Loveless Proposes A Constitutional Convention For Oklahoma. 'Alfala' Bill Murray, Will Rogers, and other influential leaders, in Oklahoma Territory discuss a constitution. |  Senator Kyle Loveless One of the more principled statesmen in the legislature, Sen. Kyle Loveless, recently recounted his efforts to keep the legislature in compliance with the Oklahoma Constitution. He said; "I knocked on the doors of each legislature and asked them if they were committed to their oath of office - to follow the constitution?". Then he said; "I then placed a paper in front of them. It had a simple pledge to follow the consitutional mandate that every 20 years the vote of the state's citizens 'must be called' to see if they wish to convene a new constitutional convention". Loveless said most of his colleagues were not even aware of the constitutional duty. Most of them indicated their willingness to comply, but the proposal never did get on the ballot, in recent years. In fact, Oklahoma has not been asked this question since 1970. The state question needs to be authorized by a joint legislative resolution, or an initiative petition of the people. In fact, in 1994, the legislature tried to take this 20 year clause out of our constitution, but the voters clearly reserved the right. |
The current Oklahoma Constitution mandates:
"The Oklahoma Constitution permits three methods of amendment: 1) amendments by the Oklahoma Legislature (requires majority vote of both houses and approval by majority of the voters at next general election; the Legislature can by 2/3 vote place the amendment on a special election), 2) constitutional convention (a call for such requires majority voter approval before the convention is held, and any amendments or new constitution requires majority voter approval, but such a call must be made at least once every 20 years), or 3) via an initiative petition."
An initiave petition is, in and of itself, a rebuke of the legislature; unless they have previously given the matter an honest floor vote. Loveless and the other proponants are doing their duty, and respecting the voters of the state.
Ballotopia says; "According to the State Constitutional Convention Clearinghouse, 'Since 1970, Oklahoma’s legislature has refused to follow its Constitution with regard to this provision. In 1994, it placed a referendum on the ballot to eliminate this requirement, but the people of Oklahoma defeated it. Since 1990, many bills have been introduced to implement this part the Constitution but none has passed.'.".
Ballotopia says; "According to the State Constitutional Convention Clearinghouse, 'Since 1970, Oklahoma’s legislature has refused to follow its Constitution with regard to this provision. In 1994, it placed a referendum on the ballot to eliminate this requirement, but the people of Oklahoma defeated it. Since 1990, many bills have been introduced to implement this part the Constitution but none has passed.'.".
The current 1907 consitution was compiled by a convention which 'Alfalfa' Bill Murray chaired. Twenty four years later he served one tumultuous term as our governor. Any constitution which has to be amended 155 times in 120 years, is a deeply flawed document. 'Alfalfa Bill' was an effective populist who distrusted centralized power. Yet when he became the governor, he declared martial law 30 times. He declared war on Texas and led a state militia to the border and took over a bridge which the Texas Rangers had blockaded. Fortunately, the Texans backed down and no one was killed. But Oklahoman troops did land on Texas soil.
Murray also distrusted Roman Catholics, and pushed through the controversial "Blaine Amendment" language which narrowly failed to get passed into our US Constitution. Speaker Blaine, of the US congress also feared the massive immigration of Irish, Italians, Polish, and other predominantly Catholic nations.
The Loveless proposal has growing support in the Senate and the House. Senator Nathan Dahm also repeated his call, as did Joe Newhouse & David Holt. Several Representatives, including Floor Leader Jon Echols & Scott McEachin; are co-authoring the measures. But Loveless is the only author who has put together a framework. in the last session, Loveless proposed the 1972 language. Some conservative publications objected to having a convention comprised largely of the current legislature, administration, and supreme court justices. So Loveless now proposes 50 delegate seats which state officeholders are barred from. Open elections would be held. This allows former elected officials to add their historical perspective. Governors Frank Keating and George Nigh might seek such service in this capacity. Retired Justice Steven Taylor, JC Watts, or Wes Watkins might just be perfect delegates.
Here is the original language of the Loveless Resolution:
Murray also distrusted Roman Catholics, and pushed through the controversial "Blaine Amendment" language which narrowly failed to get passed into our US Constitution. Speaker Blaine, of the US congress also feared the massive immigration of Irish, Italians, Polish, and other predominantly Catholic nations.
The Loveless proposal has growing support in the Senate and the House. Senator Nathan Dahm also repeated his call, as did Joe Newhouse & David Holt. Several Representatives, including Floor Leader Jon Echols & Scott McEachin; are co-authoring the measures. But Loveless is the only author who has put together a framework. in the last session, Loveless proposed the 1972 language. Some conservative publications objected to having a convention comprised largely of the current legislature, administration, and supreme court justices. So Loveless now proposes 50 delegate seats which state officeholders are barred from. Open elections would be held. This allows former elected officials to add their historical perspective. Governors Frank Keating and George Nigh might seek such service in this capacity. Retired Justice Steven Taylor, JC Watts, or Wes Watkins might just be perfect delegates.
Here is the original language of the Loveless Resolution:
| STATE OF OKLAHOMA 1st Session of the 56th Legislature (2017) SENATE JOINT RESOLUTION 26 By: Loveless AS INTRODUCED A Joint Resolution calling a Constitutional Convention to alter, revise or amend the present Constitution of the State of Oklahoma or to propose a new Constitution; fixing the time and place thereof; providing for selection of delegates to the Convention; providing requirements and restrictions for eligibility; creating a Constitutional Convention Commission; stating purpose; providing for composition; providing for election of officers and organization of the Constitutional Convention; providing oath of office; providing for recall and penalty for violation of oath; providing for employment of staff; providing for rules of procedure; prohibiting consideration of certain provisions of the Constitution; providing for working draft to be considered by the Constitutional Convention; providing voting requirements for certain actions; providing for compensation of delegates; providing for payment of expenses of the Convention; providing for submission of constitutional changes to the voters of the state; providing for submission of this joint resolution to a vote of the people; providing ballot title; and directing filing. |
| WHEREAS, Section 2 of Article XXIV of the Oklahoma Constitution requires that a proposal to hold a Constitutional Convention shall be submitted to a vote of the people at least once every twenty (20) years; and WHEREAS, the last proposal providing for a Constitutional Convention was submitted to a vote of the people March 17, 1970; and WHEREAS, a State Question to eliminate the requirement that a Constitutional Convention proposal be submitted to the people every twenty (20) years was defeated at the General Election held November 8, 1994; and WHEREAS, the original Constitutional Convention was comprised of one hundred twelve members, with fifty-five delegates from Indian Territory, fifty-five delegates from Oklahoma Territory and two members from Osage tribal land; and WHEREAS, it is incumbent upon the Legislature to enact a law providing for a Constitutional Convention and to submit the law to a vote of the people; and WHEREAS, in accordance with court decisions and Attorney General opinions, it is necessary that the law provide the organization of the Convention and the procedure to be followed by the Convention and that the law be signed by the Governor. NOW, THEREFORE, BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE 1ST SESSION OF THE 56TH OKLAHOMA LEGISLATURE: SECTION 1. There is hereby called a Constitutional Convention for the purpose of altering, revising or amending the current Constitution, or to propose a new Constitution for the State of Oklahoma, to be submitted to the people for their approval or rejection. SECTION 2. The Constitutional Convention shall convene at twelve o'clock noon, July 9, 2018, in Oklahoma City at the State Capitol. SECTION 3. A. Delegates shall be chosen as follows:
qualified elector. C. Except as provided in paragraph 5 of subsection E of this section, an individual shall be eligible for consideration for selection as a delegate pursuant to only one of the categories provided for in subsection A of this section. D. No member of Congress from this state or person holding any other federal office shall be eligible to be a delegate. E. Delegates selected by lot shall be chosen pursuant to the following procedure:
| F. Persons wishing to serve as delegates shall submit their applications by February 1, 2019. By February 16, 2019, the persons to whom the applications have been submitted shall forward the applications to the Constitutional Convention Commission. Delegates shall be selected by March 1, 2019. G. There is hereby created a Constitutional Convention Commission. The purpose of the Commission is to develop the form to be used for application to serve as a delegate, establish the procedure for drawing names by lot, supervise the selection process for delegates to the Constitutional Convention, and provide lists of alternates to serve in case of a vacancy. The Constitutional Convention Commission shall be composed of the Governor or a designee, the Chief Justice of the Supreme Court or a designee, the President Pro Tempore of the Senate or a designee, the Speaker of the House of Representatives or a designee, a member of the Senate appointed by the President Pro Tempore of the Senate and a member of the House of Representatives appointed by the Speaker of the House of Representatives. The members appointed by the President Pro Tempore of the Senate and the Speaker of the House of Representatives shall serve as co-chairs of the Commission. The Commission shall conduct public hearings prior to the delegate selection process to gather input from the public for issues to be addressed by the Constitutional Convention. SECTION 4. A. The Secretary of State shall call the Constitutional Convention to order and preside until one of the delegates is chosen President of the Constitutional Convention by vote of the Convention. B. Prior to the selection of a President, the delegates shall take the following oath to support the Constitution of the United States and to faithfully discharge their duties as delegates: "I do solemnly swear or affirm that to the best of my abilities, I will, as a delegate to the State Constitutional Convention, uphold the Constitution and laws of the United States of America and the State of Oklahoma. I will not vote to allow consideration of or to approve any unauthorized amendment proposed for ratification to the Oklahoma Constitution." Any delegate who violates the oath contained in this subsection shall be recalled and replaced by the appointing authority and, upon conviction, shall be guilty of a misdemeanor. C. The Convention may employ staff necessary to assist the delegates in performing their duties. D. After choosing a President, the Convention shall organize itself and select such other officers as it deems necessary. E. The Convention may establish rules for the Convention. Any parliamentary question not provided for by the Oklahoma Constitution or the rules of the Constitutional Convention shall be governed by Mason’s Manual of Legislative Procedure. F. A simple majority of the delegates shall constitute a quorum to transact business. A simple majority of the delegates shall be necessary for the adoption of any measure. G. No article or section of the Constitution that has been added, altered or revised pursuant to the initiative petition process or the legislative referendum process shall be repealed, altered or revised by the Constitutional Convention. H. The original Constitution and all amendments added by the initiative petition process or the legislative referendum process by July 10, 2019, shall be the working draft for consideration by the Constitutional Convention. No article of the Constitution shall be reviewed by the Convention for possible alterations, revisions or amendments, unless the motion to do so receives the approval of twothirds (2/3) of the delegates. Thereafter, any proposed alteration, revision or amendment to an article shall require a simple majority for adoption. To reverse any previous action taken by the Convention pertaining to an alteration, revision or amendment, twothirds (2/3) of the delegates must approve the motion. SECTION 5. The Constitutional Convention shall adjourn sine die no later than June 30, 2020. SECTION 6. The delegates to the Constitutional Convention shall receive no compensation but shall receive reimbursement for mileage and per diem as provided in the State Travel Reimbursement Act for the time that the Constitutional Convention is in session up to a maximum of ninety (90) days. SECTION 7. All expenses incurred by the Constitutional Convention acting within the scope of authority as provided for in this resolution and all expenses of holding the election for adoption or rejection of any alteration, revision or amendment of the current Constitution or proposed new Constitution shall be paid for by the state; and it is made the express duty of the Legislature to provide for payment of the expenses. SECTION 8. The delegates shall be subject to all rules and regulations promulgated by the Ethics Commission and all state and federal laws to which legislators are subject. SECTION 9. Any alteration, revision or amendment of the current Constitution or new Constitution proposed by the Constitutional Convention shall be submitted to the electors of the state for adoption or rejection at the General Election to be held in 2020. SECTION 10. After approval by the Governor, this resolution shall be submitted to the people by the Secretary of State for their approval or rejection at the next General Election. SECTION 11. The Ballot Title for the proposed question to be put before the people as provided herein shall be in the following form: BALLOT TITLE Legislative Referendum No. ____ State Question No. ____ THE GIST OF THE PROPOSITION IS AS FOLLOWS: This measure calls a state Constitutional Convention. It would begin on July 10, 2019. It would end by June 30, 2020. It would review the State Constitution. It could alter, amend or revise the Constitution. It could propose a new State Constitution. There would be one hundred twelve delegates. Fifty delegates would be from the State Legislature, ten from each congressional district. Six delegates would be from the Executive Department. They would be from agencies, boards and commissions. Six delegates would be judges. Fifty members would be from the public at large, ten from each congressional district. Most delegates would be picked by lot. Delegates would be paid for travel expenses for each day that the Convention meets. Payment is limited. Certain delegates would be required to be from rural or urban areas. Representation of delegates from a political party would be required to be proportional to the number of registered voters of that party. Delegates can be paid for no more than ninety days. Any change in the Constitution or new Constitution must be presented for approval to state voters. This would happen at the General Election in 2020. SHALL THE PROPOSAL BE APPROVED? FOR THE PROPOSAL — YES _____________ AGAINST THE PROPOSAL — NO _____________ SECTION 12. The Secretary of the Senate, immediately after the passage of this resolution, shall prepare and file one copy thereof, including the Ballot Title set forth in SECTION 11 hereof, with the Governor, one copy with the Secretary of State and one copy with the Attorney General. |
