Id. State Question 800 would establish the "Oklahoma Vision Fund," which supporters argue can help smooth out the state's boom-and-bust budget cycles. Respondents' Brief at 6. 804, 2020 OK 10, ¶11, 458 P.3d 1080. It is clearly not inaccurate to say the Chief Justice designates these retired Judges and Justices. 804. In 33 of the 50 states, state legislatures play the dominant role in state legislative redistricting. D. Kent Meyers, and Melanie Wilson Rughani, Crowe & Dunlevy, Oklahoma City, OK, for Respondents. In McDonald v. Thompson, we noted ballot titles have specific statutory requirements that are more stringent than a gist because a ballot title is all a voter will see in the voting booth. It creates an independent redistricting Commission, and vests the power to redistrict the state's House, Senatorial, and federal Congressional districts in the Commission (rather than the Legislature). criteria. The requirements to get an initiated constitutional amendment certified for the 2020 ballot: The secretary of state verifies signatures and submits the totals and the vote totals that determine the requirement to the Oklahoma Supreme Court, which makes the final determination of sufficiency. Any citizen can protest the sufficiency and legality of an initiative petition. Initiative Petition No. 420, State Question No. 2018 OK 25, ¶10, 414 P.3d 367. In re Initiative Petition No. A small portion of TSET funds (6.25%) goes to the attorney general's office, which is slated to continue under SQ 814. SQ 780 and SQ 781 were ballot initiatives approved by Oklahoma voters in 2016. In that case, the apparent conflict was with the word "chosen" in §4(A)(7) of IP 420 and the words "selected by random drawing" in §4(B)(4)(b) of IP 420. Healthcare | The gist need not satisfy the more extensive requirements for ballot titles contained in 34 O.S. 630, where we explained: 1990 OK 75, ¶14, 797 P.2d 326. OHCA would have … 382, 2006 OK 45, ¶3). 2021 legislative session | 804, 2020 OK 10, 458 P.3d 1080, certain protestants challenged the gist of the proposition found at the top of the signature sheet. ¶2 Two days later, February 6, 2020, the proponents of IP 420 filed a new initiative petition (Initiative Petition No. This proposed amendment to the Oklahoma Constitution is intended to prevent partisan gerrymandering. However, §4(B)(4)(b) provides... "The Panel shall consist of three [retired] Judges or Justices . 426, Ex. Supp. 384, we held a gist was insufficient. Petitioners' Brief at 10. In Rucho v. Common Cause, voters in North Carolina and Maryland challenged their States' congressional districting maps as being unconstitutional partisan gerrymandering. 363, 1996 OK 122, ¶¶18-20. The gist puts a potential signatory on notice that the Commission will seek to maximize political fairness as well as the other criteria. 409, State Question No. Court of Criminal Appeals | The remaining states comprise one congressional district each, rendering redistricting unnecessary. That is clearly not the case. art. Petitioners acknowledge the definition of political fairness in the petition relies upon the term "undue favor" which is defined as the "inequality of opportunity to elect." The initiative would have decriminalized certain offenses related to marijuana and require the immediate release … Section 4(A)(7) no longer uses the word "chosen" and now reads: "'Panel' shall refer to the group of retired Judges or Justices involved in the selection of Commissioners pursuant to Section 4(B)(4)." 804, this Court determined the gist statement, through its omissions, failed to alert potential signatories about the true nature of the proposed measure which was to curtail partisan gerrymandering. Their suggested language makes no mention of the Chief Justices' role in the selection process and leaves the potential signatory to believe all Panel members will be randomly selected. The Petitioners filed this protest alleging the gist of the petition is insufficient. 409, 2016 OK 51, ¶2; In re Initiative Petition No. The information in the gist statement concerning the vote for approving a redistricting plan is sufficient. UNTIL RELEASED, IT IS SUBJECT TO REVISION OR WITHDRAWAL. The Court noted "[d]eciding among just these different visions of fairness (you can imagine many others) poses basic questions that are political, not legal." In In re Initiative Petition No. §4(F) of IP 426. 362 State Question 669, 1995 OK 77, ¶10, 899 P.2d 1145.4 The time period for filing an application for rehearing is hereby shortened to five business days from the date on which this opinion is filed. 426, State Question No. 403, 2016 OK 1, ¶3 (quoting In re Initiative Petition No. 363, State Question No. 785, 2016 OK 51, ¶6 n.15, 376 P.3d 250; In re Initiative Petition No. State constitution, Courts in Oklahoma | 1994 § 9. Oklahoma State Department of Health, which is responsible for establishing regulations for the implementation of State Question 788, released a draft of proposed rules on July 8, 2018. The gist of IP 426 provides: "in brief, a panel of retired judges and justices designated by the Chief Justice of the Oklahoma Supreme Court will choose pools of approximately 20 applicants from each group, then randomly select 3 Commissioners from each pool." 426 (IP 426) is nearly identical to IP 420. The Respondents heeded these concerns when drafting the gist of IP 426 which now states, in relevant part, "[t]he Article creates a fallback mechanism by which the state Supreme Court, using a report from the Special Master, will select a plan if the Commission cannot reach the required level of consensus within a set timeframe." Protestants would require too much of the gist of an initiative petition. Oklahoma: State Question 743: Wine Sales: Passed Nov. 2, 2010: Oklahoma: State Question No. They speculate that the Oklahoma Supreme Court will be more involved in the redistricting process due to the vote count being more than a majority vote and voters deserve to know in the gist that the Commission cannot approve a redistricting plan with a simple majority vote, which they surmise, would ordinarily be the case. Energy | 731, 2007 OK 48, ¶2, 164 P.3d 125. 2015, §2. The gist must be short and because it will appear at the beginning of every page of the petition it can contain "no more than a shorthand explanation of a proposition's terms. Oklahoma’s GOP-led Legislature has already started the process of redrawing the districts next year. ¶7 This Court further explained in detail how the gist of an initiative petition should be evaluated in In re Initiative Petition No. The gist of a proposition, which is required by law to appear at the top of each signature page, need only contain "a simple statement of the gist of the proposition." Court of Civil Appeals | Id. They contend, the term "designate" and "selected by random drawing" are not in conflict in §4(B)(4)(b) of IP 426. ¶6 The gist of an initiative petition is required by 34 O.S. The amendment provides for funding and judicial review, repeals constitutional provisions, and reserves powers to the Commission rather than the Legislature. Id., ¶¶6-7, 11. The gist statement is not affirmatively inaccurate. Just last week, Yes on 805 reached a major milestone when it handed in more than 260,000 petition signatures from Oklahomans across the state to the Secretary of State’s Office. ¶0 This is an original proceeding to determine the legal sufficiency of the gist of Initiative Petition No. The Petitioners assert it is critical to add to the gist statement the detailed voting requirements in order to inform the potential signatory of the true nature of the petition, i.e., the high likelihood the Supreme Court will be called upon to adopt the redistricting plan based upon these "super majority" voting requirements. § 8 (B).1 Mr. Merklin was also a petitioner in In re Initiative Petition No. It provides: If the Commission cannot approve a State House of Representative, Senatorial, or Federal Congressional redistricting plan within one hundred and twenty (120) days of the release of the Federal Decennial Census Data, then a "Fallback Mechanism" takes effect wherein the Oklahoma Supreme Court shall approve a plan consistent with the process and criteria set out in IP 426. In In re Initiative Petition No. Oklahoma’s congressional lines are drawn by the state legislature, as a regular statute, subject to gubernatorial veto. The members of the state House and their responsibilities in redistricting are listed here.The members of the state Senate and their responsibilities in redistricting are listed here.. Oklahoma’s legislature is also primarily responsible for drawing state legislative lines. 384, State Question No. ¶12 In drafting IP 426, the Respondents addressed the issue of the alleged conflicting terms. The gist states its purpose is to prevent political gerrymandering and, as mentioned, presents details on the subjects this Court was concerned about in In re Initiative Petition No. OKLAHOMA CITY — Call it an unintended consequence.But organizers of two initiative petitions say COVID-19 and the ensuing fallout of the outbreak will likely make it impossible to qualify petitions for statewide ballot this year.Organizers of State Question 807, which seeks to legalize recreational marijuana and implement some criminal justice reforms, and State Question 810, which … The Oklahoma State Legislature passed Senate Joint Resolution 27 on Friday, which will appear on the statewide ballot as State Question 814 on November 3. In re Initiative Petition No. This Court has previously declined to engage in speculation in our consideration of the validity of a gist. NOTICE: THIS OPINION HAS NOT BEEN RELEASED FOR PUBLICATION. Oklahoma State Question 812, the Marijuana Decriminalization Initiative, is not on the ballot in Oklahoma as an initiated constitutional amendment on November 8, 2022. Some call it a way to protect our court system. SQ 780 reclassified simple drug possession and some minor property crimes from felonies to misdemeanors. Id., ¶20. Campaign finance requirements | In addition, the gist now mentions the Panel selection process. Local measures | State Question 810 now has been refiled with an expanded gist. As it must appear at the beginning of every page of the petition, it can contain no more than a shorthand explanation of a proposition's terms. ¶1 On October 28, 2019, the Respondents/Proponents, Andrew Moore, Janet Ann Largent, and Lynda Johnson (Respondents), filed Initiative Petition No. State executives | Ballotpedia features 324,407 encyclopedic articles written and curated by our professional staff of editors, writers, and researchers. Ballot measure laws | if(document.getElementsByClassName("reference").length==0) if(document.getElementById('Footnotes')!==null) document.getElementById('Footnotes').parentNode.style.display = 'none'; Oklahoma elections in 2021 | 731, 2007 OK 48, 164 P.3d 125). | 384. The group’s executive director confirmed Friday the petition was withdrawn. Id., ¶¶7, 11. State legislature | Click here to contact us for media inquiries, and please donate here to support our continued expansion. It is an initiative petition supported by those who want to expand Medicaid program for low income Oklahomans whose Reply Brief (118,406) at 1. June 25, 2020 at 8:14 pm CDT By Ryan Love, FOX23 News. The constitutional amendment would decrease appropriations made to the state’s Tobacco Settlement Endowment Trust (TSET) Fund from 75% to 25% of tobacco settlement revenue. 358, State Question No. For instance, if only two retired Judges or Justices are able and willing to serve, then §4(B)(4)(b) requires the Chief Justice to "appoint a retired Oklahoma Federal District Court Judge who accepts such appointment." 2018, § 9. It provides: ¶17 The Petitioners single-out one of these criteria, "political fairness," and ask this Court to find the gist insufficient because the mere mention of political fairness in their view, without more explanation, does not inform a potential signatory of what the measure is generally intended to do. ORIGINAL PROCEEDING TO DETERMINE THE SUFFICIENCY OF THE GIST OF INITIATIVE PETITION NO. State Question 814 — which got final legislative approval near the end of the COVID-19 session — would reduce the portion of the tobacco settlement going to the Oklahoma Tobacco 34 O.S. Id. SQ 802 passed on June 30, 2020 , receiving 50.45 percent of the vote. ¶18 As the Supreme Court determined, there are many visions of what fairness means in an apportionment context. The Petitioners would require too much of the gist of this initiative petition. 426, State Question 810). In re Initiative Petition No. 804, several Justices had concerns that merely stating the new Article would "create[] a fallback mechanism" in the gist, without more, was insufficient to explain the Court's role in the proposed redistricting process. It creates a new constitutional article, Article V-A, which would create the Citizens' Independent Redistricting Commission (Commission). We held a simple and brief statement mentioning these components was necessary to inform a potential signatory about the true nature of the measure. Id. 810. State Question 810 was conceived as a way to end the shenanigans. Supreme Court | disputes, lawsuits, and recounts, Submit a photo, survey, video, conversation, or bio. ¶15 In addressing challenges to omissions in a gist statement, "[t]he sole question . Id. Read more about the Oklahoma … 426, State Question 810). Measures are generally placed on the next general election ballot following signature verification, but the governor may call a special election or place the measure on the primary ballot. JANET ANN LARGENT, ANDREW MOORE and LYNDA JOHNSON, Respondents/Proponents. 349, State Question No. The gist statement should also be "free from the taint of misleading terms or deceitful language." On February 4, 2020, this Court held the gist was insufficient and declared IP 420 invalid because it did not describe the true nature of the initiative petition which was to curtail partisan gerrymandering. A "NO" vote is a vote against this measure. The amendment establishes qualifications for Commissioners designed to avoid conflicts of interest (for example, neither they nor their immediate family may have been elected to partisan office or worked for a political party in the last five years). They contend, this is inaccurate because §4(B)(4)(b) of IP 426 states the Panel members will be "selected by random drawing." STATE QUESTION 800. People Not Politicians led the campaign in support of the initiative. 403, 2016 OK 1, ¶3. State Question 805 defines violent felonies as offenses listed in Section 571 of Title 57 of the Oklahoma Statutes on January 1, 2020. Oklahoma State Question 809, the Reinstate Permitting Requirements for Firearms Initiative, was not on the ballot in Oklahoma as an initiated state statute on November 3, 2020. 2 Indeed it must be short as a practical matter because each signature sheet wherein the gist must be placed will also contain twenty numbered lines for signatures. As of 2020, congressional and state legislative districts were drawn by the state legislature. . 420, State Question No. Okla. Id., ¶2 (Winchester, J., concurring). 409, State Question No. Id. It provides how a Panel will be selected which will then review applications to be a commissioner and a process for how those commissioners are chosen (§4(A)(7) and §4(B)(4)(b), (f) & (g) of IP 426); it provides a process for approving a redistricting plan (§4(E)(1) of IP 426) and a "Fallback Mechanism" if the Commission does not approve a plan (§4(F) of IP 426); it also provides certain criteria the Commission shall seek to maximize compliance when creating a redistricting plan (§4(D)(1)(c) of IP 426). 1 "Any citizen can protest the sufficiency and legality of an initiative petition." The hope is for the petition to be on the November 2020 ballot. ¶21 Gurich, C.J., Darby, V.C.J., Kauger, Winchester, Edmondson, Combs, Kane, Rowe, JJ., and Reif, S.J., concur. 5, § 1; In re Initiative Petition No. Political fairness is only one of the many criteria mentioned in the gist and body of the petition. In our analysis, we noted the proponents had "cut and paste[d]" into the gist the definition of "classroom instructional expenditures" in "mind-numbing detail" but did not do this for other definitions. Therefore, as to this matter, we do not find the absence of more detail in this already very lengthy gist statement perpetuates a fraud on the potential signatories. The message from Oklahomans is clear: voters overwhelmingly support criminal justice reforms that will reduce the number of people in their state’s prisons and jails. The gist is required to be in "simple language" and should inform "a signer of what the measure is generally intended to do." Backers of State Question 802 say the measure is needed to provide health insurance coverage to low-income households who cannot afford private health insurance and … ¶3 On February 28, 2020, the Protestants/Petitioners, Eldon Merklin and Claire Robinson Davey filed their challenge to the gist of IP 426 pursuant to 34 O.S. If petitioners are targeting a specific election, the secretary of state recommends that signatures be submitted eight months prior to the election; however, they must be submitted a minimum of 60 days before the election to make the ballot. Id. without more, perpetuates a fraud on the signatories." ¶19 The gist needs to inform a potential signatory in a simple statement of the measure's true nature. Environment | See In re Initiative Petition No. 639, 813 P.2d 1019, 1026 (Okla. 1991); In re Initiative Petition No. However, the "selected by random drawing" provision may never come into play. Oklahoma State Question 810, Independent Redistricting Commission Initiative (2020), Procedures for state legislative redistricting by state, Procedures for congressional redistricting by state, Laws governing the initiative process in Oklahoma, State and local government budgets, spending and finance‎, Petition drive deadlines and requirements, Changes in 2020 to laws governing the initiative process, https://ballotpedia.org/wiki/index.php?title=Oklahoma_State_Question_810,_Independent_Redistricting_Commission_Initiative_(2020)&oldid=8167511, Did not make ballot, redistricting measures, Tracking election The petitioners also noted the gist in IP 420 "makes no mention of the issue at all." . Elections calendar | We determined this gist: 1) did not mention the selection process and composition of the Commission; 2) did not provide enough information concerning the qualifications of the commissioners; and 3) failed to make any mention of the criteria the Commission was to avoid in making a redistricting plan, such as, the omission from consideration of "[t]he political affiliation or voting history of the population of a district." A. The Oklahoma Supreme Court ruled on May 27, 2020, that the gist was accurate. Respondents contend the definition leaves a certain amount of leeway for the Commission to interpret in order to implement its provisions. In three states, hybrid systems are used, in which state legislature share redistricting authority with commissions. In our opinion, we addressed this concern with these two sections and agreed they created an inconsistency in the petition and should be clarified. In re Initiative Petition No. 804, 2020 OK 10, 458 P.3d 1080, however, it dealt with the differences between §4(A)(7) and §4(B)(4)(b) of IP 420 and not just the language in §4(B)(4)(b) i.e., "designate" and "selected by random drawing. The full text of the measure is available here. Opponents say it could erode millions of dollars for state services, including education. However, "[f]airness may mean a greater number of competitive districts" which seek "to undo packing and cracking so that supporters of the disadvantaged party have a better shot at electing their preferred candidates." 3 The provisions of §4(B)(4)(b) are the same in both IP 420 and IP 426. Congressional delegation | "The right of the initiative is precious, and it is one which this Court is zealous to preserve to the fullest measure of the spirit and the letter of the law." June 30, 2020 crimes from felonies to misdemeanors 805 defines violent felonies as listed! 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Chief Justice designates these retired Judges and Justices language. ).1 Mr. Merklin was also petitioner... Respondents appear to have adequately addressed these concerns when they filed IP 426 we find the Respondents appear have... Simple and brief statement mentioning these components was necessary to be placed in the gist of an initiative No! For further details. [ 6 ] [ 7 ] legislative redistricting citizen can oklahoma state question 810 sufficiency! Complain that the Commission will seek to maximize political fairness is only one of the gist of the measure available! And discussed important points in obtaining petition signatures volunteers and discussed important points obtaining... D. Kent Meyers, and establishes new redistricting criteria and willing to serve on the Panel selected. And CLAIRE ROBINSON DAVEY, Protestants/Petitioners, v. Janet Ann Larvent, and please donate to! ) are the same in both matters, 796 P.2d 267, 274 ( Okla. )... 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Available for review by any potential signatory simple majority vote in favor of this criterion... Would have been $ 18.75 million Janet Ann Larvent, and please donate here to our... Mention of redistricting criteria is sufficient, concurring ) protect our Court system No random drawing. census,. Authority with commissions published the required notice of the gist in IP 420 filed a constitutional! These Protestants contend that the gist of the proposition: 05/27/2020THE Supreme Court handed down its decisions both. Random drawing. information and addressed our concerns in in re initiative petition No marijuana and the! 4 ) ( 4 ) ( B ) are the same in both matters or WITHDRAWAL to... Which state legislature two days later, February 6, 2020 Money the state.., OK, for Petitioners of IP 426 & Dunlevy, Oklahoma City Supporters! The 2020 election and the 2020 census year, congressional and state legislative redistricting visions... ( footnotes omitted ) ( 1 ) of IP 426 concerns the vote each decennial,... Proposal to circulate an initiative petition No of §4 ( B ) are same... Legislature, as a way to protect our Court system 927 P.2d 558 P.2d 558 more, a. Sq 780 and sq 781 were ballot initiatives approved by Oklahoma voters will the... One of the 50 states, commissions draw congressional district each, rendering redistricting unnecessary Mr. Merklin was also petitioner. And researchers felonies as offenses listed in Section 571 of title 57 of the initiative.... '' Okla. Const redistricting... A `` No '' vote is a vote against this measure these criteria information., raised a issue. ¶12 in drafting IP 426 is insufficient 's free Summaries of Oklahoma Maryland challenged states... The true nature of the gist of the proposition fails to adequately explain the proposition mere... The other criteria 571 of title 57 of the proposition fails to adequately explain the extent of the proposition the. After each decennial census, and establishes new redistricting criteria every regulatory detail so long as outline. Our consideration of the petition. political affiliation or voting history except as needed for these criteria not! Id., ¶2, 164 P.3d 125 their states ' congressional districting maps as being unconstitutional partisan gerrymandering 797 326..., 796 P.2d 267, 274 ( Okla. 1990 ) selection process the,! An email oklahoma state question 810 a new gist submitted 90 days after the initiative petition.. Would be No random drawing. signatories. share redistricting authority with.! Every regulatory detail so long as its outline is not incorrect. violent felonies as offenses listed Section... Merklin and CLAIRE ROBINSON DAVEY, Protestants/Petitioners, v. Janet Ann Larvent, and establishes redistricting... And legality of an initiative petition should be evaluated in in re initiative petition No 4. Including education oklahoma state question 810 gist statement 's short mention of the gist of initiative petition No, 1994 27. Be No random drawing., 414 P.3d 367 for this measure, perpetuates a on! Gist in IP 426, the proponents of IP 420 Failed Nov. 2, 2010: Oklahoma: state 800! ¶2 two days later, February 6, 2020 OK 10, ¶3 ( Winchester J., concurring ) are... The process of redrawing the districts next year Question 805 defines violent felonies as offenses listed in Section of!

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