Oklahoma Supreme Court Hears State Question 836 Challenge
- mike33692
- 9 hours ago
- 2 min read
Oklahoma Supreme Court Hears State Question 836 Challenge
The State Question 836 campaign made its case before the Oklahoma Supreme Court on Tuesday, challenging the rejection of thousands of petition signatures that kept the proposed constitutional amendment from reaching Oklahoma voters.
Supporters of State Question 836 argue the Oklahoma Secretary of State improperly invalidated more than 57,000 signatures collected during the petition drive. The case could determine not only the future of the proposal but also how Oklahoma's initiative petition process is applied moving forward.
State Question 836 Supporters Challenge Rejected Signatures
At the center of the case is a decision by Oklahoma Secretary of State Benjamin Lepak, who determined supporters submitted 142,567 valid signatures, falling short of the 172,993 signatures required to place the constitutional amendment on the ballot. Supporters say they actually turned in more than 200,000 signatures.
Attorney Frederic Dorwart, representing supporters of State Question 836, argued before an Oklahoma Supreme Court referee that the Secretary of State's Office has failed to explain why 57,841 signatures were rejected. He told the court that without knowing why individual signatures were invalidated, supporters face what he described as an "extraordinary burden" in challenging the state's findings.
According to the Oklahoma Secretary of State's Office, a 2024 state law requires petition signatures to match at least four of five voter identification data points before they can be counted. Previously, only three matching data points were required. Oklahoma's initiative petition requirements are outlined by the Secretary of State at https://www.sos.ok.gov.
State Defends Signature Verification Process
Attorney Trevor Pemberton, representing Secretary of State Benjamin Lepak, argued the Legislature acted within its constitutional authority when it updated Oklahoma's signature verification requirements.
Pemberton told the court the Oklahoma Constitution allows only registered voters to sign initiative petitions and said lawmakers have the authority to establish procedures for verifying those signatures. He argued supporters of State Question 836 have the burden of proving the law is unconstitutional rather than asking the court to create a new legal standard after signatures have already been reviewed.
Attorney Mark D. Sanders, who also represents supporters of the proposal, countered that while the Legislature has the authority to regulate the initiative petition process, it cannot make the process so restrictive that it effectively prevents citizens from exercising their constitutional right to place measures before voters.
The initiative petition laws at the center of the dispute are part of Oklahoma statutes approved by the Oklahoma State Legislature and are available at https://oksenate.gov.
Supreme Court Will Make The Final Decision
The hearing was held before Oklahoma Supreme Court Referee Meredith Wolfe, who will prepare findings and recommendations for the state's highest court.
Her report will not be the final ruling. The Oklahoma Supreme Court will decide whether the Secretary of State properly rejected the disputed signatures or whether State Question 836 should move forward toward the ballot.
The decision could have lasting implications for future initiative petitions, as it may clarify how Oklahoma's signature verification laws should be interpreted in future citizen-led campaigns.
The Oklahoma State Courts Network publishes Oklahoma Supreme Court opinions and case information, including proceedings involving initiative petitions, at https://www.oscn.net.
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