition to collect signatures shall disclose to the Secretary of State any employer or entity that is compensating the person for the circulation of the petition. No compensation shall be based on number of signatures collected, number of signature sheets submitted, or any other similar incentives. No person or entity who does not reside or do business in this state shall contribute to or compensate a person for circulation of a petition. Any person or entity that employs a person for circulation of a petition shall follow federal labor standards; and 2. Any person or entity expending funds on the circulation of a petition shall submit a weekly report to the Secretary of State that details such expenditures and that attests that all donated funds were received from sources in this state. The Secretary of State shall publish such reports on the Secretary’s website until the vote on the measure has occurred. H. 1. The total number of signatures collected to meet the requirements for an initiative petition or referendum petition, amending the Oklahoma Statutes, from a single county shall not exceed eleven and five-tenths percent (11.5%) of the number of votes cast in that county during the most recent statewide general election for Governor. The State Election Board shall determine the number of votes cast in each county; and 2. The total number of signatures collected to meet the requirements for an initiative petition or referendum petition, amending the Oklahoma Constitution, from a single county shall not exceed twenty and eight-tenths percent (20.8%) of the number of votes cast in that county during the most recent statewide general election for Governor. The State Election Board shall determine the number of votes cast in each county. I. The proponents of a referendum or an initiative petition may terminate the circulation period any time during the ninety-day circulation period by certifying to the Secretary of State that: 1. All signed petitions have already been filed with the Secretary of State; 2. No more petitions are in circulation; and 3. The proponents will not circulate any more petitions. If the Secretary of State receives such a certification from the proponents, the Secretary of State shall begin the counting and review process. J. When the signed copies of a petition pamphlet are timely filed, the Secretary of State shall file a copy of the proponent’s ballot title with the Attorney General and, after conducting a count and review of the filed, signed petition pamphlets, the Secretary of State shall certify to the Supreme Court of the state: 1. The total number of signatures counted pursuant to procedures set forth in this title; and 2. The total number of votes cast for the office of Governor at the last general election. The Supreme Court shall make the determination of the numerical sufficiency or insufficiency of the signatures counted and reviewed by the Secretary of State. K. Upon order of the Supreme Court it shall be the duty of the Secretary of State to forthwith cause to be published, in at least one newspaper of general circulation in the state, a notice of the filing of the signed petitions and the apparent sufficiency or insufficiency thereof, and shall also publish the text of the ballot title as reviewed and approved or, if applicable, as rewritten by the Attorney General pursuant to the provisions of subsection D of Section 9 of this title and notice that any citizen or citizens of the state may file an objection to the count made by the Secretary of State, by a written notice to the Supreme Court and to the proponent or proponents filing the petition. Any such objection shall be filed within ninety (90) days after publication and shall relate only to the validity or number of the signatures or a challenge to the ballot title. A copy of the objection to the count or ballot title shall be filed with the Supreme Court, the Attorney General, and the Secretary of State. L. Upon appeal and if ordered or directed by the Supreme Court, the Secretary of State shall deliver the bound volumes of signatures to the Supreme Court. M. Upon the filing of an objection to the signature count or ballot title, the Supreme Court shall resolve the objection with dispatch. The Supreme Court shall adopt rules to govern proceedings to apply to the challenge of a measure on the grounds that the proponents failed to gather sufficient signatures. N. If in the opinion of the Supreme Court, any objection to the count or protest to the petition is frivolous, the Court may impose appropriate sanctions, including an award of costs and attorney fees to either party as the Court deems equitable. O. Whenever reference is made in this act to the Supreme Court, such reference shall include the members of the Supreme Court, or any officer constitutionally designated to perform the duties herein prescribed.

Legislative History

R.L. 1910, § 3375. Amended by Laws 1910-11, c. 107, p. 235, § 1, emerg. eff. March 18, 1911; Laws 1961, p. 265, § 5, emerg. eff. May 17, 1961; Laws 1970, c. 185, §§ 2, 3, emerg. eff. April 13, 1970; Laws 1973, c. 78, § 1, emerg. eff. April 30, 1973; Laws 1992, c. 92, § 7, eff. Sept. 1, 1992; Laws 2009, c. 318, § 1, eff. Nov. 1, 2009; Laws 2015, c. 193, § 4, emerg. eff. April 28, 2015; Laws 2020, c. 125, § 8, eff. Nov. 1, 2020; Laws 2024, c. 364, § 1, emerg. eff. May 31, 2024; Laws 2025, c. 275, § 3, emerg. eff. May 23, 2025.