{"data":{"id":"us-ok/okla.-stat.-tit.-62-62-868","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 62, § 62-868","heading":"Initiative and referendum","body":"A. The powers of initiative and referendum, reserved by the\n\nOklahoma Constitution to the people, are reserved to the people of\n\nevery city, town or county with reference to the tax relief or\n\nincentives or exemptions or increment captured as authorized by\n\nSection 6C of Article X of the Oklahoma Constitution and as provided\n\nfor in this act.\n\nB. 1. For purposes of this section, the form of the petition\n\nfor either initiative or referendum shall be substantially as\n\nprovided in Sections 1 and 2 of Title 34 of the Oklahoma Statutes.\n\nA true copy of each measure proposed by initiative and referendum\n\nshall be filed with the clerk of the city or town or with the\n\nsecretary of the county election board before it is circulated and\n\nsigned by the registered voters.\n\n2. Every petition for either the initiative or referendum shall\n\nbe signed by a number of the registered voters residing in the city\n\nor town equal to at least twenty-five percent (25%) of the total\n\nnumber of votes cast at the preceding general municipal election or\n\nfor counties, equal to at least ten percent (10%) of the registered\n\nvoters residing in the county. The signatures to each petition\n\nshall be verified in the manner provided by law.\n\n3. Signed copies of an initiative petition shall be submitted\n\nto the clerk or secretary within ninety (90) days after the initial\n\nfiling of the measure with the clerk or secretary. Signed copies of\n\na petition invoking a referendum upon any ordinance or resolution\n\nshall be submitted to the clerk or secretary within thirty (30) days\n\nafter the passage or adoption of the ordinance or resolution.\n\nC. When signed copies of a petition are timely filed with the\n\nclerk or secretary, the clerk or secretary shall make a physical\n\ncount of the number of signatures appearing on the petitions. He\n\nshall then publish, in at least one newspaper of general circulation\n\nin the municipality or the county, a notice of the filing and the\n\napparent sufficiency or insufficiency of the petition. The notice\n\nshall also state that any qualified elector of the municipality or\n\nthe county may file a protest to the petition or an objection to the\n\ncount made by the clerk or secretary.\n\nA protest to the petition or the count of signatures shall be\n\nfiled in the district court in the county in which the situs of the\n\ncity, town or county is located within ten (10) days after the\n\npublication. Written notice of the protest shall be served upon the\n\nclerk or secretary and the parties who filed the petition. In the\n\ncase of the filing of an objection to the count, notice shall also\n\nbe served upon any party filing a protest. The district court shall\n\nfix a day, not less than ten (10) days after the filing of a\n\nprotest, to hear testimony and arguments for and against the\n\nsufficiency of the petition. A protest filed by anyone, if\n\nabandoned by the party filing it, may be revived within five (5)\n\ndays by any other qualified elector. After the hearing, the\n\ndistrict court shall decide whether such petition is in form\n\nrequired by law.\n\nD. 1. The parties submitting a petition for either initiative\n\nor referendum shall also prepare and file a ballot title for the\n\nmeasure. The ballot title may be filed with the clerk or secretary\n\nprior to circulating the petition, but it must be submitted no later\n\nthan the time that the signed copies of the petition are filed with\n\nthe clerk or secretary. The ballot title shall contain the gist of\n\nthe proposition couched in language that may be readily understood\n\nby persons not engaged in the practice of law. The ballot title\n\nshall contain language which clearly states that a \"yes\" vote is a\n\nvote in favor of the proposition, and a \"no\" vote is a vote against\n\nthe proposition. The ballot title may not:\n\na. exceed one hundred fifty words,\n\nb. reflect partiality in its composition or contain any\n\nargument for or against the measure, or\ne readily understood\n\nby persons not engaged in the practice of law. The ballot title\n\nshall contain language which clearly states that a \"yes\" vote is a\n\nvote in favor of the proposition, and a \"no\" vote is a vote against\n\nthe proposition. The ballot title may not:\n\na. exceed one hundred fifty words,\n\nb. reflect partiality in its composition or contain any\n\nargument for or against the measure, or\n\nc. contain language whereby a \"yes\" vote is, in fact, a\n\nvote against the proposition and a \"no\" vote is, in\n\nfact, a vote in favor of the proposition.\n\n2. The clerk or secretary shall immediately forward a copy of\n\nthe proposition and ballot title to the municipal attorney or\n\ndistrict attorney. Within three (3) days after the filing of the\n\nballot title, the attorney shall notify the clerk or secretary in\n\nwriting whether or not the proposed ballot title is in legal form\n\nand in harmony with the law. If the ballot title is not in proper\n\nform, in the opinion of the attorney, he shall prepare and file a\n\nballot title which does conform to the law within the three-day\n\nperiod.\n\nE. A qualified elector who is dissatisfied with the wording of\n\na ballot title may appeal, within ten (10) days after the ballot\n\ntitle is filed with the clerk or secretary, to the district court in\n\nthe county in which the situs of the city, town or county is\n\nlocated. The petition for appeal shall offer a substitute ballot\n\ntitle for the one from which the appeal is taken. Written notice of\n\nthe appeal shall be served upon the clerk or secretary and upon the\n\nparties who filed the ballot title at least five (5) days before\n\nsuch appeal is heard by the court. The municipal attorney or the\n\ndistrict attorney shall, and any interested citizen may, defend the\n\nballot title from which the appeal is taken. After the hearing of\n\nthe appeal, the district court may correct or amend the ballot\n\ntitle, or accept the substitute suggested, or may draft a new one\n\nwhich will conform with the law.\n\nF. When a ballot title has been decided upon, either as\n\napproved by the municipal attorney or district attorney or by the\n\ndistrict court, the clerk or secretary shall notify the mayor or the\n\nchairman of the board of county commissioners in writing, and attach\n\na copy of the petition and ballot title.\n\nG. When an initiative petition demands the enactment of an\n\nordinance or resolution, the mayor or the chairman of the board of\n\ncounty commissioners shall present the petition to the governing\n\nbody at its next meeting. If the petition is not granted more than\n\nthirty (30) days before the next general municipal or county\n\nelection, the mayor or the board of county commissioners shall\n\nsubmit the ordinance or act so petitioned to the registered voters\n\nof the city, town or county at the next general municipal or county\n\nelection.\n\nH. Whenever a referendum is demanded against any measure passed\n\nby the city, town or county governing body, or whenever an\n\ninitiative petition is demanded, the question shall be submitted to\n\nthe registered voters of the city, town or county for their approval\n\nor rejection at the next general municipal or county election.","path":["OK Code","Title 62"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os62.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"1177391473204012879c3d379d7d49fc0dbf4feeaf778f1d4b305e0b33110b08","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-62-62-867.1","next":"us-ok/okla.-stat.-tit.-62-62-869"},"notice":"GroundRules: Original legal text. Not legal advice."}