1| STATE OF OKLAHOMA | | | 2| 1st Session of the 59th Legislature (2023) | | | 3|SENATE BILL 1110 By: Jett | | | 4| | | | 5| | | | 6| AS INTRODUCED | | | 7| An Act relating to initiative and referendum; | | amending 34 O.S. 2021, Section 9, which relates to | 8| ballot title; adding requirement for ballot title; | | and providing an effective date. | 9| | | | 10| | | | 11|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 12| SECTION 1. AMENDATORY 34 O.S. 2021, Section 9, is | | | 13|amended to read as follows: | | | 14| Section 9. A. When a referendum is ordered by petition of the | | | 15|people against any measure passed by the Legislature or when any | | | 16|measure is proposed by initiative petition, whether as an amendment | | | 17|to the Constitution or as a statute, it shall be the duty of the | | | 18|parties submitting the measure to prepare and file one copy of the | | | 19|measure with the Secretary of State and one copy with the Attorney | | | 20|General. | | | 21| B. The parties submitting the measure shall also submit a | | | 22|suggested ballot title to the Secretary of State which shall be | | | 23|filed on a separate sheet of paper and shall not be part of or | | | 24|printed on the petition. The suggested ballot title: | | | Req. No. 229 Page 1 ___________________________________________________________________________
1| 1. Shall not exceed two hundred words, or three hundred words | | | 2|if the proposed measure will have a fiscal impact on the state; | | | 3| 2. Shall explain in basic words, which can be easily found in | | | 4|dictionaries of general usage, the effect of the proposition; | | | 5| 3. Shall be written on the eighth grade reading comprehension | | | 6|level; | | | 7| 4. Shall not contain any words which have a special meaning for | | | 8|a particular profession or trade not commonly known to the citizens | | | 9|of this state; | | | 10|4.5. Shall not reflect partiality in its composition or | | | 11|contain any argument for or against the measure; | | | 12|5.6. Shall contain language which clearly states that a "yes" | | | 13|vote is a vote in favor of the proposition and a "no" vote is a vote | | | 14|against the proposition; | | | 15|6.7. Shall not contain language whereby a "yes" vote is, in | | | 16|fact, a vote against the proposition and a "no" vote is, in fact, a | | | 17|vote in favor of the proposition; and | | | 18|7.8. Shall indicate if a proposed measure will have a fiscal | | | 19|impact on the state and if so, the potential source of funding | | | 20|including but not limited to federal funding or legislative | | | 21|appropriation which may require imposition of a new tax, increase of | | | 22|an existing tax or elimination of existing services. | | | 23| | | | 24| | | | Req. No. 229 Page 2 ___________________________________________________________________________
1| C. When a measure is proposed as a constitutional amendment by | | | 2|the Legislature or when the Legislature proposes a statute | | | 3|conditioned upon approval by the people: | | | 4| 1. After final passage of a measure, the Secretary of State | | | 5|shall submit the proposed ballot title to the Attorney General for | | | 6|review as to legal correctness. Within five (5) business days after | | | 7|receipt from the Secretary of State, the Attorney General shall, in | | | 8|writing, notify the Secretary of State, the President Pro Tempore of | | | 9|the Senate, the Speaker of the House of Representatives and the | | | 10|principal authors of the bill whether or not the proposed ballot | | | 11|title complies with applicable laws. The Attorney General shall | | | 12|state with specificity any and all defects found and, if necessary, | | | 13|within ten (10) business days of determining that the proposed | | | 14|ballot title is defective, prepare a preliminary ballot title which | | | 15|complies with the law and furnish a copy of such ballot title to the | | | 16|Secretary of State, the President Pro Tempore of the Senate, the | | | 17|Speaker of the House of Representatives and the principal authors of | | | 18|the bill. The Attorney General may consider any comments made by | | | 19|the President Pro Tempore of the Senate or the Speaker of the House | | | 20|of Representatives submitted within five (5) business days of their | | | 21|being furnished a copy of the preliminary ballot title. The | | | 22|Attorney General shall respond in writing to the comments and shall | | | 23|file a final ballot title with the Secretary of State no later than | | | 24| | | | Req. No. 229 Page 3 ___________________________________________________________________________
1|fifteen (15) business days after furnishing the preliminary ballot | | | 2|title; and | | | 3| 2. After receipt of the measure and the official ballot title, | | | 4|as certified by the Attorney General, the Secretary of State shall | | | 5|within five (5) days transmit to the Secretary of the State Election | | | 6|Board an attested copy of the measure, including the official ballot | | | 7|title. | | | 8| D. The following procedure shall apply to ballot titles of | | | 9|referendums ordered by a petition of the people or any measure | | | 10|proposed by an initiative petition: | | | 11| 1. After the filing of the signed referendum petitions or the | | | 12|signed initiative petitions, the Secretary of State shall submit the | | | 13|proposed separate ballot title to the Attorney General for review as | | | 14|to legal correctness. Within five (5) business days after the | | | 15|receipt of the ballot title, the Attorney General shall, in writing, | | | 16|notify the Secretary of State whether or not the proposed ballot | | | 17|title complies with applicable laws. The Attorney General shall | | | 18|state with specificity any and all defects found and, if necessary, | | | 19|within ten (10) business days of determining that the proposed | | | 20|ballot title is defective, prepare and file a ballot title which | | | 21|complies with the law; and | | | 22| 2. Within ten (10) business days after completion of the review | | | 23|and, if necessary, the filing of a ballot title in compliance with | | | 24|law, by the Attorney General, the Secretary of State shall, if no | | | Req. No. 229 Page 4 ___________________________________________________________________________
1|appeal is filed, transmit to the Secretary of the State Election | | | 2|Board an attested copy of the measure, including the official ballot | | | 3|title, and a certification that the requirements of this section | | | 4|have been met. If an appeal is taken from such ballot title within | | | 5|the time specified in Section 10 of this title, then the Secretary | | | 6|of State shall certify to the Secretary of the State Election Board | | | 7|the ballot title which is finally approved by the Supreme Court. | | | 8| SECTION 2. This act shall become effective November 1, 2023. | | | 9| | | | 10| 59-1-229 TEK 1/19/2023 4:33:06 PM | | | 11| | | | 12| | | | 13| | | | 14| | | | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | Req. No. 229 Page 5