ENROLLED SENATE
BILL NO. 783	By:	Sykes of the Senate

				and

			Johnson, Reynolds, Wright (John), Tibbs and Ritze of the House

An Act relating to counties and county officers; requiring county commissioners to make certain filings; providing requirements of certain ballot titles; requiring the district attorney to make certain legal determination; requiring response to be in writing; providing for publication of certain propositions; providing for codification; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 388 of Title 19, unless there is created a duplication in numbering, reads as follows:

A.  When a county of this state is authorized to submit a proposition for approval by the registered voters of the respective county, whether by special election or otherwise, that will require a ballot title, it shall be the duty, in addition to any other duties required by law, of the county commissioners submitting the measure to prepare and file one copy of the measure with the district attorney of the county.

B.  The county commissioners submitting the measure shall also submit a suggested ballot title which shall be filed on a separate sheet of paper and shall not be deemed part of the petition.  The suggested ballot title:

1.  Shall not exceed two hundred words;

2.  Shall explain in basic words, which can be easily found in dictionaries of general usage, the effect of the proposition;

3.  Shall be written on the eighth‑grade reading comprehension level;

4.  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;

5.  Shall not reflect partiality in its composition or contain any argument for or against the measure;

6.  In tax-related propositions, the proposition shall detail all known direct and indirect increases and decreases affecting the tax code;

7.  In tax-related propositions, the proposition shall use the word “increase” when an increase in a tax may depend on the passage or failure of the proposition;

8.  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; and

9.  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.

C.  The district attorney of the county for which a measure has been proposed shall review the filing required by subsections A and B of this section for legal correctness.  Within five (5) days, the district attorney shall notify, in writing, the county commissioners whether or not the proposed ballot title complies with applicable laws.

D.  A proposition subject to the provisions of this section shall be published as provided in Section 383 of Title 19 of the Oklahoma Statutes.

SECTION 2.  This act shall become effective November 1, 2009.

Passed the Senate the 5th day of May, 2009.

	
Presiding Officer 	of the Senate

Passed the House of Representatives the 14th day of April, 2009.

	
Presiding Officer	of the House
	of Representatives