The Oklahoma State Legislature is currently considering Senate Bill 1027 (SB 1027), a proposal that aims to introduce significant modifications to the state’s initiative petition process.
While proponents argue that the bill seeks to enhance transparency and ensure broader statewide representation, critics contend that it could impose unconstitutional restrictions and hinder citizen participation in the democratic process.
Current Initiative Petition Process in Oklahoma
In Oklahoma, citizens have the power to propose new legislation or constitutional amendments through the initiative petition process.
This process requires proponents to gather a specified number of signatures from registered voters within a set timeframe. The required number of signatures varies depending on the type of measure:
- Initiated State Statutes: Require signatures equal to 8% of the votes cast in the last gubernatorial election.
- Initiated Constitutional Amendments: Require signatures equal to 15% of the votes cast in the last gubernatorial election.
- Referendums: Require signatures equal to 5% of the votes cast in the last gubernatorial election.
Once the necessary signatures are collected and verified, the proposed measure is placed on the ballot for a statewide vote. This process has been instrumental in allowing Oklahomans to directly influence state policies on various issues.
Provisions of Senate Bill 1027
Authored by Senator David Bullard, SB 1027 proposes several key changes to the existing initiative petition process:
- Geographical Distribution of Signatures:
- Limits the number of signatures that can be collected from counties with populations exceeding 400,000 to no more than 10% of the total required.
- Mandates that at least 4% of the required signatures come from counties with populations below 400,000.
- Compensation of Petition Circulators:
- Prohibits paying petition circulators based on the number of signatures they gather.
- Allows for compensating circulators through other means, provided that the source of compensation is reported to the Secretary of State.
- Restrictions on Contributions:
- Bars contributions from out-of-state entities unless they conduct business or reside in Oklahoma.
- Qualifications for Petition Circulators:
- Requires that petition circulators be qualified electors in Oklahoma and that they have read the petition in its entirety.
- Approval of Petition Gist:
- Empowers the Secretary of State to approve the “gist” or summary of the petition, a step not currently mandated.
Arguments in Favor of SB 1027
Supporters of SB 1027, including Senator Bullard, argue that the bill introduces “reasonable guardrails” to the initiative petition process, aiming to:
- Enhance Transparency: By requiring disclosure of compensation sources for petition circulators and restricting out-of-state contributions, the bill seeks to ensure that Oklahomans are informed about who is influencing ballot measures.
- Ensure Statewide Representation: The geographical distribution requirements are designed to prevent petition efforts from focusing solely on populous urban areas, thereby encouraging engagement from voters across all 77 counties.
Criticisms of SB 1027
Opponents of the bill raise several concerns:
- Constitutionality: Critics argue that certain provisions, such as banning out-of-state contributions and prohibiting per-signature payment for circulators, may violate First Amendment rights related to free speech and political participation.
- Increased Difficulty for Grassroots Movements: The new requirements could disproportionately affect grassroots organizations with limited resources, making it more challenging to gather the necessary signatures, especially in less populated areas.
- Potential for Reduced Citizen Participation: By imposing additional hurdles, the bill could discourage citizens from utilizing the initiative petition process, thereby limiting direct democratic engagement.
Recent Uses of the Initiative Petition Process
In recent years, Oklahomans have successfully used the initiative petition process to enact significant policy changes, including:
- Medicaid Expansion: Voters approved State Question 802 in 2020, expanding Medicaid coverage in the state.
- Legalization of Medical Marijuana: State Question 788, passed in 2018, legalized medical marijuana, leading to the establishment of the Oklahoma Medical Marijuana Authority.
- Upcoming Measures: State Question 832, proposing to increase the minimum wage to at least $15 an hour, is scheduled for a vote on June 16, 2026. Additionally, supporters of State Question 836 aim to eliminate the state’s closed primary system and are currently gathering signatures to place the issue on the ballot.