By Constitution Staff

Oklahoman’s have voted on over 400 State Questions since statehood. State Questions can be initiated by the Legislature with passage of a resolution in both chambers, and does not require approval of the governor. But, proposals can also be placed on the ballot through the initiative petition process by collecting the signatures of a sufficient number of voters. One such initiative is already scheduled for a vote in 2026, two others have been approved to collect signatures, and two additional ones are in the early stages of the initiative process.

State Question 836

On September 16, the Oklahoma Supreme Court rejected a legal challenge to proposed State Question 836, clearing the way for proponents to begin gathering signatures. The challenge had been filed by the Oklahoma Republican Party and Ronda Vuillemont-Smith, former chair of the Tulsa County Republican Party. The protest included many issues, but the most fundamental part of the protest was that it would dissolve one of a political party’s most fundamental roles of choosing their candidates to carry their party banner to the voters. But, the state high court said it did not find sufficient grounds to block the proposal at this stage.

State Question 836 would dramatically change the way elections are conducted, going from the present “closed primary” system to an “open primary” method. It would replace the current partisan election primary system with a single “top-two” primary. All candidates, regardless of party, would appear on the same ballot. The two candidates receiving the most votes, regardless of their party registration, would advance to the general election.

On October 8, the Oklahoma Secretary of State notified the proponents of the initiative, Oklahomans United for Progress, that the 90-day signature collection period could begin. Proponents can collect signatures starting on October 29, 2025, and all signed petition pamphlets are due on January 26, 2026. Currently in Oklahoma, 172,993 valid signatures are required for initiatives such as SQ 836 that would make a constitutional change.

The proposal is labeled as Open Primary Election, which is actually misleading. In a closed primary system, which Oklahoma and most states presently use, one must be registered as a voter of a specific political party in order to vote in that political party’s primary. In other words, only voters registered Democrat can vote in the Democratic primary, and only voters registered Republican can vote in the Republican primary. In most states that have an open primary system, a voter does not have to be registered with the political party to vote in its primary, but the voter must choose the ballot for the party they wish to vote.

The proposed jungle primary, on the other hand, is different. In a jungle primary, which is being proposed for Oklahoma, all candidates for an office, whether they be Democrat, Republican, Libertarian, or independent, run on one unified primary ballot. While the candidates are still identified by their party, the voter can vote for any candidate they wish on that ballot. If one candidate wins a majority of the vote, then that candidate has won the election, and there is no need for a general election. If no candidate gets a majority, then the two leading candidates appear on the General Election ballot.

Since it is highly unlikely that a single candidate could achieve a majority in a large field of candidates which includes Democrats, Republicans, Libertarians, and independents, the jungle primary usually sends the top two vote-getters, regardless of political party, to the general election. It is therefore possible – and it has happened in California – where both general election candidates are of the same political party. It also means that independent candidates, and third party candidates such as Libertarians, are unlikely to make it to the general election ballot. Currently, independents and all political party nominees appear on the general election ballot.

The group originally filed a petition as State Question 835, but later withdrew that petition and refiled the issue as State Question 836. Officials with the group say they took this action to clarify concerns and strengthen the petition language. The refiled petition explicitly clarifies that its constitutional provisions do not impact the selection of presidential electors and ensures that the initiative solely addresses the process for partisan primary elections at the state, county, and at the federal level for only the U.S. Senate and U.S. House elections. Additionally, SQ 836 includes that candidates will appear on the ballot identified by party “registration” (SQ 835 had used the term “affiliation”).

In 2004, Washington became the first state to adopt a top-two primary system for congressional and state-level elections. California adopted a top-two primary system in 2010. In Nebraska, a top-two primary system is utilized for state legislative elections. Because Nebraska’s state legislature is nonpartisan, partisan affiliation labels are not listed next to the names of state legislative candidates.

State Question 837

On July 18, the Oklahoma Secretary of State notified proponents of a recreational marijuana initiative that since no challenges had been filed, the 90-day signature collection period could proceed for State Question 837. The proposed constitutional amendment, the Oklahoma Responsible Cannabis Act, would legalize marijuana for adults 21 years of age and older. Proponents could start collecting signatures on August 6, and they must submit signatures by 5 p.m. on November 3. Currently in Oklahoma, 172,993 valid signatures are required for SQ 837 since it would make a constitutional change.

Oklahomans for Responsible Cannabis Action (ORCA) filed the initiative petition on March 31, 2025. Current state law only allows residents to purchase and possess marijuana if they have a medical marijuana patient license. If the proposal becomes law, anyone could walk into a dispensary and make a purchase if they are at least 21 years old.

The proposal would preserve the existing medical marijuana system structure, and those who keep their medical patient status would be exempt from paying the current 7% excise tax for cardholders. Those without a patient license would pay a new 10% excise tax on their purchase. The excise tax revenue would be split between the state, and the county and city where it was sold. The amendment also includes a provision that authorities cannot presume someone’s impairment or intoxication based solely on the use of marijuana or the presence of THC in their body. “Proof of impairment requires confirmation of impairment through the use of cognitive, kinetic and/or behavioral evaluations,” the proposed constitutional change states.

ORCA Director Jed Green said the proposal is different than what was proposed in State Question 820 which was defeated in a Special Election in 2023 by nearly 62% of voters. “One of the fundamental differences between that and what is now State Question 837, is that SQ 820 would have created a duplicate licensing system that has demonstrably failed in multiple other states,” Green said. Also, the previous state question would have only amended state statutes instead of the Oklahoma Constitution, which Green would have made it easier for state lawmakers to later alter the law.

If there are sufficient signatures, ORCA says it wants State Question 837 to be voted on as soon as the 2026 June primary election, or as late as the general election in November. Governor Kevin Stitt could also call for a Special Election, according to state statute.

State Question 838

Francetta Mays, the Associate Pastor at Vernon AME Church in Tulsa, filed paperwork with the Oklahoma Secretary of State on September 4, 2025 for a proposal to establish June 1 as “Greenwood Remembrance and Reconciliation Day.” The day would become an official state holiday (but not a day that government offices would be required to be closed) focused on honoring the lives lost and remembering the destruction of Black Wall Street during the 1921 Tulsa Race Massacre.

The Secretary of State has affirmed that the proposed gist of Initiative Petition 450, designated as State Question 838, conforms with state requirements and published notice that September 11 would be the first day of the 90-day appeal/protest period which ends on December 11.

Mays conducts historical tours at the Vernon AME Church in the Greenwood District, the only surviving Black-owned structure from the massacre which occurred May 31 to June 1, 1921. During the massacre the church served as a safe haven for residents of the area.

If the measure survives any challenges, supporters will then have 90 days after petition approval from the state to collect signatures. Because it is not a constitutional amendment, but only a new statute or law which can be changed by the Oklahoma Legislature, it only requires 92,263 valid signatures to place the measure on the ballot. The goal of proponents is to have the state question appear on the ballot in 2026.

State Question 839

A coalition of civic leaders and concerned citizens has launched an effort to take back control of Oklahoma’s government from special interests and force more transparency into the legislative process. On September 12, Open Government Initiative, Incorporated (OGII) filed Initiative 451, designated as State Question 839, which would amend the state constitution by adding requirements for Legislative Bill Hearing Rights and Accountability Enforcement. The Secretary of State is reviewing the measure to affirm if the proponents’ suggested gist of the proposition conforms to state requirements.

OGII stands against legislative leaders that unilaterally block bills from even being heard, regardless of public support or merit. The leader of the group is former state Representative Charles Key (R-Oklahoma City) who tried to reform the legislative process by changing legislative rules during his time in the Legislature. Key criticized the Legislature’s lack of transparency, where major decisions and leadership deals are often made behind closed doors, influenced by special interests. “This isn’t about partisanship,” said Key. “It’s about open government, public accountability, and giving Oklahomans the voice they deserve in their own Legislature.”

The proposed constitutional amendment guarantees each Oklahoma Legislator the right to have at Least three bills heard in committee each year. If passed by a legislative committee, bills must be scheduled for a floor vote upon the request of the bill’s author. Violations would result in a $10,000 fine for the first offense and automatic expulsion after a second. The amendment would override conflicting constitutional provisions on expulsion, but preserves other Legislative rules and procedures.

State Question 832

One measure is already on scheduled for a statewide vote. Last year, supporters of an initiative petition to place State Question 832 on the ballot submitted nearly 180,000 signatures and the Secretary of State verified 157,287 signatures to be valid. Since it is only a state statute change and not a constitutional change, it can be amended in the future by the Legislature with approval of the Governor and only required 92,263 signatures. The proposal would gradually raise the minimum wage in Oklahoma from the current $7.25 per hour to $15 in 2029 and require future increases based on the U.S. Department of Labor’s Consumer Price Index.

By the time the Minimum Wage initiative passed the final legal hurdles, the deadline for the General Election on November 5, of 2024, had already passed. So, Governor Stitt scheduled the election for the next statewide vote which will be the June 16, 2026 Primary Election ballot. In a statement, Governor Stitt said setting the question for the next eligible statewide election would save the state $1.8 million compared to holding a Special Election for the measure.

Last year, Chad Wormington, the president and CEO of the Oklahoma Chamber of Commerce, said the proposal was a “major concern.” These “automatic, open-ended increases being linked to a federal government produced index that is based upon cost-of-living rates in cities like New York or San Francisco,” and areas like them, “are not reflective of the actual cost of living in Oklahoma.” Yet, this unrealistic standard would be imposed upon businesses in Oklahoma, which has a much lower cost-of-living.

Reform of the Initiative Petition Process on Hold

Earlier this year, the Oklahoma Legislature passed legislation which was signed into law on May 23 by Governor Stitt that will impact the future collection of signatures on initiative petitions. Senate Bill 1027, by Sen. David Bullard (R-Durant) and House Speaker Kyle Hilbert (R-Bristow) makes reforms to the initiative petition process. The bill requires that initiative petitions gather signatures from a larger geographic swath of Oklahoma, although successful petitions could still visit far less than half the state. The number of signatures from any given county is capped at a set percentage of the number of votes cast in that county in the last general election for Governor. The effect of this reform is that signatures must come from at least 18 of Oklahoma’s 77 counties. It also requires paid signature gatherers to disclose their financial backers and mandates that only registered Oklahoma voters are eligible to gather signatures. It also will simplify the language of petition summaries, or gists, and requires that these summaries explicitly state whether a petition will have a fiscal impact. It also requires that those who sign a petition must first read the full ballot title for the proposed measure.

Because of legal challenge, the legislation was blocked by the Oklahoma Supreme Court from going into effect until the court rules on the challenge. State Question 836 was the first initiative petition that would have been impacted by the changes. But, since the court has not yet settled the issue, the collection of signatures will be governed by the laws in effect as of November 2024. The Oklahoma Supreme Court is scheduled to hear oral arguments on the challenge on November 18. Senate Bill 1027 was one of the ten bills we included on the 2025 Oklahoma Conservative Index rating state legislators.