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Time Running Out on Recreational Marijuana Petition

7/19/2018

Comments

 
   A cursory  counting of calendar days and constitutional mandates are just days away from a collision course for the backers of SQ797.  The chart below demonstrates that July 23rd is the final date to reasonably place a state question on the November general election ballot.
  The energy and excitement is high for the proponents of SQ797, known as the Recreational Marijuana  petition.
  In the past 10 days the signatures have spiked why the State Board of Health sabotaged a successful Medical marijuana statute with unwarranted agency regulations which made the new law unfeasible.
  Granted, some of the constitutional processes are not defined in days, but many of them are. In the passed some of the court challenges have dragged on for extra weeks. the Supreme court is constitutionally ordered to handle these cases "with dispatch".
On Sunday morning the petitioners reached 104,000 of the 123,000 needed. They hope to submit 150,000.    If their efforts are as effective through this week & weekend as they were in 5 days of last week, they will approach about 140,000 by Monday, the 23rd.
Picture
The efforts of the Board of Health to hamper medical marijuana has enraged Oklahomans to pass a constitutional amendment.

Date

Business Days Consumed

Event

earliest

latest

0

Filing of Signatures

(34 O.S. Sections 4 & 8)
 

  • Proponent(s) notify Secretary of State of date and time signed petitions will be filed, including number of boxes to be delivered.

  • Secretary of State seals signature boxes until count begins

  • Secretary of State issues a receipt to proponent(s) stating the filed date of the signed petitions and number of boxes submitted.

  • Additional signature sheets shall not be accepted after 5:00 p.m. on the ninetieth day.

Jul 23rd Aug 8th

25th

10th

2

Counting signatures could be done in a couple days, but verifying signature authenticity could take weeks.
Only counting is done in initial report

Signature Counting

(34 O.S. Sections 3, 4, 6.1 & 8)
 

  • Secretary of State notifies Proponent(s) the specific date, time and location for the signature count.

  • Secretary of State trains counters

  • Proponent provides observer(s) for counting process

  • Physical Count:

    • Petitions are detached from signature sheets

    • A physical count of the signatures is carried out in accordance with the requirements of 34 O.S. Sections 6 and 6.1;

    • Signature sheets are consecutively numbered;

    • Signature sheets and one (1) printed copy of the petition are bound in consecutively numbered volumes, which include a cover sheet showing the volume number, purported number of signature sheets, the series of numbers assigned to the signature sheets and the total number of signatures counted for that volume

Signature Requirements

(Oklahoma Constitution Article 5 Section 2)
 

  • The number of required signatures is based upon the total number of votes cast at the last general election for the Office of Governor. The ratio and per centum is:

    • Referendum (5%)

    • Initiative (8%)

    • Initiative for Constitutional Change (15%)

    • Rejected Initiative or Referendum Measures (25%)

Aug

8th

24th

10

Ballot Title Review

(34 O.S. Section 9)
 

  • Secretary of State submits proposed separate ballot title to the Attorney General for review as to legal correctness when signed copies of a petition are timely filed.

  • Attorney General, within five (5) business days after receipt of the ballot title, notifies Secretary of State whether or not the proposed ballot title complies with applicable laws.

  • Attorney General states with specificity any and all defect found and if necessary, within ten (10) business days of determining that the proposed ballot title is defective, prepares and files a ballot title which complies with the law.

9th

27th

1

Report to the Supreme Court

(34 O.S. Section 8(H))
 

  • After conducting a count of the filed, signed petition, the Secretary of State certifies to the Supreme Court:

    • the total number of signatures counted; and,

    • the total number of votes cast for the state office receiving the highest number of votes cast at the last general election

  • Secretary of State provides proponent(s) copy of certification to Supreme Court

  • The Supreme Court makes a determination of the numerical sufficiency or insufficiency of the signatures counted by the Secretary of State.

24th

Sep 11th

10

Supreme Court Determination of Numerical Sufficiency or Insufficiency AND Order of Publication

(34 O.S. Section 8)
 

  • Order issued by Supreme Court is filed with the Secretary of State

  • Upon order of the Supreme Court, the Secretary of State publishes a notice:

    • of the filing of the signed petitions and also,

    • the apparent sufficiency or insufficiency thereof, and also,

    • the text of the ballot title as reviewed by the Attorney General pursuant to the provisions of Title 34 O.S. Section 9 Subsection D, and

    • notice that any citizen(s) of the state may file an objection by a written notice to the Supreme Court and to the proponent(s) filing the petition.

  • Any objection must be filed within ten (10) business days after publication of notice and must relate only to the validity or number of the signatures or a challenge to the ballot title.

 

25th?

additional

10?

IF an objection is filed

(34 O.S. Sections 8(I)(J)(K), 9, 10 & 11)
 

  • Objections shall be filed with the Supreme Court, the Attorney General, the Secretary of State and the proponent(s) of said petition on or before the tenth (10) business day after publication of notice.

  • Secretary of State delivers the bound volumes of signatures to the Supreme Court if the objection is to the signature count or validity thereof

  • Any person who is dissatisfied with the wording of the ballot title may appeal to the Supreme Court by petition in which shall be offered a substitute ballot title for the one from which the appeal is taken.

  • Supreme Court shall resolve the objection(s) with dispatch

     

Secretary of State transmits to the State Election Board and Governor an attested Copy of the Measure including the Official Ballot Title IF:

(34 O.S. Sections 9(D)(2) & 12)
 

  • NO objections were filed within ten (10) business days of the notice AND Supreme Court determined number of signatures SUFFICIENT, 
    Or
     

  • After any and all objections or appeals have been resolved AND Supreme Court determined number of signatures SUFFICIENT

27th

26th

1

Proclamation by Governor Calling Election

(34 O.S. Sections 12 & 25)
 

  • When an initiative or referendum petition has been properly filed with sufficient signatures thereon, as provided in this title, and all objections or protests have been resolved or the period for filing such has expired, the Secretary of State shall, in writing, notify the Governor, who shall issue a proclamation setting forth the substance of the measure and the date on which the vote will be held.

  • Whenever any measure shall be initiated by the people in the manner provided by law, or whenever the referendum shall be demanded against any measure passed by the Legislature, same shall be submitted to the people for their approval or rejection at the next regular election; provided, the Governor shall have power, in his or her discretion, to call a special election to vote upon such questions, or to designate the mandatory primary election as a special election for such purpose.

Aug

27th

Sept. 12th -26th

35 business days (7 weeks)

Publication of Measures

(34 O.S. Section 17)
 

  • It shall be the duty of the Secretary of State, not less than five (5) business days before any election held throughout the state at which any proposed law, part of an act, or amendment to the constitution is to be submitted to the people of the state for their approval or rejection, to cause to be published once in two different newspapers of general statewide circulation and in a newspaper of general circulation in each county, a copy of all ballots on initiated and referred questions, measures, and constitutional amendments, and an explanation of how to vote for or against propositions.

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    David Van Risseghem reports the events and adds some perspective. 


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    David Van Risseghem  is the Publisher of SoonerPolitics.org. The resource is committed to informing & mobilizing conservative Oklahomans for civic reform.  This endeavor seeks to utilize the efforts of all cooperative facets of the Conservative movement...

    ​"No politician 'checks off every box" in your list of issues. You have to prioritize and use personal discretion regarding every current and future issue that you can imagine. Then you have to also judge integrity & consistency. A candidate's openness to study the issues & courage to think for themselves. Then you need to review their honesty & work ethic.  I respect any voter's decision, when they've informed themselves and took voting seriously." - David Van Risseghem
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