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Oklahoma Legislature· SB 2168Second Reading referred to Judiciary

An act relating to initiative petitions, the official text

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1                   STATE OF OKLAHOMA

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2                  2nd Session of the 60th Legislature (2026)

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3 SENATE BILL 2168              By: Bullard
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6                   AS INTRODUCED

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7   An Act relating to initiative petitions; amending 34

7   O.S. 2021, Sections 6, as amended by Section 2,

8   Chapter 275, O.S.L. 2025, and 8, as last amended by

8   Section 3, Chapter 275, O.S.L. 2025 (34 O.S. Supp.

9   2025, Sections 6 and 8), which relate to signatures;

9   modifying requirements for persons gathering

10  signatures; updating statutory language; updating

10  statutory 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 6, as

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15 amended by Section 2, Chapter 275, O.S.L. 2025 (34 O.S. Supp. 2025,
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16 Section 6), is amended to read as follows:
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17  Section 6. Any person who circulates a sheet of the petition

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18 shall be a registered voter bona fide resident of this state for not
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19 less than one (1) year and shall verify the signatures included on
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20 any signature sheets he or she circulates by executing his or her
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21 affidavit thereon and as a part thereof. The Secretary of State
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22 shall cause to be affixed onto the back of the signature form an
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23 affidavit, subject to change, for the circulator to verify the
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24 signatures.
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    Req. No. 2898                                              Page 1
1 State of Oklahoma,  )
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2                     ) ss.

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3 County of ________  )
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4   I, ______, being first duly sworn, say: That I am at least

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5 eighteen (18) years old, a registered voter bona fide resident of
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6 this state for not less than one (1) year, and that all signatures
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7 on the signature sheet were signed in my presence; I believe that
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8 each has stated his or her name, mailing address, county of
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9 residence, and date of birth associated with his or her Oklahoma
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10 voter registration record, and that each signer is a legal voter of
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11 the State of Oklahoma and county of ______ or of the city of ______
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12 (as the case may be). (Signature and complete address of affiant.)
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13 Subscribed and sworn to before me this ________ day of ________ A.D.
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14 20__.
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15  (Signature and title of the Oklahoma notarial officer before

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16 whom oath is made, and his or her complete address, commission
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17 number and expiration date, and official Oklahoma notary public
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18 seal.)
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19  SECTION 2.        AMENDATORY  34 O.S. 2021, Section 8, as last

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20 amended by Section 3, Chapter 275, O.S.L. 2025 (34 O.S. Supp. 2025,
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21 Section 8) is amended to read as follows:
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22  Section 8. A. When a citizen or citizens desire to circulate a

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23 petition initiating a proposition of any nature, whether to become a
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24 statute law or an amendment to the Oklahoma Constitution, or for the
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    Req. No. 2898                             Page 2
1 purpose of invoking a referendum upon legislative enactments, such
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2 citizen or citizens shall, when such petition is prepared, and
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3 before the same is circulated or signed by electors, file a true and
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4 exact copy of same in the office of the Secretary of State and shall
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5 at the same time file a separate ballot title, which shall not be
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6 part of or printed on the petition.
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7   B. It shall be the duty of the Secretary of State to cause to

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

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

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22 party filing same, be revived within five (5) business days by any
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23 other citizen. After such hearing the Supreme Court shall decide
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24 whether such petition is in the form required by the statutes. If
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    Req. No. 2898                                               Page 3
1 the Court is at the time adjourned, the Chief Justice shall
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2 immediately convene the same for such hearing. No objection to the
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3 sufficiency shall be considered unless it has been made and filed as
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4 herein provided.
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5  E. Signature-gathering Deadline for Initiative Petitions. When

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6 an initiative petition has been filed in the office of the Secretary
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7 of State and all appeals, protests, and rehearings have been
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8 resolved or the period for such has expired, the Secretary of State
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9 shall set the date for circulation of signatures for the petition to
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10 begin but in no event shall the date be less than fifteen (15) days
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11 nor more than thirty (30) days from the date when all appeals,
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12 protests, and rehearings have been resolved or have expired.
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13 Notification shall be sent to the proponent or proponents specifying
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14 the date on which circulation of the petition shall begin and that
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15 the signatures are due within ninety (90) days of the date set. Any
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16 person who circulates the petition to collect signatures shall be a
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17 registered voter in bona fide resident of this state for not less
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18 than one (1) year and shall display a conspicuous notice in any
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19 location where the person is collecting signatures whether the
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20 person is being paid to circulate the petition and if so, by what
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21 person or entity. Each elector shall sign his or her name and
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22 legibly print his or her name, birth date, address, and county of
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23 residence associated with his or her Oklahoma voter registration
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24 record. An elector's signature shall serve as an attestation that
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   Req. No. 2898                                               Page 4
1 the elector read the gist in full or that the person who solicited
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2 the elector's signature read the gist in full to the elector. The
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3 Secretary of State shall establish procedures by which an elector
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4 can request to have his or her signature removed from the petition.
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5 Any petition not filed in accordance with this provision shall not
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6 be considered. The proponent or proponents of an initiative
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7 petition, any time before the final submission of signatures, may
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8 withdraw the initiative petition upon written notification to the
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9 Secretary of State.
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10  F. Signature-gathering Deadline for Referendum Petitions. All

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11 signed signatures supporting a referendum petition shall be filed
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12 with the Secretary of State not later than ninety (90) days after
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13 the adjournment of the legislative session in which the measure
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14 which is the subject of the referendum petition was enacted.
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15  G. 1. Any person who circulates the petition to collect

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16 signatures shall disclose to the Secretary of State any employer or
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17 entity that is compensating the person for the circulation of the
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18 petition. No compensation shall be based on number of signatures
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19 collected, number of signature sheets submitted, or any other
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20 similar incentives. No person or entity who does not reside or do
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21 business in this state shall contribute to or compensate a person
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22 for circulation of a petition. Any person or entity that employs a
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23 person for circulation of a petition shall follow federal labor
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24 standards; and.
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    Req. No. 2898      Page 5
1   2. Any person or entity expending funds on the circulation of a

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2 petition shall submit a weekly report to the Secretary of State that
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3 details such expenditures and that attests that all donated funds
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4 were received from sources in this state. The Secretary of State
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5 shall publish such reports on the Secretary's website until the vote
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6 on the measure has occurred.
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7   H. 1. The total number of signatures collected to meet the

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8 requirements for an initiative petition or referendum petition,
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9 amending the Oklahoma Statutes, from a single county shall not
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10 exceed eleven and five-tenths percent (11.5%) of the number of votes
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11 cast in that county during the most recent statewide general
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12 election for Governor. The State Election Board shall determine the
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13 number of votes cast in each county; and.
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14  2. The total number of signatures collected to meet the

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15 requirements for an initiative petition or referendum petition,
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16 amending the Oklahoma Constitution, from a single county shall not
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17 exceed twenty and eight-tenths percent (20.8%) of the number of
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18 votes cast in that county during the most recent statewide general
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19 election for Governor. The State Election Board shall determine the
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20 number of votes cast in each county.
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21  I. The proponent or proponents of a referendum or an initiative

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22 petition may terminate the circulation period any time during the
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23 ninety-day circulation period by certifying to the Secretary of
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24 State that:
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    Req. No. 2898                             Page 6
1   1. All signed petitions have already been filed with the

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

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4   3. The proponent or proponents will not circulate any more

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5 petitions.
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6   If the Secretary of State receives such a certification from the

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7 proponent or proponents, the Secretary of State shall begin the
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8 counting and review process.
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9   J. When the signed copies of a petition pamphlet are timely

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

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15 procedures set forth in this title; and
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16  2. The total number of votes cast for the office of Governor at

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17 the last general election.
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18  The Supreme Court shall make the determination of the numerical

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19 sufficiency or insufficiency of the signatures counted and reviewed
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20 by the Secretary of State.
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21  K. Upon order of the Supreme Court, it shall be the duty of the

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22 Secretary of State to forthwith cause to be published, in at least
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23 one newspaper of general circulation in the state, a notice of the
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24 filing of the signed petitions and the apparent sufficiency or
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    Req. No. 2898                                          Page 7
1 insufficiency thereof, and shall to also publish the text of the
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2 ballot title as reviewed and approved or, if applicable, as
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3 rewritten by the Attorney General pursuant to the provisions of
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4 subsection D of Section 9 of this title and notice that any citizen
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5 or citizens of the state may file an objection to the count made by
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6 the Secretary of State, by a written notice to the Supreme Court and
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7 to the proponent or proponents filing the petition. Any such
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8 objection shall be filed within ninety (90) days after publication
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9 and shall relate only to the validity or number of the signatures or
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10 a challenge to the ballot title. A copy of the objection to the
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11 count or ballot title shall be filed with the Supreme Court, the
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12 Attorney General, and the Secretary of State.
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13  L. Upon appeal and if ordered or directed by the Supreme Court,

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14 the Secretary of State shall deliver the bound volumes of signatures
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15 to the Supreme Court.
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16  M. Upon the filing of an objection to the signature count or

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17 ballot title, the Supreme Court shall resolve the objection with
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18 dispatch. The Supreme Court shall adopt rules to govern proceedings
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19 to apply to the challenge of a measure on the grounds that the
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20 proponent or proponents failed to gather sufficient signatures.
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21  N. If in the opinion of the Supreme Court, any objection to the

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22 count or protest to the petition is frivolous, the Court may impose
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23 appropriate sanctions, including an award of costs and attorney fees
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24 to either party as the Court deems equitable.
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    Req. No. 2898                                              Page 8
1   O. Whenever reference is made in this act section to the

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2 Supreme Court, such reference shall include the members of the
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3 Supreme Court, or any officer constitutionally designated to perform
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4 the duties herein prescribed.
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5   SECTION 3. This act shall become effective November 1, 2026.

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    Req. No. 2898                             Page 9
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