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Oklahoma Legislature· SB 116Coauthored by Senator McIntosh

An act relating to initiative and referendum, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1                  STATE OF OKLAHOMA

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2                1st Session of the 60th Legislature (2025)

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3 SENATE BILL 116              By: Bullard
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6                  AS INTRODUCED

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7   An Act relating to initiative and referendum;

7   amending 34 O.S. 2021, Section 8, as amended by

8   Section 1, Chapter 364, O.S.L. 2024 (34 O.S. Supp.

8   2024, Section 8), which relates to proposed

9   petitions; modifying requirements for certain

9   signatures; updating certain vote requirement;

10  updating statutory language; updating statutory

10  reference; and providing an effective date.

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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14  SECTION 1.     AMENDATORY  34 O.S. 2021, Section 8, as

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15 amended by Section 1, Chapter 364, O.S.L. 2024 (34 O.S. Supp. 2024,
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16 Section 8), is amended to read as follows:
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17  Section 8. A. When a citizen or citizens desire to circulate a

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18 petition initiating a proposition of any nature, whether to become a
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19 statute law or an amendment to the Constitution, or for the purpose
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20 of invoking a referendum upon legislative enactments, such citizen
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21 or citizens shall, when such petition is prepared, and before the
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22 same is circulated or signed by electors, file a true and exact copy
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23 of same in the office of the Secretary of State and shall at the
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    Req. No. 97                                              Page 1
1 same time file a separate ballot title, which shall not be part of
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2 or printed on the petition.
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3   B. It shall be the duty of the Secretary of State to cause to

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4 be published, in at least one newspaper of general circulation in
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5 the state, a notice of such filing and the apparent sufficiency or
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6 insufficiency of the petition, and shall include notice that any
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7 citizen or citizens of the state may file a protest as to the
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8 constitutionality of the petition, by a written notice to the
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9 Supreme Court and to the proponent or proponents filing the
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10 petition. Any such protest must be filed within ninety (90) days
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11 after publication. A copy of the protest shall be filed with the
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12 Secretary of State.
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13  C. Upon the filing of a protest to the petition, the Supreme

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14 Court shall then fix a day, not less than ten (10) business days
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15 thereafter, at which time it will hear testimony and arguments for
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16 and against the sufficiency of such petition.
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17  D. A protest filed by anyone hereunder may, if abandoned by the

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18 party filing same, be revived within five (5) business days by any
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19 other citizen. After such hearing the Supreme Court shall decide
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20 whether such petition is in the form required by the statutes. If
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21 the Court is at the time adjourned, the Chief Justice shall
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22 immediately convene the same for such hearing. No objection to the
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23 sufficiency shall be considered unless it has been made and filed as
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24 herein provided.
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    Req. No. 97                                                 Page 2
1   E. Signature-gathering Deadline for Initiative Petitions. When

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2 an initiative petition has been filed in the office of the Secretary
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3 of State and all appeals, protests and rehearings have been resolved
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4 or the period for such has expired, the Secretary of State shall set
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5 the date for circulation of signatures for the petition to begin but
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6 in no event shall the date be less than fifteen (15) days nor more
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7 than thirty (30) days from the date when all appeals, protests and
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8 rehearings have been resolved or have expired. Notification shall
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9 be sent to the proponents specifying the date on which circulation
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10 of the petition shall begin and that the signatures are due within
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11 ninety (90) days of the date set. Each elector shall sign his or
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12 her name and legibly print his or her name, birth date and address
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13 associated with his or her Oklahoma voter registration record. Any
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14 petition not filed in accordance with this provision shall not be
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15 considered. The proponents of an initiative petition, any time
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16 before the final submission of signatures, may withdraw the
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17 initiative petition upon written notification to the Secretary of
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18 State. No more than five percent (5%) of the total number of
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19 signatures required for an initiative petition shall be from legal
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20 voters of one county.
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21  F. Signature-gathering Deadline for Referendum Petitions. All

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22 signed signatures supporting a referendum petition shall be filed
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23 with the Secretary of State not later than ninety (90) days after
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24 the adjournment of the legislative session in which the measure,
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    Req. No. 97                                                 Page 3
1 which is the subject of the referendum petition, was enacted. No
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2 more than five percent (5%) of the total number of signatures
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3 required for a referendum petition shall be from legal voters of one
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4 county.
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5   G. The proponents of a referendum or an initiative petition may

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6 terminate the circulation period any time during the ninety-day
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7 circulation period by certifying to the Secretary of State that:
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8   1. All signed petitions have already been filed with the

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9 Secretary of State;
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10  2. No more petitions are in circulation; and

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11  3. The proponents will not circulate any more petitions.

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12  If the Secretary of State receives such a certification from the

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13 proponents, the Secretary of State shall begin the counting and
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14 review process.
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15  H. When the signed copies of a petition pamphlet are timely

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16 filed, the Secretary of State shall file a copy of the proponent's
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17 ballot title with the Attorney General and, after conducting a count
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18 and review of the filed, signed petition pamphlets, the Secretary of
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19 State shall certify to the Supreme Court of the state:
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20  1. The total number of signatures counted pursuant to

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21 procedures set forth in this title; and
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22  2. The total number of votes cast for the state office

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23 receiving the highest number of votes cast of Governor at the last
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24 general election.
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    Req. No. 97                                            Page 4
1   The Supreme Court shall make the determination of the numerical

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2 sufficiency or insufficiency of the signatures counted and reviewed
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3 by the Secretary of State.
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4   I. Upon order of the Supreme Court it shall be the duty of the

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5 Secretary of State to forthwith cause to be published, in at least
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6 one newspaper of general circulation in the state, a notice of the
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7 filing of the signed petitions and the apparent sufficiency or
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8 insufficiency thereof, and shall also publish the text of the ballot
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9 title as reviewed and approved or, if applicable, as rewritten by
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10 the Attorney General pursuant to the provisions of subsection D of
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11 Section 9 of this title and notice that any citizen or citizens of
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12 the state may file an objection to the count made by the Secretary
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13 of State, by a written notice to the Supreme Court and to the
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14 proponent or proponents filing the petition. Any such objection
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15 must be filed within ninety (90) days after publication and must
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16 relate only to the validity or number of the signatures or a
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17 challenge to the ballot title. A copy of the objection to the count
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18 or ballot title shall be filed with the Supreme Court, the Attorney
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19 General and the Secretary of State.
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20  J. Upon appeal and if ordered or directed by the Supreme Court,

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21 the Secretary of State shall deliver the bound volumes of signatures
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22 to the Supreme Court.
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23  K. Upon the filing of an objection to the signature count or

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24 ballot title, the Supreme Court shall resolve the objection with
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    Req. No. 97                         Page 5
1 dispatch. The Supreme Court shall adopt rules to govern proceedings
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2 to apply to the challenge of a measure on the grounds that the
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3 proponents failed to gather sufficient signatures.
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4   L. If in the opinion of the Supreme Court, any objection to the

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5 count or protest to the petition is frivolous, the Court may impose
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6 appropriate sanctions, including an award of costs and attorneys
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7 attorney fees to either party as the Court deems equitable.
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8   M. Whenever reference is made in this act section and Section 4

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9 of this title to the Supreme Court, such reference shall include the
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10 members of the Supreme Court, or any officer constitutionally
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11 designated to perform the duties herein prescribed.
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12  SECTION 2. This act shall become effective November 1, 2025.

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    Req. No. 97                                                Page 6
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