By Constitution Staff

A number of proposed State Questions to change the state constitution or state statutes are headed to the November 8, 2016 general election ballot. The Oklahoma Legislature can propose initiatives or groups can file Initiative Petitions. Initiative petitioners have 90 days to collect the required number of signatures to place measures on the ballot. Legislative Referendums must be approved by both chambers of Oklahoma Legislature and do not require approval of the governor. For an initiative requiring a constitutional change, petitioners must gather signatures totaling 15 percent of the number of votes cast in the last general election. Since 824,831 people voted for governor in 2014, the number of signatures needed is 123,725. For an initiative petition not requiring a constitutional change, petitioners must gather signatures totaling only 8 percent of the number of votes cast in the last general election, which would require 65,987 signatures.

Legislative Referendums on Ballot

In the 2015 session, the Legislature approved two resolutions which will appear on the November ballot. Senate Joint Resolution 31 concerns the death penalty, and House Joint Resolution 1012 deals with the protection of farming and ranching. State Question 776 would allow the methods of execution to be changed. It also states that the death penalty is not cruel and unusual punishment. State Question 777 guarantees the right to engage in certain farming and ranching practices.

Medical Marijuana

Last August, Green the Vote, a grassroots organization based in Tulsa filed Initiative Petition 402 with the Oklahoma Secretary of State to place medical cannabis (aka medical marijuana) on the ballot as State Question 778. A similar effort by Oklahomans for Health the previous year fell significantly short of the number of signatures needed. This latest effort also fell short of the necessary signatures. Supporters need 123,725 valid signatures of registered voters for the question to be placed on the ballot, but only managed to collect about 70,000 signature. The group went ahead and delivered the six boxes of signatures to the Secretary of State on December 29, but they were not officially counted or validated since they were clearly under the number required.

The proposed constitutional amendment would have classified marijuana as a herbal drug to be regulated by the Oklahoma State Department of Health. It would have allowed persons in Oklahoma to legally use, possess and cultivate cannabis for their medical needs with the recommendation of their personal physician and also allow medical cannabis dispensaries for the sale of medical cannabis and cannabis infused/related products. The medical cannabis would be regulated and have a tax of 7 percent on the sales. It is unlikely that another attempt will be made until at least 2018.

On April 11 a new petition aimed at legalizing medical marijuana was filed in an effort to put the measure on the November ballot. This new effort is by Oklahomans for Health, the same group that made the failed attempt two years ago. However, this time the group is not seeking to change the state constitution, but instead would make a change to statutes. A statutory change could be repealed by the Legislature, while amending the state constitution would make it harder for future legislatures to repeal the changes. For an initiative petition not requiring a constitutional change, petitioners must gather only 65,987 signatures rather than the 123,725 required for a constitution change. Since the last two efforts collected about that number, they believe the effort will be successful this time. They actually need to gather about 100,000 signatures to account for invalid signatures that are typically discovered.

Initiative Petition 412 is being supported by former state Rep. Joe Dorman (D-Rush Springs) who was the Democrat candidate against Gov. Fallin in the 2014 election. The current effort is similar to the previous effort and calls for the state Health Department to regulate the dispensing of marijuana to people with a doctor-signed license to obtain it. But, while the previous effort included a detailed list of qualifying medical conditions for which a doctor could prescribe medical marijuana, the new proposal leaves it to the doctor's discretion. "I would rather see something left in the hands of a doctor rather than politicians and bureaucrats," Dorman said.

A 7 percent tax would be applied to retail sales, with the money going first to finance regulatory expenses. Then, 75 percent of excess funds would go to common education and 25 percent to drug and alcohol rehabilitation. There are currently 23 states that have medical marijuana programs. If the petition is not challenged and the ballot title clears scrutiny, proponents hope to begin collecting signatures around the first of May. If the effort is successful it would appear on the ballot as State Question 788.

Penny Sales Tax for Education

Supporters of a petition for a penny sales and use tax increase for schools launched a 90-day statewide signature drive on February 16. Oklahoma's Children -- Our Future has until May 16 to collect the 123,725 signatures needed to place a constitutional change on the ballot. University of Oklahoma president David Boren, who has spearheaded Initiative Petition 403, announced on March 28 that the group had already surpassed the required number of voter signatures. Therefore, they should have a sufficient number by the deadline to guarantee enough valid signatures to place the measure on the ballot.

The current state sales tax rate in Oklahoma is 4.5 percent with additional sales taxes imposed by local governments. It is estimated that the proposed tax increase would raise approximately $615 million per year. Based on that amount, $378 million would be used to fund an increase of approximately $5,000 per year in public school teacher salaries. An additional fund of $50 million would be used for grants for locally controlled reforms such as incentive pay or reading programs. Approximately $125 million would go to higher education to hold down the cost of college tuition and fees. Another $50 million would go for early childhood programs, and $12.5 million for the state career-technology centers. If the petition drive succeeds, the measure will appear on the November 8 ballot as State Question 779.

Outlawing Abortion

The Oklahoma Supreme Court on March 22 decided that an initiative petition calling for a statewide vote on a measure to outlaw abortion in the state is unconstitutional. The state's highest court handed down the decision concerning Initiative Petition 406. The court said the U.S. Supreme Court had already ruled that a woman has a right to obtain an abortion and that the justices are legally bound to follow U.S. Supreme Court mandates. Thomas Hunter had filed paperwork in January to launch the signature drive which would have made anyone who performs an abortion guilty of a homicide. The Oklahoma chapter of the American Civil Liberties Union had challenged the petition.

In addition to prohibiting abortion, the measure would have prohibited contraception that causes the death of an unborn human being. It would also prohibit the deliberate destruction of unborn human beings created in a laboratory. The measure would not prohibit practices such as in vitro fertilization, but any unborn human beings created as a result of such procedures could not be deliberately destroyed.

Modernizing Alcohol Laws

Multiple efforts are underway to change Oklahoma's alcohol laws. Oklahomans for Modern Laws filed Initiative Petition 407 to allow strong beer and wine to be sold in grocery and convenience stores, but withdrew the measure on March 7. The proposal was described as one of the biggest changes to Oklahoma's liquor laws since Prohibition ended in 1959 and liquor-by-the-drink was allowed in bars and nightclubs in 1984. Two other similar proposes have been filed but are facing legal challenges. A Legislative Referendum is also in progress.

Beer and Wine Sales

Initiative Petition 409 would permit businesses that currently hold licenses to sell low-point beer and malt beverages regardless of percent alcohol by volume. It would allow certain business entities, including grocery stores, to qualify for a license to sell wine for off-premises consumption. It allows small brewers to sell their products at a brewery or festival or trade show and allows them to sell alcoholic beverages by the drink at a restaurant co-located on the premises of the brewery. It provides that all employees who handle or sell alcoholic beverages must obtain an employee license from the Alcohol Beverage Laws Enforcement (ABLE) Commission. It permits Retail Package Store licensees to sell all items that are sold in convenience and grocery stores. It would permit Retail Package Store licensees and Retail Wine Grocery Store licensees to sell their products on any day of the year except for Thanksgiving Day and Christmas Day and would eliminate the prohibition of advertising of alcoholic beverages. It also would provide funding for the Department of Mental Health for treatment and prevention of mental health disease. A protest was filed with the Oklahoma Supreme Court on March 11, 2016. If it survives the legal challenge and the petition drive succeeds, the measure will appear on the November 8 ballot as State Question 785.

Regulating Alcoholic Beverages

Initiative Petition 410 would require the Legislature to enact certain laws regulating alcoholic beverages. Common ownership between tiers of the alcoholic beverage business would be prohibited and direct shipments to consumers would be prohibited. It would permit the sale of wine and beer at certain licensed retail outlets. Licensees could sell refrigerated or non-refrigerated products, and retail spirits licensees could sell products other than alcoholic beverages in a limited amount. Certain restrictions relating to the involvement of the state and political subdivisions and public employees would be specified. Municipalities could also levy an occupation tax. The Legislature would by law designate days and hours during which alcoholic beverages could be sold, and would impose taxes on sales. A protest was filed with the Oklahoma Supreme Court on March 24, 2016. If the petition drive succeeds, the measure will appear on the ballot as State Question 786.

Legislative Referendum on Modernizing Alcohol Laws

Senate Joint Resolution 68, by state Rep. Glen Mulready and state Senators Stephanie Bice (R-Edmond) and Clark Jolley (R-Edmond), would place a question on the November ballot to allow voters to remove the Alcohol Beverage Laws Enforcement (ABLE) Commission from the state Constitution. The commission would be replaced by a regulatory body created by statute. While SJR 68 would allow voters to make the constitutional changes necessary, Sen. Stephanie Bice is principal author of Senate Bill 383, co-authored by Jolley, which would make the statutory changes needed to modernize Oklahoma laws on beer and wine sales. SJR 68 was approved by the Senate 28-16 ib March 1 and moves to the House of Representatives for further consideration. While the initiative petitions are seeking many of the same changes, the problem with the initiative petition process is that it would leave many of Oklahoma's alcohol laws that are part of the state statutes to be worked out after a vote of the people, Jolley said.

Oklahoma Smart Justice Reform Act

Initiative Petition 404 is one of two measures proposed by Oklahomans for Criminal Justice Reform whose current chairman is Kris Steele, the former Oklahoma House Speaker. It also is being supported by former Gov. Brad Henry. The first proposal would amend statutes to reform criminal sentences for certain property and drug offenses, making certain property offenses misdemeanors. It would make simple drug possession a misdemeanor. Property offenses where the value of the property is one thousand dollars or more would remain felonies, and the distribution, possession with intent to distribute, transportation with intent to distribute, manufacture, or trafficking of drugs would also remain felonies. The signature circulation period began on March 10 and the signatures must be submitted by June 7. If successful, the measure would appear on the ballot as SQ 780.

County Community Safety Investment Fund

Initiative Petition 405, the second measure proposed by Oklahomans for Criminal Justice Reform, creates the County Community Safety Investment Fund. The fund consists of costs saved by reclassifying as misdemeanors certain property crimes and drug possession. The funds must be distributed to counties for the purpose of funding rehabilitative programs, such as mental health and substance abuse treatment programs. This measure would only become effective if voters approve State Question 780. If successful, the measure would appear on the ballot as SQ 781.

Reform Petition Process

Initiative Petition 411 was filed on April 11. This measure would amend state statutes to reform the initiative and referendum petition process. It would allow one year instead of 90 days to circulate a petition for signatures. It would also allow for 8 1/2 by 11 sized paper be used in addition to legal sized paper. It would also require three-quarters majority of both houses of the Legislature to repeal or amend measures approved by voters. If successful the measure would appear on the November ballot as State Question 787.

While it is possible that other initiative petitions might yet be filed, the time is growing short for measures to survive challenges, have signatures validated, and the ballot language approved in time to be placed on the November 8, General Election ballot.