By Constitution Staff

The Oklahoma Constitution presents the 46th annual Oklahoma Conservative Index rating our state legislators. Members of each house of the Oklahoma Legislature were rated on ten key votes. A favorable vote on these issues represents a belief in conservative principles.

After taking suggestions from conservative leaders, proposed bills were reviewed by a joint committee composed of the Oklahoma Constitution newspaper staff and members of the Oklahoma Conservative Political Action Committee (OCPAC). The committee then selected the ten key votes to be used for the ratings. The legislators were rated based on their votes on these bills which included such issues as reforming the Oklahoma judicial nominating process, blocking the rules of global entities, protecting the rights of biological women, not tying the hands of the State Superintendent of Public Instruction, preventing the trafficking of abortion-inducing drugs, combating illegal immigration, removal of squatters from property, prohibiting Ranked-Choice voting, avoiding wasteful spending, and opposing government subsidies to major sports leagues.

RATING CALCULATION

To determine this year’s rating, 10 points were earned for each conservative vote (designated by a C), and no points were awarded for a liberal vote (indicated by an L). Each failure to vote (recorded as a Z) provides only three points. When the rating system was created in 1979, it was decided that there should be a difference between voting liberal, and missing a vote. A legislator absent for all the votes could only score a meager 30%.

Thus, a legislator voting conservative on eight votes, liberal on one, and failing to vote on another, would receive eighty plus three, or an 83% conservative rating.

This year’s conservative rating was averaged with the legislator’s scores from their previous years of service to obtain the Cumulative Average score. As a result of term limits, no legislator will have a cumulative score based on a period longer than twelve years. By examining this year’s score in relation to the Cumulative Average, the voting pattern of a particular legislator can be determined. While most score nearly the same, year after year, others trend upward or downward from their average. If your legislator is trending toward conservatism, please offer your encouragement and support. If your legislator is exhibiting a leftward trend, it is time to express your disappointment and suggest the need for a replacement if the trend is not reversed.

The average score this year was 59% in the House and 55% in the Senate. The Top Conservative and Top Liberal legislators were selected based upon this year’s scores. Making the Top Conservatives list were the 37 legislators who scored 80 percent or higher. On the Top Liberals list were the 25 lawmakers scoring 20 percent or lower.

TOP CONSERVATIVES

Thirteen legislators scored a perfect 100% conservative rating this year. Three Senators had perfect scores: Nathan Dahm of Broken Arrow, Warren Hamilton of McCurtain, and Shane Jett of Shawnee. The ten members of the House with a perfect score were: Chris Banning of Bixby, Chad Caldwell of Enid, Dean Davis of Broken Arrow, Tom Gann of Inola, Jim Grego of Wilburton, John Kane of Bartlesville, Jim Olsen of Roland, Marilyn Stark of Bethany, Kevin West of Moore, and Rick West of Heavener.

One legislator scored 93%, Rep. Mark Lepak of Claremore. Ten legislators scored 90 per cent including Sen. Dana Prieto of Tulsa, and Representatives Denise Crosswhite Hader of Piedmont, David Hardin of Stilwell, Gerrid Kendrix of Altus, Cody Maynard of Durant, Carl Newton of Cherokee, Eric Roberts of Oklahoma City, Clay Staires of Skiatook, Jay Steagall of Yukon, and Rande Worthen of Lawton. Three legislators scored 86% including Sen. Dusty Deevers of Elgin, and representatives Sherrie Conley of Newcastle, and Neil Hays of Checotah. Senator Casey Murdock of Felt scored 83 percent. Nine legislators scored 80 percent including senators George Burns of Pollard and Julie Daniels of Bartlesville, along with representatives Steve Bashore of Miami, Josh Cantrell of Kingston, Ross Ford of Broken Arrow, Brian Hill of Mustang, Kenton Patzkowsky of Balko, Danny Williams of Seminole, and Max Wolfley of Oklahoma City.

TOP LIBERALS

Eleven legislators, five senators and six representatives, scored zero percent conservative this year. The senators include Michael Brooks of Oklahoma City, Jo Anna Dossett of Tulsa, Senate Minority (Democrat) Leader Kay Floyd, Carri Hicks of Oklahoma City, and Julia Kirt of Oklahoma City who takes over as Minority Leader next session. Representatives scoring zero include Arturo Alonso-Sandoval of Oklahoma City, Ellyn Hefner of Oklahoma City, Annie Menz of Norman, House Minority Leader Cyndi Munson of Oklahoma City, Melissa Provenzano of Tulsa, and John Waldron of Tulsa. Five representatives scored 3% including Jared Deck of Norman, Regina Goodwin of Tulsa, Trish Ranson of of Stillwater, Jacob Rosecrants of Norman, and Suzanne Schreiber of Tulsa. Representatives Forrest Bennett of Oklahoma City and Meloyde Blancett of Tulsa scored 6 percent. Representative Amanda Swope of Norman scored 12 percent. Representatives Jason Lowe and Mauree Turneer, both of Oklahoma City, scored 13 percent. Senator Kevin Matthews of Tulsa and Rep. Ajay Pittman of Oklahoma City scored 15 percent. Sen. Mary Boren of Norman and Rep. Mickey Dollens of Oklahoma City scored 16 percent. Sen. George Young of Oklahoma City scored 19 percent. Representative Andy Fugate of Oklahoma City scored 20 percent.

A description of each of the bills used for this year’s ratings is found below. A list of all the legislators with their vote on each of the ten bills, their score for this year, and their Cumulative Average, can be found by opening the PDF files below. The ratings for previous years are also available below.

Bills used for 2024 Oklahoma Conservative Index

(1) Judicial Nominating Process

Senate Joint Resolution 34 by Sen. Julie Daniels (R-Bartlesville) and Rep. Mark Lepak (R- Claremore) would have referred to a vote of the people a State Question to amend the Oklahoma Constitution to replace the Judicial Nominating Commission with a method of selecting Oklahoma judicial officers which closely mirrors the federal system. The Governor would nominate a person he believes to be highly qualified with confirmation by the Oklahoma Legislature. SJR 34 passed the Senate by a vote of 32-14 on March 12, but failed in the House 36-60 on April 16. So, the politically left-leaning Oklahoma Bar Association and others dominating the 15-member Judicial Nominating Commission will continue to pre-select three nominees from which the governor is allowed choose. The Yes votes in support of reforming the judicial nominating process is the Conservative vote.

(2) Prohibit Rules by Global Entities

Senate Bill 426 by Sen. George Burns (R-Pollard) and Rep. Rick West (R-Heavener) aims to safeguard the liberties and rights of Oklahomans by prohibiting the state from enforcing any mandates or recommendations issued by the World Health Organization (WHO), the United Nations (UN), or the World Economic Forum (WEF). No requirement or mandate issued by such organizations shall be used as the basis for action nor shall such a requirement or mandate be used to supersede state law. The legislation ensures that the State of Oklahoma will not compel its residents to adhere to directives such as masks, vaccines, medical testing, or the gathering of public or private information. It gained final passage in the Senate 36-6 on May 29 and the House 74-19 on May 30. It was approved by the Governor on June 5, 2024. The Yes votes in support of the bill to block the mandates of global entities is the Conservative vote.

(3) Women’s Bill of Rights

House Bill 1449 by Rep. Toni Hasenbeck (R-Elgin) and Sen. Jessica Garvin (R-Duncan) enacts the “Women’s Bill of Rights.” It updates state law to ensure all statutory references to women refer to a person’s biological sex and, specifically, individuals who were born female. It clarifies how state law defines females and males by defining “sex” as a person’s biological sex assigned at birth. It prohibits unfair sex discrimination while also allowing state government to make distinctions between the sexes in certain situations. The government could differentiate between the sexes to ensure privacy and safety in restrooms, athletic facilities, locker rooms, domestic violence shelters, rape crisis centers, prisons and other detention facilities. The state or any political subdivisions that collect vital statistics would have to identify individuals as male or female under the updated definitions in the bill. The Women’s Bill of Rights would also take steps to codify the Executive Order that Gov. Kevin Stitt signed last year. The bill was a carryover measure from the 2023 legislative session which only passed in the House last year. It was amended and passed the Senate 35-7 on April 23 of this year. It returned to the House and passed House 79-17. It was approved by the Governor on May 31, 2024. The Yes votes in support of the bill protecting women’s rights is the Conservative vote.

(4) State Board of Education Funding

Senate Bill 1122 by Sen. Chuck Hall (R-Perry) and Rep. Kevin Wallace (R-Wellston) outlines the allocation and budgeting of funds for the public school system. Two sections of the legislation limited the office of the State Superintendent of Public Education (Ryan Walters) and the State Department of Education (SDE) in unique ways not found in other state agencies. Section 15 would have required SDE to apply for every federal grant that was applied for by the previous superintendent, while Section 16 included provisions that forbid the SDE from using any money to secure media interviews or public relations, or for other public promotional purposes. Section 15 took away the ability of the OSDE to remove the Department from the wasteful federal grant programs agreed to by Democrat Joy Hofmeister. Section 16 placed restrictions on Ryan Walter’s ability to communicate with the public. Joy Hofmeister spent close to $800,000 on public relations and communication in her last year in office. The expenditures for public communication under Ryan Walters have been $200,000 per year. The bill passed the Senate 37-4 on May 28 and the House 57-35 on May 30. Governor Stitt vetoed the two controversial sections on June 14, 2024. The No votes, against the bill containing the limitations, is the Conservative vote.

(5) Abortion-inducing Drugs

House Bill 3013 by Rep. Denise Crosswhite-Hader (R-Piedmont) and Sen. David Bullard (R-Durant) criminalizes the trafficking of abortion-inducing drugs, making it a felony offense. The measure defines an “abortion-inducing drug” as a medicine, drug, or any other substance prescribed or dispensed with the intent of inducing an abortion. This includes off-label use of drugs known to have abortion-inducing properties, which are prescribed specifically with the intent of causing an abortion, such as misoprostol and methotrexate. This definition does not apply to drugs that may be known to cause an abortion but are prescribed for other medical indications, such as chemotherapeutic agents or for treatment of an ectopic pregnancy or spontaneous miscarriage. Individuals knowingly delivering or possessing with intent to deliver the drugs would face penalties including fines up to $100,000 or imprisonment up to 10 years. The measure excludes pharmacists, manufacturers, and distributors operating lawfully for medical purposes. It stipulates that it may not be construed to prohibit the use, sale, prescription, or administration of a preventive contraceptive measure, drug, chemical, or device if used, sold, prescribed, or administered per manufacturer instructions. It passed the House 77-18 on March 14. But, the bill was stalled in the Senate Judiciary Committee. Sen. Nathan Dahm (R-Broken Arrow) made a motion to withdraw the bill from the Senate committee so that it could be voted on in the full Senate. Sen. Lonnie Paxton moved to table Sen. Dahm’s motion. The tabling motion, preventing a vote in the full-Senate on the bill, was adopted 26-13 on May 23. The House votes for the bill are Conservative, and the Senate votes against the tabling motion are Conservative.

(6) Discourage Illegal Immigration

House Bill 4156 by House Speaker Charles McCall (R-Atoka) and Senate Pro Tem Greg Treat (R-OKC) creates the criminal act of impermissible occupation. The measure provides that impermissible occupation occurs if the person is an alien and willfully and without permission enters and remains in the State of Oklahoma without having first obtained legal authorization to enter the United States. A conviction is a misdemeanor punishable by imprisonment in the county jail for up to 1 year, a fine of not more than $500 or both a fine and imprisonment. A second or subsequent conviction is a felony, punishable by imprisonment for up to 2 years, a fine of up to $1,000 or both fine and imprisonment. Any person convicted of impermissible occupation is required to leave the state within 72 hours following conviction or release from custody, whichever comes later. “The failure of the federal government to address this issue, and the lack of leadership by the Biden Administration, has turned every state into a border state. Those who want to work through the process of coming to our country legally are more than welcome to come to Oklahoma; we would love to have them here. Those who jump the line, and skip the process, cheapen the value of the work put in by those who went through the full legal process to become a citizen of our great country. We will not reward that behavior in Oklahoma, and we will protect our state borders.” said McCall. The bill passed the House 77-20 and the Senate 39-8 on April 23. It was signed by the Governor on April 30, 2024. The Yes votes in support of the bill to combat illegal immigration is the Conservative vote.

(7) Unlawful Occupation of Property

Senate Bill 1994 by Sen. Rob Standridge (R-Norman) and Rep. Ross Ford (R-Broken Arrow) would allow a property owner to request the sheriff of a county in which a property is located to immediately remove a person or persons unlawfully occupying real property if certain conditions are met. Currently such matters are treated through civil process, and law enforcement officers are reluctant to get involved, forcing private property owners to hire an attorney. The process often drags out for lengthy periods and can cost the property owner extensive legal fees. The measure does not allow anyone in a landlord-tenant relationship to circumvent the Landlord-Tenant Act. It creates a form for the property owner to submit to their county sheriff. Once verified, the sheriff must serve a notice to the unlawful occupants to immediately vacate the property. If appropriate, the sheriff may arrest any person found on the property for trespass, outstanding warrants or other legal cause. The sheriff is entitled to the fee for service of the notice. The anti-squatting measure also creates a crime for occupants who intentionally damage the dwelling in an amount of greater than $1,000. Those found guilty would receive a felony punishable by up to three years in prison, a fine of up to $10,000, or both. Any person who presents a false document purporting to be a valid lease agreement, deed, or other instrument conveying real property rights would be guilty of a misdemeanor punishable by up to one year in the county jail, a fine of not more than $1,000, or both. It passed the House 77-16 on April 17 and gained final passage in the Senate 33-7 on May 23. It was approved by the Governor on June 5, 2024. The Yes votes in support of the bill is the Conservative vote.

(8) Prohibit Ranked-Choice Voting

House Bill 3156 by Rep. Eric Roberts (R-Oklahoma City) and Sen. Brent Howard (R-Altus) prohibits the use of ranked-choice voting in Oklahoma elections. Ranked-choice voting requires voters to designate their top choice in a race, their second choice, and so on down the ballot for ever how many candidates are on the ballot. If no candidate receives a majority, the least popular candidate is eliminated and their voters would have their votes reallocated to their second-choice candidate, with the process repeating until one candidate is calculated to have a majority. The process requires specialized computer software to handle the reallocation of votes from one candidate to another. “Ranked-choice voting makes voting more confusing and has delayed election results everywhere it has been tried,” Rep. Roberts said. “We need to preserve the simplicity and timeliness of our current elections, along with our current ease in doing hand recounts when needed.” Ranked-choice voting has already been banned in Florida, Tennessee, Idaho, Montana and South Dakota. On April 3, Governor Stitt’s Task Force on Campaign Finance and Election Threats recommended that the voting method be banned. The bill banning the process passed the House 63-16 on March 13 and the Senate 37-8 on April 24. It was approved by the Governor on April 29, 2024. The Yes votes in support of the bill to prohibit ranked-choice voting is the Conservative vote.

(9) State Capitol Arch

House Bill 4012 by Rep. Mark McBride (R-Moore) and Sen. Brenda Stanley (R-Midwest City) funds the construction of an arch at the Oklahoma State Capitol. McBride said the arch was part of early drawings of architect Solomon Layton before the Capitol was built in 1917. It was originally designed to stretch across Lincoln Boulevard much like the Arc de Triomphe in Paris. It was one of the structures, like the Capitol dome, that was laid aside because of lack of funding at the time. “I believe this arch is something that will add tremendously to the aesthetics of the Capitol complex,” McBride said. The 30-foot tall and 60-foot-long scale model arch would be constructed south of the visitor’s parking lot south of the Capitol. It would have a small amphitheater that could seat about 100 people, and the grassy area that now exists would be named Veterans Park. McBride said the project has been in the works since about 2014 before restoration of the Capitol began. The estimated cost of the arch is $4.3 million which would come from the Legacy Capital Financing Fund. It passed the Senate 31-12 on April 24. It gained final passage in the House 67-24 on May 8. It was approved by the Governor on May 15, 2024. The No votes against the funding bill is the Conservative vote.

(10) Major Sports Leagues Rebates

House Bill 3959 by Rep. Jon Echols (R-OKC) and Senate Pro Tem Greg Treat (R-OKC) creates the Major Sports Leagues Rebate Program. The measure expands the Quality Jobs Incentive Program to allow professional sports teams of the five major sports leagues (National Football League, or NFL; National Basketball Association, or NBA; National Hockey League, or NHL; Major League Baseball, or MLB; and Major League Soccer, or MLS) to receive payments from the Oklahoma Tax Commission. The amount of the payments will be equal to the net benefit rate multiplied by the actual gross payroll of sports-league jobs for a calendar quarter. The measure caps yearly rebate payments to each entity at $10 million per year. The measure passed the Senate 35-9 on April 24. It gained final approval in the House 54-27 on May 5. It was approved by the Governor on May 13, 2024. The No votes against the rebate bill is the Conservative vote.