Okla. Stat. tit. 34, § 34-8v2

Publication - Protest - Hearing and determination.

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 Oklahoma 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.

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

be published, 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. Any such protest shall be filed within ninety (90) days

Oklahoma Statutes - Title 34. Initiative and Referendum Page 10

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. Any

person who circulates the petition to collect signatures shall be a

registered voter in this state and shall display a conspicuous

notice in any location where the person is collecting signatures

whether the person is being paid to circulate the petition and if

so, by what person or entity. Each elector shall sign his or her

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

county of residence associated with his or her Oklahoma voter

registration record. An elector’s signature shall serve as an

attestation that the elector read the gist in full or that the

person who solicited the elector’s signature read the gist in full

to the elector. The Secretary of State shall establish procedures

by which an elector can request to have his or her signature removed

from the petition. 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
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.

Oklahoma Statutes - Title 34. Initiative and Referendum Page 11

G. 1. Any person who circulates the petition to collect

signatures shall disclose to the Secretary of State any employer or

entity that is compensating the person for the circulation of the

petition. No compensation shall be based on number of signatures

collected, number of signature sheets submitted, or any other

similar incentives. No person or entity who does not reside or do

business in this state shall contribute to or compensate a person

for circulation of a petition. Any person or entity that employs a

person for circulation of a petition shall follow federal labor

standards; and

2. Any person or entity expending funds on the circulation of a

petition shall submit a weekly report to the Secretary of State that

details such expenditures and that attests that all donated funds

were received from sources in this state. The Secretary of State

shall publish such reports on the Secretary’s website until the vote

on the measure has occurred.

H. 1. The total number of signatures collected to meet the

requirements for an initiative petition or referendum petition,

amending the Oklahoma Statutes, from a single county shall not

exceed eleven and five-tenths percent (11.5%) of the number of votes

cast in that county during the most recent statewide general

election for Governor. The State Election Board shall determine the

number of votes cast in each county; and

2. The total number of signatures collected to meet the

requirements for an initiative petition or referendum petition,

amending the Oklahoma Constitution, from a single county shall not

exceed twenty and eight-tenths percent (20.8%) of the number of

votes cast in that county during the most recent statewide general

election for Governor. The State Election Board shall determine the

number of votes cast in each county.

I. 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.

J. 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

Oklahoma Statutes - Title 34. Initiative and Referendum Page 12

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

K. 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
overnor 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.

K. 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

shall be filed within ninety (90) days after publication and shall

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

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.

L. 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.

M. 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.

N. 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.

O. 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, 3, emerg. eff. April 13, 1970;