Okla. Stat. tit. 34, § 34-8v1

Publication - Protest - Hearing and determination – Deadlines.

Oklahoma Statutes - Title 34. Initiative and Referendum Page 7

A. When a citizen or citizens desire to circulate a petition

initiating a proposition of any nature, whether to become a statute

law or an amendment to the Constitution, or for the purpose of

invoking a referendum upon legislative enactments, such citizen or

citizens shall, when such petition is prepared, and before the same

is circulated or signed by electors, file a true and exact copy of

same in the office of the Secretary of State and shall at the same

time file a separate ballot title, which shall not be part of or

printed on the petition. The Secretary may charge a filing fee not

to exceed Seven Hundred Fifty Dollars ($750.00) to cover the cost of

publication of notice as required by subsection B of this section.

B. It shall be the duty of the Secretary of State to cause to

be published on the website of the Office of the Secretary of State

and in at least one newspaper of general circulation in the state, a

notice of such filing and the apparent sufficiency or insufficiency

of the petition and shall include notice that any citizen or

citizens of the state may file a protest as to the constitutionality

of the petition, by a written notice to the Supreme Court and to the

proponent or proponents filing the petition. Notice of such filing

shall be provided to the President Pro Tempore of the Senate and the

Speaker of the House of Representatives. Any such protest must be

filed within twenty (20) business days after publication. A copy of

the protest shall be filed with the Secretary of State.

C. Upon the filing of a protest to the petition, the Supreme

Court shall then fix a day, not less than ten (10) business days

thereafter, at which time it will hear testimony and arguments for

and against the sufficiency of such petition.

D. A protest filed by anyone hereunder may, if abandoned by the

party filing same, be revived within five (5) business days by any

other citizen. After such hearing the Supreme Court shall decide

whether such petition is in the form required by the statutes. If

the Court is at the time adjourned, the Chief Justice shall

immediately convene the same for such hearing. No objection to the

sufficiency shall be considered unless it has been made and filed as

herein provided.

E. Signature-gathering Deadline for Initiative Petitions. When

an initiative petition has been filed in the office of the Secretary

of State and all appeals, protests and rehearings have been resolved

or the period for such has expired, the Secretary of State shall set

the date for circulation of signatures for the petition to begin but

in no event shall the date be less than fifteen (15) days nor more

than thirty (30) days from the date when all appeals, protests and

rehearings have been resolved or have expired. Notification shall

be sent to the proponents specifying the date on which circulation

of the petition shall begin and that the signatures are due within

ninety (90) days of the date set. Each elector shall sign his or

her name and legibly print his or her name, birth date and address

Oklahoma Statutes - Title 34. Initiative and Referendum Page 8

associated with his or her Oklahoma voter registration record. Any

petition not filed in accordance with this provision shall not be

considered. The proponents of an initiative petition, any time

before the final submission of signatures, may withdraw the

initiative petition upon written notification to the Secretary of

State.

F. Signature-gathering Deadline for Referendum Petitions. All

signed signatures supporting a referendum petition shall be filed

with the Secretary of State not later than ninety (90) days after

the adjournment of the legislative session in which the measure,

which is the subject of the referendum petition, was enacted.
initiative petition upon written notification to the Secretary of

State.

F. Signature-gathering Deadline for Referendum Petitions. All

signed signatures supporting a referendum petition shall be filed

with the Secretary of State not later than ninety (90) days after

the adjournment of the legislative session in which the measure,

which is the subject of the referendum petition, was enacted.

G. The proponents of a referendum or an initiative petition may

terminate the circulation period any time during the ninety-day

circulation period by certifying to the Secretary of State that:

1. All signed petitions have already been filed with the

Secretary of State;

2. No more petitions are in circulation; and

3. The proponents will not circulate any more petitions.

If the Secretary of State receives such a certification from the

proponents, the Secretary of State shall begin the counting and

review process.

H. When the signed copies of a petition pamphlet are timely

filed, the Secretary of State shall file a copy of the proponent’s

ballot title with the Attorney General and after conducting a count

and review of the filed, signed petition pamphlets, the Secretary of

State shall certify to the Supreme Court of the state:

1. The total number of signatures counted pursuant to

procedures set forth in this title; and

2. The total number of votes cast for the state office

receiving the highest number of votes cast at the last general

election.

The Supreme Court shall make the determination of the numerical

sufficiency or insufficiency of the signatures counted and reviewed

by the Secretary of State.

I. Upon order of the Supreme Court it shall be the duty of the

Secretary of State to forthwith cause to be published, in at least

one newspaper of general circulation in the state, a notice of the

filing of the signed petitions and the apparent sufficiency or

insufficiency thereof, and shall also publish the text of the ballot

title as reviewed and approved or, if applicable, as rewritten by

the Attorney General pursuant to the provisions of subsection D of

Section 9 of this title and notice that any citizen or citizens of

the state may file an objection to the count made by the Secretary

of State, by a written notice to the Supreme Court and to the

proponent or proponents filing the petition. Any such objection

must be filed within twenty (20) business days after publication and

must relate only to the validity or number of the signatures or a

Oklahoma Statutes - Title 34. Initiative and Referendum Page 9

challenge to the ballot title. A copy of the objection to the count

or ballot title shall be filed with the Supreme Court, the Attorney

General and the Secretary of State.

J. Upon appeal and if ordered or directed by the Supreme Court,

the Secretary of State shall deliver the bound volumes of signatures

to the Supreme Court.

K. Upon the filing of an objection to the signature count or

ballot title, the Supreme Court shall resolve the objection with

dispatch. The Supreme Court shall adopt rules to govern proceedings

to apply to the challenge of a measure on the grounds that the

proponents failed to gather sufficient signatures.

L. If in the opinion of the Supreme Court, any objection to the

count or protest to the petition is frivolous, the Court may impose

appropriate sanctions including an award of costs and attorney fees

to either party as the Court deems equitable.

M. Whenever reference is made in this act to the Supreme Court,

such reference shall include the members of the Supreme Court or any

officer constitutionally designated to perform the duties herein

prescribed.

R.L. 1910, § 3375. Amended by Laws 1910-11, c. 107, p. 235, § 1,

emerg. eff. March 18, 1911; Laws 1961, p. 265, § 5, emerg. eff. May

17, 1961; Laws 1970, c. 185, § 2, emerg. eff. April 13, 1970; Laws

1973, c. 78, § 1, emerg. eff. April 30, 1973; Laws 1992, c. 92, § 7,
include the members of the Supreme Court or any

officer constitutionally designated to perform the duties herein

prescribed.

R.L. 1910, § 3375. Amended by Laws 1910-11, c. 107, p. 235, § 1,

emerg. eff. March 18, 1911; Laws 1961, p. 265, § 5, emerg. eff. May

17, 1961; Laws 1970, c. 185, § 2, emerg. eff. April 13, 1970; Laws

1973, c. 78, § 1, emerg. eff. April 30, 1973; Laws 1992, c. 92, § 7,

eff. Sept. 1, 1992; Laws 2009, c. 318, § 1, eff. Nov. 1, 2009; Laws

2015, c. 193, § 4, emerg. eff. April 28, 2015; Laws 2020, c. 125, §

8, eff. Nov. 1, 2020; Laws 2024, c. 119, § 3, emerg. eff. April 23,

2024.