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State Senate |
Legislative |
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Issues To Be Referred to Issue: Ballot Title (as re-written by
the Attorney General): The measure repeals a Section of the State
Constitution. The repealed section
required the Legislature annually to spend $42.00 for each common school
student. Common schools offer
pre-kindergarten through twelfth grade.
The measure also adds a new Article to the
Constitution. It sets a minimum
average amount the State must annually spend on common schools. It requires the State to spend annually, no
less than the average amount spent on each student by the surrounding states. Those surrounding states are The measure deals with money spent on day-to-day
operations of the schools and school districts. This includes spending on instructions,
support services and non-instruction services. The measure does not deal with money spent
to pay debt, on buildings or on other capital needs. The measure requires that increased spending begin in the
first fiscal year after its passage.
It requires that the surrounding state average be met in the third
fiscal year after passage. The measure does not raise taxes, nor does it provide new
funding for the new spending requirements. Issue: Ballot Title (as re-written by
the Attorney General): This measure amends statutes relating to voting
requirements. It requires that each
person appearing to vote present a document proving their identity. The document must meet the following
requirements. It must have the name
and photograph of the voter. It must
have been issued by the federal, state or tribal government. It must have an expiration date that is
after the date of the election. No
expiration date would be required on certain identity cards issued to persons
65 years of age or older. In lieu of such a document, voters could present voter
identification cards issued by the County Election Board. A person who cannot or does not present the required
identification may sign a sworn statement and cast a provisional ballot. Swearing to a false statement would be a
felony. These proof of identity requirements also apply to
in-person absentee voting. If adopted
by the people, the measure would become effective July 1, 2011. Issue: Term Limits for Statewide
Elected Ballot Title (as re-written by
the Attorney General): This measure amends Sections 4 and
23 of Article 6 and Section 15 of Article 9 of the State Constitution. It limits the ability of voters to re-elect
statewide elected officers by limiting how many years those officers can
serve. It limits the number of years a
person may serve in each statewide elected office. Service as Governor is limited to eight
years. Service as Lieutenant Governor
is limited to eight years. Service as
Attorney General is limited to eight years.
Service as Treasurer is limited to eight years. Service as Commissioner of Labor is limited
to eight years. Service as Auditor and
Inspector is limited to eight years.
Service as Superintendent of Public Instruction is limited to eight
years. Service as Insurance
Commissioner is limited to eight years.
Service as a Corporation Commissioner is limited to twelve years. Service for less than a full term
would not count against the limit on service.
Years of service need not be consecutive for the limits to apply. Officers serving when this measure
is passed can complete their terms.
All such serving officers, except the Governor, can also serve an
additional eight or twelve years. Issue: Legislative Redistricting Ballot
Title (as
re-written by the Attorney General): The measure
increases the number of members from three to seven. The President Pro Tempore of the Senate
appoints one Democrat and one Republican.
The Speaker of the House of Representatives appoints one Democrat and
one Republican. The Governor appoints
one Democrat and one Republican. The measure provides that the
Lieutenant Governor chairs the Commission and is a nonvoting member. It requires order of apportionment to be
signed by at least four members of the Commission. Issue: Ballot Title (as re-written by the Attorney General): This
measure amends a section of the State Constitution. The section deals with initiative
petitions. It also deals with
referendum petitions. It deals with
how many signatures are required on such petitions. It changes that requirement. “Initiative”
is the right to propose laws and constitutional amendments. “Referendum” is the right to reject a law
passed by the Legislature. The
following voter signature requirements apply. 8% must
sign to propose a law. 15% must
sign to propose a change to the State Constitution. 5% must
sign to order a referendum. These
percentages are based upon the State office receiving the most total votes at
the last General Election. The measure
changes this basis. The measure’s
basis uses every other General Election.
General Elections are held every two years. The Governor is on the ballot every four
years. The measure’s basis only uses
General Elections with the Governor on the ballot. The
President is on the ballot in intervening General Elections. The measure’s basis does not use General
Elections with the President on the ballot. More
votes are usually cast at Presidential General Elections. Thus, the measure would generally have a
lowering effect on the number of required signatures. Issue: Ballot Title (as re-written by the Attorney General): This
measure amends the State Constitution.
It adds a new Article to the Constitution. That Article deals with the State’s
official actions. It dictates the
language to be used in taking official State action. It requires that official State actions be
in English. Native American languages
could also be used. When Federal law
requires, other languages could also be used. These
language requirements apply to the State’s “official actions.” The term “official actions” is not
defined. The Legislature could pass
laws determining the application of the language requirements. The Legislature would also pass laws
implementing and enforcing the language requirements. No lawsuit based on State law
could be brought on the basis of a State agency’s failure to use a language
other than English. Nor could such a
lawsuit be brought against political subdivisions of the State. Issue: Judicial Nominating Ballot Title (as re-written by the Attorney General): This
measure amends a section of the Oklahoma Constitution. It amends Section 3 of Article 7-B. The measure deals with the Judicial
Nominating Commission. This Commission
selects nominees to be appointed judges or justices, when a vacancy
occurs. The Commission selects three,
sometimes four, qualified nominees.
The Governor must appoint one of the nominees. The
amendment adds two at-large members to the Commission. At-large members can come from any Six
non-at-large members are appointed by the Governor. They cannot be Six lawyer members are elected by
members of the Oklahoma Bar Association.
Each congressional district must have at least one lawyer member. Issue: Ballot Title (as re-written by the Attorney General): This
measure adds a new section to the Oklahoma Constitution. It adds Section 55A to Article 5. The Legislature designates amounts of money
to be used for certain functions.
These designations are called appropriations. The measure deals with the appropriation
process. The
measure limits how the Constitution could control that process. Under the measure the Constitution could
not require the Legislature to fund state functions based on: 1. Predetermined constitutional formulas, 2. How much other states spend on a function, 3. How much any entity spends on a function. Under the
measure these limits on the Constitution’s power to control appropriations
would apply even if: 1. A later constitutional amendment changed
the Constitution, or 2. A constitutional amendment to the contrary
was passed at the same time as this measure. Thus, under the measure, once
adopted, the measure could not be effectively amended. Nor could it be repealed. Issue: Ballot Title (as re-written by the Attorney General): This
measure amends the State Constitution.
It changes a section that deals with courts of this state. It would amend Article 7, Section 1. It makes courts rely on federal and state
law when deciding cases. It forbids
courts from considering or using international law. It forbids courts from considering or using
Sharia Law. International
law is also known as the law of nations.
It deals with the conduct of international organizations and
independent nations, such as countries, states and tribes. It deals with their relationship with each
other. It also deals with some of
their relationships with persons. The law
of nations is formed by the general assent of civilized nations. Sources of international law also include
international agreements, as well as treaties. Sharia
Law is Islamic law. It is based on two
principal sources, the Koran and the teaching of Mohammed. Issue: Ballot Title (as re-written by the Attorney General): This
measure adds a new section of law to the State Constitution. It adds Section 37 to Article 2. It defines “health care system.” It prohibits making a person participate in
a health care system. It prohibits
making an employer participate in a health care system. It prohibits making a health care provider
provide treatment in a health care system.
It allows persons and employees to pay for treatment directly. It allows a health care provider to accept
payment for treatment directly. IT
allows the purchase of health care insurance in private health care systems. It allows the sale of health insurance in
private health care systems. The
measure’s effect is limited. It would
not affect any law or rule in effect as of January 1, 2010. Nor could
the measure affect or negate all federal laws or rules. The United States Constitution has a
Supremacy Clause. That clause makes
federal law the supreme law of the land.
Under that clause Congress has the power to preempt state law. When Congress intends to preempt state law,
federal law controls. When Congress
intends it, constitutionally enacted federal law would preempt some or all of
the proposed measure. Issue: Ballot Title (as in enrolled version and approved by the Attorney
General): This measure amends the State Constitution. It amends Section 23 of Article 10. It increases the amount of surplus revenue
which goes into a special fund. That
fund is the Constitutional Reserve Fund.
The amount would go from 10% to 15% of the funds certified as going to
the General Revenue fund for the preceding fiscal year.
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