INITIATIVE PETITION 101
Section 24, Article 3 of the Oklahoma Constitution states This article shall not impair the right of the people to amend this Constitution by a vote upon an initiative petition therefore. Currently in the Sooner state, it takes eight percent of legal voters that voted in the last general election to get on the ballot. The petition must be drafted, and then filed with the Oklahoma Secretary of State. A title is given to the petition and the petitioners then have ninety days to collect the required signatures- 74,117 legal Oklahoma voters - and get it back to the Secretary of State. One stipulation is the circulators must be by state law citizens of Oklahoma. The signatures are then verified, the petition is sent to the Supreme Court who reviews the petition and certify the signatures. A date is set for the election and the issue goes to a vote of the people. This is one area where Oklahoma voters have a definite advantage over some of bordering states. Texas and Kansas have no initiative or referendum petition mechanisms and New Mexico only allows for referendum petitions. Through the years, Oklahoma voters have been forced several times to take matters into their own hands when the legislature failed to do the job.
In 1992, Oklahoma state voters approved SQ 640, which required the legislature to bring any NEW tax to a vote of the people before it was implemented. It was in reaction to the out of control spending by the Democratically controlled state legislature. Other major issues Oklahoma voters have voted on through the years are legislative term limits, right-to-work, reduction in vehicle license tags, cockfighting, gambling, liquor by the drink, and many others. The initiative petition process has been good for Oklahoma citizens. It has provided the state’s citizens a way to bypass the legislature and improve our state.
Recently Oklahoma’s initiative petition process has been under attack and so have some of those who have been trying to get issues on the ballot. Last year, efforts to put a school funding formula on the ballot failed, as did a proposal to increase the minimum hourly wage. An effort to get a Taxpayers Bill of Rights on the ballot also failed, but not for lack of signatures, but for allegedly using out of state collectors to get the required signatures. Three people have been indicted on felony counts and face upcoming trials. That has prompted State Rep. Jabar Shumate to announce he will file legislation to crack down on fraudulent practices that have plagued Oklahoma’s initiative petition process.
Shumate says, "Too often, the paid signature collectors working in our petition process will say just about anything to get someone to sign his or her name." MUST HAVE BEEN DEMOCRATIC PRESIDENTIAL HOPEFULS WITH THE CLIPBOARDS! Shumate, D-Tulsa goes on to say. "Several of my constituents have signed a petition only to later learn of the true contents of the ballot question they are ‘supporting.’ Unfortunately, there’s no way for them to correct their mistake." I love legislation that PROTECTS US FROM OURSELVES!
Under current law, there is no method for a voter to have his or her name removed from an initiative proposal. Shumate plans to file legislation in the 2008 session that will allow voters to contact the Office of the Secretary of State to have their name removed from a ballot petition.
Shumate concludes by saying, "Our initiative petition process must be above reproach," "My legislation will clean up the system and reduce fraud. I believe it will receive bipartisan support." Last week, Shumate’s proposal was attacked in an editorial by The Oklahoman and branded “nonsense.”
Section 24, Article 3 of the Oklahoma Constitution states This article shall not impair the right of the people to amend this Constitution by a vote upon an initiative petition therefore. Currently in the Sooner state, it takes eight percent of legal voters that voted in the last general election to get on the ballot. The petition must be drafted, and then filed with the Oklahoma Secretary of State. A title is given to the petition and the petitioners then have ninety days to collect the required signatures- 74,117 legal Oklahoma voters - and get it back to the Secretary of State. One stipulation is the circulators must be by state law citizens of Oklahoma. The signatures are then verified, the petition is sent to the Supreme Court who reviews the petition and certify the signatures. A date is set for the election and the issue goes to a vote of the people. This is one area where Oklahoma voters have a definite advantage over some of bordering states. Texas and Kansas have no initiative or referendum petition mechanisms and New Mexico only allows for referendum petitions. Through the years, Oklahoma voters have been forced several times to take matters into their own hands when the legislature failed to do the job.
In 1992, Oklahoma state voters approved SQ 640, which required the legislature to bring any NEW tax to a vote of the people before it was implemented. It was in reaction to the out of control spending by the Democratically controlled state legislature. Other major issues Oklahoma voters have voted on through the years are legislative term limits, right-to-work, reduction in vehicle license tags, cockfighting, gambling, liquor by the drink, and many others. The initiative petition process has been good for Oklahoma citizens. It has provided the state’s citizens a way to bypass the legislature and improve our state.
Recently Oklahoma’s initiative petition process has been under attack and so have some of those who have been trying to get issues on the ballot. Last year, efforts to put a school funding formula on the ballot failed, as did a proposal to increase the minimum hourly wage. An effort to get a Taxpayers Bill of Rights on the ballot also failed, but not for lack of signatures, but for allegedly using out of state collectors to get the required signatures. Three people have been indicted on felony counts and face upcoming trials. That has prompted State Rep. Jabar Shumate to announce he will file legislation to crack down on fraudulent practices that have plagued Oklahoma’s initiative petition process.
Shumate says, "Too often, the paid signature collectors working in our petition process will say just about anything to get someone to sign his or her name." MUST HAVE BEEN DEMOCRATIC PRESIDENTIAL HOPEFULS WITH THE CLIPBOARDS! Shumate, D-Tulsa goes on to say. "Several of my constituents have signed a petition only to later learn of the true contents of the ballot question they are ‘supporting.’ Unfortunately, there’s no way for them to correct their mistake." I love legislation that PROTECTS US FROM OURSELVES!
Under current law, there is no method for a voter to have his or her name removed from an initiative proposal. Shumate plans to file legislation in the 2008 session that will allow voters to contact the Office of the Secretary of State to have their name removed from a ballot petition.
Shumate concludes by saying, "Our initiative petition process must be above reproach," "My legislation will clean up the system and reduce fraud. I believe it will receive bipartisan support." Last week, Shumate’s proposal was attacked in an editorial by The Oklahoman and branded “nonsense.”
Oklahoma’s initiative petition process made The Wall Street Journal on Monday. In an article entitled, “Oklahoma’s Most Wanted” and subtitled “The latest thing in political felonies; a petition drive,” the editorial focuses on the plight of Paul Jacob, a political activist from Tulsa who has been charged with violating the state statute that requires petition circulators be legal residents of Oklahoma. Jacobs has said, “This indictment is not about the law, but about politics- ugly, anti-democratic politics,” The WSJ goes on to accurately observe, “Ironically, it is perfectly legal for opponents of a petition to solicit money and manpower from out-of-state. And sure enough, public sector unions opposed to the Tabor initiative recruited people from outfits like the Oregon-based Voter Education Project, an offshoot of the AFL-CIO that specializes in countering signature drives.” They rightly conclude that AG Drew Edmondson’s prosecution of Paul Jacob is politically motivated. This is the latest negative article mentioning Oklahoma in The Wall Street Journal. Because the WSJ is the nations most widely circulated and read business paper, these types of articles hurt our state’s image in the business community.
Shumate’s proposal impairs Oklahomans the right to the initiative petition process, which clearly violates the Oklahoma Constitution. The legislature should focus on reducing the required number of signatures and allowing a longer timeline for signature collection. The initiative petition process is one that has served Oklahoma well- let’s make sure it is not “fixed” so it doesn’t work.
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