OKPOLICY.ORG
NOTE: This post references legislation that was proposed, but did not pass, during the 2022 Legislative Session.
—
State questions provide the opportunity for Oklahoma voters to consider changes to Oklahoma laws or the state constitution through a vote of the people. State questions are placed on the ballot either through legislative referendum or by citizens through an initiative petition process. From Medicaid expansion to criminal justice reform, Oklahoma voters have used initiative petitions to implement solutions addressing our state’s dire problems when lawmakers may have been unwilling or unable to take action themselves. In response, legislators this session have filed several bills that would increase the threshold for citizen-led petitions or raise the bar needed to approve them once they’re on the ballot. State questions have played a vital role in enacting needed change — we should not be creating more barriers in this process.
Voters have used state questions to solve some of Oklahoma’s most pressing problems
State questions have been used to enact sweeping policy change. In 2020, voters passed State Question 802 to expand Medicaid, which to date has provided health insurance to more than 260,000 Oklahomans. In 2016, Oklahomans passed SQ 780 and 781 that reformed Oklahoma’s criminal justice system and decreased our swelling prison population. Similarly, voters approved SQ 788 in 2018 that legalized medical marijuana. These measures were life-changing for a large number of Oklahomans.
Oklahomans have used initiative petitions for more specialized issues affecting a smaller population that the Legislature simply has not addressed. For example, voters have weighed in on measures that govern winemakers, medical examiners, and optometrists. Ballot measures are a vital tool to bring to light issues — both great and small — that affect Oklahomans every day.
Legislators are trying to make it harder for voters to have their voices heard
Citizen-led ballot initiatives tell us what problems they believe policymakers have not satisfactorily addressed. Legislators should use ballot initiatives to understand their constituents’ concerns and develop policy solutions. Several measures being considered this session would make it harder to pass a state question, thereby making it harder for Oklahomans to request action when their voices are not being heard. Some proposals would increase the majority requirement to pass a state question, while others would require that the petition signature threshold be met in every Congressional district or county. If passed, these bills would hobble a time-tested means to needed policy change.
Proposed legislation would make it harder to pass a state question
| State Legislation | Description |
|---|---|
| HJR 1002 | Would require that the signature threshold be met in every county |
| HJR 1058 | Would require a 55 percent majority to pass a constitutional amendment by initiative petition (simple majority to repeal provisions of the Constitution) |
| HJR 1059 | Would require a 55 percent majority to pass a constitutional amendment by legislative referendum (simple majority to repeal provisions of the Constitution) |
Oklahoma’s initiative petition process already contains big hurdles
Law already requires a rigorous process to get a state question on the ballot. Petitioners must file initiative language and a ballot title with the Secretary of State and Attorney General and oftentimes survive various legal challenges. Then, organizers have a short period of time to gather hundreds of thousands of signatures. In the past decade, only seven citizen-led state questions have made the ballot. It takes a Herculean effort on behalf of organizers and dedicated volunteers not just to win an election but simply to get a question before voters.
Compared to other states that allow initiative petitions, Oklahoma’s process is already extremely rigorous. Our signature threshold is one of the highest, requiring eight percent of the votes cast at the last general election for the Office of Governor, while a constitutional amendment requires 15 percent.
Oklahoma has a high signature threshold compared to other states
(Listed approximately from lowest signature requirements to highest)
| State | Signature requirement |
|---|---|
| North Dakota |
For statutory initiatives, 2% of the residential population according to the last federal decennial census. For constitutional amendments, 4% of the resident population. |
| Massachusetts |
3% of the votes cast for governor at the preceding biennial state election to submit to the legislature. If the legislature does not enact the statute, another round of signatures is required equaling 0.5% of votes for governor |
| Montana |
For statutory initiatives, 5% of the total qualified electors of the state, determined by the number of votes cast for governor in the preceding general election. For constitutional amendments, 10% of the total qualified electors of the state. |
| Missouri |
For statutory initiatives, 5% of the total vote for governor in the last election in each of two-thirds of the state’s congressional districts. For constitutional amendments, 8% of total vote for governor in the last election in each of two-thirds of the state’s congressional districts. |
| Idaho | 6% of the qualified electors at the time of the last general election |
| Oregon |
For statutory initiatives, 6% of the total votes cast for all candidates for governor in the last general election. For constitutional amendments, 8% of the total votes cast for all candidates for governor in the last general election. |
| Washington | 8% of the votes cast for the office of governor at the last regular gubernatorial election. |
| South Dakota | 5% of the qualified electors, based on the total number of votes cast for governor at the last preceding gubernatorial elections |
| Colorado | 5% of votes cast for secretary of state in last election |
| Utah |
For indirect initiatives submitted to the legislature, 5% of all votes cast for all candidates for U.S. president at the last general election. For direct initiatives, 10% of the cumulative total of all votes cast for U.S. president. If the legislature does not enact the proposition, then proponents may collect the additional 5% of signatures required to get the measure onto the ballot. |
| California |
For statutory initiatives, 5% of votes cast for governor in the last election. For constitutional amendments, 8% of votes cast for governor in the last election. |
| Nebraska |
For statutory initiatives, 7% of votes cast for governor in the last election. For constitutional amendments, 10% of votes cast for governor in the last election. |
| Illinois | 8% of the votes cast for governor in the last gubernatorial election |
| Arkansas |
For statutory initiatives, 8% of the total number of legal voters. For constitutional amendments, 10% of the total number of legal voters. |
| Florida | 8% of total votes cast statewide in last presidential election |
| Michigan |
For statutory initiatives, 8% of the total votes cast for governor in the last general election. For amendments, 10% of the total votes cast for governor in the last general election. |
| Ohio |
For indirect statutory initiatives, 3% of the votes cast for governor in the last election to submit to the legislator. Another 3% is required to qualify for the ballot if not enacted by the legislature after four months. For constitutional amendments, 10% of the votes cast for governor in the last election. |
| Oklahoma |
For statutory initiatives, 8% of legal voters that cast ballots for governor in the last election. For constitutional amendments, 15% of legal voters that cast ballots for governor in the last election. |
| Nevada | 10% of the votes cast in last general election |
| Alaska | 10% of total votes cast in previous general election with geographic requirements |
| Arizona |
For statutory initiatives, 10% of votes cast for all candidates for governor in the previous election. For constitutional amendments, 15% of votes cast for all candidates for governor in the previous election. |
| Maine | 10% of the total votes cast for governor in the last gubernatorial election |
| Mississippi | 12% of the total votes cast in the last gubernatorial race for governor |
| Wyoming | 15% of the total ballots cast in the previous general election |
| Source: National Conference of State Legislatures | |
Oklahoma also has one of the shortest circulation periods, with just 90 days to collect hundreds of thousands of signatures. More bureaucratic barriers, such as geographic signature requirements or supermajority voting thresholds, would be incredibly difficult for everyday Oklahomans to meet and would keep voters from having a say on many important issues. Additionally, it would create an environment where only the most well-funded organizations have their questions placed on the ballot due to the immense resources needed to meet these standards.
Oklahoma legislators should respect state questions — not make them harder to pass
Many legislators have voiced displeasure with the passage of recent state questions, including Medicaid expansion and medical marijuana legalization. Some have tried to blame outside influence and an urban-rural divide, but the truth is that Oklahomans have a history of taking matters into their own hands when lawmakers have failed to act. Instead of making the state question process harder, legislators should be using the opportunity to learn about what voters care about and what problems they should be solving.
Call to action: Oklahomans can help preserve their right to shape state laws through the initiative petition process. Oklahomans can take action by contacting their state senator and asking them to vote against any bill that would make it harder to pass a state question. It is a process that has served Oklahoma well and should be protected to protect the voice of the people
