1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 518 By: Daniels
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6 AS INTRODUCED
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7 An Act relating to initiative and referendum;
7 amending 34 O.S. 2021, Sections 1, 2 and 8, which
8 relate to form, publication, and protest; modifying
8 information required for inclusion on certain forms;
9 authorizing Secretary of State to charge certain
9 filing fee for certain purpose; requiring certain
10 publication on website; requiring notice to certain
10 officers; increasing time period for certain protest
11 or objection; updating statutory language; and
11 declaring an emergency.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. AMENDATORY 34 O.S. 2021, Section 1, is
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16 amended to read as follows:
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17 Section 1. A. The referendum petition shall be substantially
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18 as follows:
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19 PETITION FOR REFERENDUM
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20 To the Honorable ____________, Governor of Oklahoma (or To the
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21 Honorable ____________, Mayor, Chairman of County Commissioners, or
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22 other chief executive officer, as the case may be, of the city,
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23 county or other municipal corporation of ____________):
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 1 We, the undersigned legal voters of the State of Oklahoma (or
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2 district of __________, county of ____________, or city of
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3 ____________, as the case may be), respectfully order that Senate
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4 (or House) Bill No. __________ (or ordinance No. ____________),
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5 entitled (title of Act, and if the petition is against less than the
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6 whole Act, then set forth here the part or parts on which the
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7 referendum is sought), passed by the ____________ Legislature of the
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8 State of Oklahoma, at the regular (or special) session of said
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9 legislature, shall be referred to the people of the State (district
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10 of ____________, county of ____________, or city of ____________, as
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11 the case may be) for their approval or rejection at the regular (or
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12 special) election to be held on the ________ day of ____________,
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13 20__, and each for himself says: I have personally signed this
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14 petition; I am a legal voter of the State of Oklahoma (and district
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15 of __________, county of ____________, or city of ____________, as
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16 the case may be); the following five data points shall be included
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17 on the form: the voter’s legal first name, legal last name, zip
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18 code, house number and numerical month and day of my birth.
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19 Referendum petitions shall be filed with the Secretary of State
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20 not more than ninety (90) days after the final adjournment of the
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21 session of the legislature which passed the bill on which the
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22 referendum is demanded. (For county, city or other municipality the
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23 length of time shall be thirty (30) days.)
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 1 The question we herewith submit to our fellow voters is: Shall
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2 the following bill of the legislature (or ordinance or resolution--
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3 local legislation) be approved? (Insert here an exact copy of the
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4 text of the measure followed by proponents of record (not to exceed
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5 three signatures, complete printed name and address associated with
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6 his or her Oklahoma voter registration record).)
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7 B. In order for the signature to be approved by the Secretary
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8 of State, three four or more data points described in subsection A
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9 of this section must be matched to the voter registration file.
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10 SECTION 2. AMENDATORY 34 O.S. 2021, Section 2, is
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11 amended to read as follows:
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12 Section 2. A. The form of initiative petition shall be
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13 substantially as follows:
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14 INITIATIVE PETITION
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15 To the Honorable ______________, Governor of Oklahoma (or To the
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16 Honorable ______________, Mayor, Chairman of County Commissioners,
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17 or other chief executive officers, as the case may be, for the city,
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18 county or other municipality): We, the undersigned legal voters of
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19 the State of Oklahoma (and of the district of _______________,
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20 county of _______________, or city of ________________, as the case
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21 may be), respectfully order that the following proposed law (or
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22 amendment to the constitution, ordinance, or amendment to the city
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23 charter, as the case may be) shall be submitted to the legal voters
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24 of the State of Oklahoma (or of the district of ______________,
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 1 county of ______________, or city of ______________, as the case may
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2 be) for their approval or rejection at the regular general election
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3 (or regular or special city election), to be held on the _____ day
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4 of _________, 20__, and each for himself says: I have personally
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5 signed this petition; I am a legal voter of the State of Oklahoma
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6 (and of the district of _________, county of __________________,
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7 city of ______________, as the case may be); the following five data
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8 points shall be included on the form: the voter’s legal first name,
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9 legal last name, zip code, house number, and numerical month and day
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10 of my birth. The time for filing this petition expires ninety (90)
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11 days from (Secretary of State to insert assigned date when petition
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12 is to begin signature circulation). (This for State initiative.
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13 For county, city, or other municipality the length of time shall be
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14 ninety (90) days.) The question we herewith submit to our fellow
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15 voters is: Shall the following bill (or proposed amendment to the
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16 Constitution or resolution) be approved? (Insert here an exact copy
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17 of the text of the measure followed by proponents of record (not to
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18 exceed three signatures, complete printed name and address
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19 associated with his or her Oklahoma voter registration record).)
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20 B. In order for the signature to be approved by the Secretary
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21 of State, three four or more data points described in subsection A
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22 of this section must be matched to the voter registration file.
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23 SECTION 3. AMENDATORY 34 O.S. 2021, Section 8, is
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24 amended to read as follows:
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 1 Section 8. A. When a citizen or citizens desire to circulate a
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2 petition initiating a proposition of any nature, whether to become a
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3 statute law or an amendment to the Constitution, or for the purpose
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4 of invoking a referendum upon legislative enactments, such citizen
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5 or citizens shall, when such petition is prepared, and before the
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6 same is circulated or signed by electors, file a true and exact copy
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7 of same in the office of the Secretary of State and shall at the
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8 same time file a separate ballot title, which shall not be part of
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9 or printed on the petition. The Secretary may charge a filing fee
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10 not to exceed Seven Hundred Fifty Dollars ($750.00) to cover the
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11 cost of publication of notice as required by subsection B of this
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12 section.
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13 B. It shall be the duty of the Secretary of State to cause to
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14 be published, on the website of the Office of the Secretary of State
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15 and in at least one newspaper of general circulation in the state, a
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16 notice of such filing and the apparent sufficiency or insufficiency
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17 of the petition, and shall include notice that any citizen or
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18 citizens of the state may file a protest as to the constitutionality
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19 of the petition, by a written notice to the Supreme Court and to the
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20 proponent or proponents filing the petition. Notice of such filing
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21 shall be provided to the President Pro Tempore of the Senate and the
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22 Speaker of the House of Representatives. Any such protest must be
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23 filed within ten (10) twenty (20) business days after publication.
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24 A copy of the protest shall be filed with the Secretary of State.
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 1 C. Upon the filing of a protest to the petition, the Supreme
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2 Court shall then fix a day, not less than ten (10) business days
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3 thereafter, at which time it will hear testimony and arguments for
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4 and against the sufficiency of such petition.
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5 D. A protest filed by anyone hereunder may, if abandoned by the
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6 party filing same, be revived within five (5) business days by any
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7 other citizen. After such hearing the Supreme Court shall decide
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8 whether such petition is in the form required by the statutes. If
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9 the Court is at the time adjourned, the Chief Justice shall
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10 immediately convene the same for such hearing. No objection to the
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11 sufficiency shall be considered unless it has been made and filed as
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12 herein provided.
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13 E. Signature-gathering Deadline for Initiative Petitions. When
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14 an initiative petition has been filed in the office of the Secretary
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15 of State and all appeals, protests and rehearings have been resolved
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16 or the period for such has expired, the Secretary of State shall set
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17 the date for circulation of signatures for the petition to begin but
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18 in no event shall the date be less than fifteen (15) days nor more
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19 than thirty (30) days from the date when all appeals, protests and
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20 rehearings have been resolved or have expired. Notification shall
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21 be sent to the proponents specifying the date on which circulation
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22 of the petition shall begin and that the signatures are due within
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23 ninety (90) days of the date set. Each elector shall sign his or
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24 her name and legibly print his or her name, birth date and address
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 1 associated with his or her Oklahoma voter registration record. Any
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2 petition not filed in accordance with this provision shall not be
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3 considered. The proponents of an initiative petition, any time
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4 before the final submission of signatures, may withdraw the
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5 initiative petition upon written notification to the Secretary of
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6 State.
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7 F. Signature-gathering Deadline for Referendum Petitions. All
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8 signed signatures supporting a referendum petition shall be filed
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9 with the Secretary of State not later than ninety (90) days after
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10 the adjournment of the legislative session in which the measure,
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11 which is the subject of the referendum petition, was enacted.
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12 G. The proponents of a referendum or an initiative petition may
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13 terminate the circulation period any time during the ninety-day
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14 circulation period by certifying to the Secretary of State that:
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15 1. All signed petitions have already been filed with the
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16 Secretary of State;
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17 2. No more petitions are in circulation; and
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18 3. The proponents will not circulate any more petitions.
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19 If the Secretary of State receives such a certification from the
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20 proponents, the Secretary of State shall begin the counting and
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21 review process.
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22 H. When the signed copies of a petition pamphlet are timely
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23 filed, the Secretary of State shall file a copy of the proponent’s
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24 ballot title with the Attorney General and, after conducting a count
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 1 and review of the filed, signed petition pamphlets, the Secretary of
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2 State shall certify to the Supreme Court of the state:
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3 1. The total number of signatures counted pursuant to
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4 procedures set forth in this title; and
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5 2. The total number of votes cast for the state office
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6 receiving the highest number of votes cast at the last general
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7 election.
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8 The Supreme Court shall make the determination of the numerical
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9 sufficiency or insufficiency of the signatures counted and reviewed
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10 by the Secretary of State.
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11 I. Upon order of the Supreme Court it shall be the duty of the
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12 Secretary of State to forthwith cause to be published, in at least
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13 one newspaper of general circulation in the state, a notice of the
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14 filing of the signed petitions and the apparent sufficiency or
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15 insufficiency thereof, and shall also publish the text of the ballot
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16 title as reviewed and approved or, if applicable, as rewritten by
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17 the Attorney General pursuant to the provisions of subsection D of
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18 Section 9 of this title and notice that any citizen or citizens of
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19 the state may file an objection to the count made by the Secretary
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20 of State, by a written notice to the Supreme Court and to the
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21 proponent or proponents filing the petition. Any such objection
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22 must be filed within ten (10) twenty (20) business days after
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23 publication and must relate only to the validity or number of the
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24 signatures or a challenge to the ballot title. A copy of the
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 1 objection to the count or ballot title shall be filed with the
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2 Supreme Court, the Attorney General and the Secretary of State.
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3 J. Upon appeal and if ordered or directed by the Supreme Court,
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4 the Secretary of State shall deliver the bound volumes of signatures
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5 to the Supreme Court.
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6 K. Upon the filing of an objection to the signature count or
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7 ballot title, the Supreme Court shall resolve the objection with
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8 dispatch. The Supreme Court shall adopt rules to govern proceedings
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9 to apply to the challenge of a measure on the grounds that the
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10 proponents failed to gather sufficient signatures.
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11 L. If in the opinion of the Supreme Court, any objection to the
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12 count or protest to the petition is frivolous, the Court may impose
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13 appropriate sanctions, including an award of costs and attorneys
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14 attorney fees to either party as the Court deems equitable.
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15 M. Whenever reference is made in this act to the Supreme Court,
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16 such reference shall include the members of the Supreme Court or any
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17 officer constitutionally designated to perform the duties herein
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18 prescribed.
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19 SECTION 4. It being immediately necessary for the preservation
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20 of the public peace, health or safety, an emergency is hereby
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21 declared to exist, by reason whereof this act shall take effect and
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22 be in full force from and after its passage and approval.
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24 59-1-1644 TEK 1/17/2023 5:00:08 PM
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