Okla. Stat. tit. 34, § 34-9

Attorney General - Appeal.

A. When a referendum is ordered by petition of the people

against any measure passed by the Legislature or when any measure is

proposed by initiative petition, whether as an amendment to the

Oklahoma Constitution or as a statute, it shall be the duty of the

parties submitting the measure to prepare and file one copy of the

measure with the Secretary of State and one copy with the Attorney

General.

B. The parties submitting the measure shall also submit a

suggested ballot title to the Secretary of State which shall be

filed on a separate sheet of paper and shall not be part of or

printed on the petition. The suggested ballot title:

1. Shall not exceed two hundred words, or three hundred words

if the proposed measure will have a fiscal impact on the state;

2. Shall explain in basic words, which can be easily found in

dictionaries of general usage, the effect of the proposition;

3. Shall not contain any words which have a special meaning for

a particular profession or trade not commonly known to the citizens

of this state;

4. Shall not contain euphemisms, words, or phrases regarded in

popular parlance as code words, or an apparent attempt to deceive

voters;

5. Shall not reflect partiality in its composition or contain

any argument for or against the measure;

6. Shall contain language which clearly states that a “yes”

vote is a vote in favor of the proposition and a “no” vote is a vote

against the proposition;

7. Shall not contain language whereby a “yes” vote is, in fact,

a vote against the proposition and a “no” vote is, in fact, a vote

in favor of the proposition; and

8. Shall indicate if a proposed measure will have a fiscal

impact on the state and if so, the potential source of funding

including, but not limited to, federal funding or legislative

appropriation which may require imposition of a new tax, increase of

an existing tax, or elimination of existing services.

C. When a measure is proposed as a constitutional amendment by

the Legislature or when the Legislature proposes a statute

conditioned upon approval by the people:

1. After final passage of a measure, the Secretary of State

shall submit the proposed ballot title to the Attorney General for

review as to legal correctness. Within five (5) business days after

receipt from the Secretary of State, the Attorney General shall, in

writing, notify the Secretary of State, the President Pro Tempore of

the Senate, the Speaker of the House of Representatives and the

principal authors of the bill whether or not the proposed ballot

title complies with applicable laws. The Attorney General shall

Oklahoma Statutes - Title 34. Initiative and Referendum Page 14

state with specificity any and all defects found and, if necessary,

within ten (10) business days of determining that the proposed

ballot title is defective, prepare a preliminary ballot title which

complies with the law and furnish a copy of such ballot title to the

Secretary of State, the President Pro Tempore of the Senate, the

Speaker of the House of Representatives and the principal authors of

the bill. The Attorney General may consider any comments made by

the President Pro Tempore of the Senate or the Speaker of the House

of Representatives submitted within five (5) business days of their

being furnished a copy of the preliminary ballot title. The

Attorney General shall respond in writing to the comments and shall

file a final ballot title with the Secretary of State no later than

fifteen (15) business days after furnishing the preliminary ballot

title; and

2. After receipt of the measure and the official ballot title,

as certified by the Attorney General, the Secretary of State shall

within five (5) days transmit to the Secretary of the State Election

Board an attested copy of the measure, including the official ballot

title.

D. The following procedure shall apply to ballot titles of
ess days after furnishing the preliminary ballot

title; and

2. After receipt of the measure and the official ballot title,

as certified by the Attorney General, the Secretary of State shall

within five (5) days transmit to the Secretary of the State Election

Board an attested copy of the measure, including the official ballot

title.

D. The following procedure shall apply to ballot titles of

referendums ordered by a petition of the people or any measure

proposed by an initiative petition:

1. After the filing of the signed referendum petitions or the

signed initiative petitions, the Secretary of State shall submit the

proposed separate ballot title to the Attorney General for review as

to legal correctness. Within five (5) business days after the

receipt of the ballot title, the Attorney General shall, in writing,

notify the Secretary of State whether or not the proposed ballot

title complies with applicable laws. The Attorney General shall

state with specificity any and all defects found and, if necessary,

within ten (10) business days of determining that the proposed

ballot title is defective, prepare and file a ballot title which

complies with the law; and

2. Within ten (10) business days after completion of the review

and, if necessary, the filing of a ballot title in compliance with

law, by the Attorney General, the Secretary of State shall, if no

appeal is filed, transmit to the Secretary of the State Election

Board an attested copy of the measure, including the official ballot

title, and a certification that the requirements of this section

have been met. If an appeal is taken from such ballot title within

the time specified in Section 10 of this title, then the Secretary

of State shall certify to the Secretary of the State Election Board

the ballot title which is finally approved by the Supreme Court.

R.L. 1910, § 3376. Amended by Laws 1939, p. 145, § 1, emerg. eff.

Feb. 24, 1939; Laws 1965, c. 224, § 1, emerg. eff. June 16, 1965;