ENROLLED SENATE
BILL NO. 800	By:	Sykes of the Senate

			and

		Murphey and Reynolds of the House

An Act relating to initiative and referendum; amending 34 O.S. 2001, Sections 8, 9, as amended by Section 2, Chapter 407, O.S.L. 2005, 10 and 12 (34 O.S. Supp. 2008, Section 9), which relate to initiative and referendum petitions; requiring publication of notice of filing and ballot title of petition; requiring notice of right to protest constitutionality and ballot title; specifying filing requirements and time for filing such protests; specifying certain duties of Secretary of State and Supreme Court; allowing for revival of protest; modifying certain certification by Secretary of State with respect to number of signatures; specifying filing requirements and time for filing objection to validity or number of signatures; modifying time period for review of ballot title and notification to Governor; and providing an effective date.

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

SECTION 1.     AMENDATORY     34 O.S. 2001, Section 8, is amended to read as follows:

Section 8.  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, within ninety (90) days.

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.  Such publication shall include the text of the ballot title as reviewed or, if applicable, as rewritten, by the Attorney General pursuant to the provisions of subsection D of Section 9 of this title, 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, or as to the ballot title as provided in Section 10 of this title.  Any such protest must be filed within ten (10) 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) 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) 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.  Within ninety (90) days after such filing of an initiative petition or determination of the sufficiency of the petition by the Supreme Court as provided in this section, whichever is later, the signed copies thereof shall be filed with the Secretary of State, but the signed copies of a referendum petition shall be filed with the Secretary of State within ninety (90) days after the adjournment of the Legislature enacting the measure on which the referendum is invoked or determination of the sufficiency of the petition by the Supreme Court as provided in this section, whichever is later.  The electors Each elector shall sign their his or her legally- registered name, their address or post office box, and the name of the county in which they reside of residence.  Any petition not filed in accordance with this provision shall not be considered.  The proponents of a referendum or an initiative petition, any time before the final submission of signatures, may withdraw the referendum or initiative petition upon written notification to the Secretary of State.

B. F.  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 process.

C. G.  When the signed copies of a petition are timely filed, 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 by the Secretary of State.

H.  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 such the filing of the signed petitions and the apparent sufficiency or insufficiency thereof and notice that any citizen or citizens of the state may file a protest to the petition or an objection to the count made by the Secretary of State, by a written notice to the Supreme Court of the state and to the proponent or proponents filing the petition, said protest to.  Any such objection must be filed within ten (10) days after publication and must relate only to the validity or number of the signatures.  A copy of the protest or objection to the count shall be filed with the Secretary of State.  In case of the filing of an objection to the count, and notice shall also be given to the Secretary of State and the party filing a protest, if one was filed.

D. I.  The Secretary of State shall deliver the bound volumes of signatures to the Supreme Court.

E. J.  Upon the filing of an objection to the count, 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.

F.  Upon the filing of a protest to the petition, the Supreme Court of the state shall then fix a day, not less than ten (10) days thereafter, at which time it will hear testimony and arguments for and against the sufficiency of such petition.

G.  A protest filed by anyone hereunder may, if abandoned by the party filing same, be revived within five (5) days by any other citizen.  After such hearing the Supreme Court of the state shall decide whether such petition be in form as required by the statutes.  If the Court be at the time adjourned, the Chief Justice shall immediately convene the same for such hearing.  No objection to the sufficiency shall be considered unless the same shall have been made and filed as herein provided.

H. K.  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 attorneys fees to either party as the court Court deems equitable.

I. L.  Whenever reference is made in this act to the Supreme Court of the state, such reference shall include the members of the Supreme Court of the state or any officer constitutionally designated to perform the duties herein prescribed.

SECTION 2.     AMENDATORY     34 O.S. 2001, Section 9, as amended by Section 2, Chapter 407, O.S.L. 2005 (34 O.S. Supp. 2008, Section 9), is amended to read as follows:

Section 9.  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 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 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 (200) 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.  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

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.

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, the Attorney General shall, in writing, notify the Secretary of State, the President Pro Tempore of the Senate and the Speaker of the House of Representatives 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 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 and the Speaker of the House of Representatives.  The Attorney General may consider any comments made by the President Pro Tempore of the Senate or the Speaker of the House of Representatives and shall file a final ballot title with the Secretary of State no sooner than ten (10) business days and 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 referendums ordered by a petition of the people or any measure proposed by an initiative petition:

1.  After the filing and binding of the petition pamphlets of the petition and prior to the gathering of signatures thereon, 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 the filing of the measure and 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 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.

SECTION 3.     AMENDATORY     34 O.S. 2001, Section 10, is amended to read as follows:

Section 10.  A.  Any person who is dissatisfied with the wording of a ballot title may, within ten (10) days after the same is filed by the Attorney General with published by the Secretary of State as provided for in subsection B of Section 9 8 of this title, appeal to the Supreme Court by petition in which shall be offered a substitute ballot title for the one from which the appeal is taken.  Upon the hearing of such appeal, the court may correct or amend the ballot title before the court, or accept the substitute suggested, or may draft a new one which will conform to the provisions of Section 9 of this title.

B.  No such appeal shall be allowed as to the ballot title of constitutional and legislative enactments proposed by the Legislature.

SECTION 4.     AMENDATORY     34 O.S. 2001, Section 12, is amended to read as follows:

Section 12.  When the ballot title has been decided upon an initiative or referendum petition has been properly filed with sufficient signatures thereon, as provided in this title, and all objections or protests have been resolved or the period for filing such has expired, the Secretary of State shall, in writing, notify the Governor, who forthwith shall issue a proclamation setting forth the substance of the measure and the date on which the vote will be held.

SECTION 5.  This act shall become effective November 1, 2009.

Passed the Senate the 12th day of May, 2009.

	
Presiding Officer 	of the Senate

Passed the House of Representatives the 19th day of May, 2009.

	
Presiding Officer	of the House
	of Representatives