Bad year for the ballot measure

Led by a Republican supermajority, the Oklahoma Legislature continues to hinder access to the state’s initiative and referendum process, passing new restrictions this session.

June 18, 2024

While proponents of State Question 832—which would gradually increase the state’s minimum wage over a five-year period—canvass Oklahoma searching for registered voters to sign their petitions and qualify the measure for the ballot, lawmakers at the state capitol this session passed two new laws restricting the initiative and referendum process.

Governor Kevin Stitt signed HB 1105 into law on May 31 after the bill passed both the state Senate and House of Representatives. The new law, enacted immediately due to an emergency clause, extends the protest period to ninety days for challenging the constitutionality of a proposed initiative or referendum while also extending to ninety days the protest period for challenging the validity of petition signatures submitted to the Oklahoma Secretary of State’s office.

Co-author Senator Julie Daniels (R-Bartlesville) said she worked on the legislation with the State Chamber and Oklahomans for Life, a statewide anti-abortion organization, to provide those opposing a particular ballot measure more time to challenge it in court. “What we’re trying to do is improve the entire process for those who are both in support of and opposed to state questions so that it is fair for all sides, whatever amount of time that takes to make it fair and transparent and completely above board and protect the integrity of the process,” Daniels said during questions and debate on May 29.

The State Chamber and the Oklahoma Farm Bureau challenged State Question 832 in the Oklahoma Supreme Court, arguing that language tying future minimum wage increases to the federal Consumer Price Index without the consent of the Legislature is unconstitutional. The challenge failed, and proponents of the initiative were allowed to begin collecting the 92,623 petition signatures needed for the proposed statute to qualify for the ballot.

Democratic members questioned Daniels’ motives during the debate. Senator Julia Kirt referenced the fact that hundreds of voter-driven ballot measures have been filed since statehood but a relatively small number of them made the ballot and were voted into law. “The whole idea that this is easy is smoke and mirrors. This is a very hard process,” said Kirt. “What I’m seeing now is every step possible to limit the voices of Oklahomans.”

Term-limited Democratic Leader Kay Floyd argued that other states which have passed similar laws have seen a chilling effect on citizens being able to propose and pass ballot measures. “You’re not aware of that? You haven’t been told about that?” Floyd asked Daniels.

Senator Carrie Hicks debated against HB 1105, authored by House Speaker Charles McCall, saying the increased challenge periods were unnecessary and would be detrimental to Oklahoma’s democratic principles by disenfranchising voters and allowing out-of-state special interest groups to undermine the process.

“The current 10-day timeline has been in place for over a hundred years to ensure efficiency and effectiveness in the petition process. It encourages petitioners to act swiftly and decisively, therefore preventing unnecessary delays and ensuring that the voice of the people is heard in a timely manner,” said Hicks. “With a 90-day window, there would be ample time for malicious actors to spread disinformation, sow division, and sabotage legitimate petition efforts. We must not allow our democratic institutions to be hijacked by those with nefarious intentions. Extending these timelines would only serve to create more opportunities for such abuse.”

SB 518 creates more ballot measure restrictions

Another bill placing undue burdens on Oklahomans and their constitutionally guaranteed right to propose laws through the initiative and referendum process was signed into law by Governor Stitt on April 23.

“Oklahoma is one of twenty-six states with the power of direct democracy. It allows regular Oklahomans to shape and influence policy when they feel like they can’t get something done through this Legislature,” said Representative Mickey Dollens while debating SB 518 on the House floor on April 17. “Bills like this continue to make it even more burdensome and difficult for ordinary Oklahomans to make change.”

The House co-author, Representative Mark Lepak, argued the bill was written to ensure integrity in the state’s initiative and referendum process. Lepak neglected to cite specific cases of documented fraud, only saying that the Legislature has the right as mandated by the state constitution to pass laws “to prevent corruption in making, procuring, and submitting initiative and referendum petitions.”

SB 518 changes the ballot measure process in three ways. It gives the Secretary of State the authority to charge up to a $750 filing fee to submit ballot measures. There were none, prior. The law increases the two protests period for opponents to challenge either a measure’s constitutionality or the validity of its signatures from ten to twenty business days (rendered moot by HB 1105’s mandated 90-day protest periods). Lastly, the law increases the number of data points from a signature that must match the voter registration records from three to four. Data points include a voter’s legal first and last name (which may differ from the name on their voter registration), their house number, and the month and day of their birth.

SB 518 included an emergency clause that was approved by two-thirds of the Legislature, so the law went into effect as soon as Stitt signed it. Any future initiatives or referendums put forward must adhere to the tenants of the law. It is unclear whether proponents of State Question 832 will have to abide by the new laws, as the initiative was filed on October 27, 2023, before the laws were passed.

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