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Legal challenge expected after Oklahoma governor approves initiative petition restrictions

Oklahoma United Founder Margaret Kobos speaks Nov. 19 at a press conference supporting State Question 835, now called 836, that would let voters decide if the state’s primary system should be open.
Barbara Hoberock
/
Oklahoma Voice
Oklahoma United Founder Margaret Kobos speaks Nov. 19 at a press conference supporting State Question 835, now called 836, that would let voters decide if the state’s primary system should be open.

OKLAHOMA CITY – A legal challenge is expected after Gov. Kevin signed a measure that puts more restrictions on the process voters use to get issues on the ballot.

Critics said Senate Bill 1027, by Sen. David Bullard, R-Durant, is an unconstitutional effort to limit Oklahomans’ ability to utilize the state’s initiative petition process, while supporters said it is necessary to ensure more input from rural counties and to prevent fraud.

“SB 1027 is bad policy,” said Margaret Kobos, founder and CEO of Oklahoma United. “It suppresses voter input, makes it harder for Oklahomans to hold their elected officials accountable, and sends the message that those in power don’t trust the people who put them there. SB 1027 does nothing but prove that Oklahomans’ long held distrust of state government is well-earned.”

Oklahoma United is a nonpartisan group backing State Question 836 seeking to open Oklahoma primaries.

Robert McCampbell, an attorney representing the three petitioners for State Question 836, has said he did an analysis of the bill and found it unconstitutional on a number of fronts. Those include banning out-of-state circulators, per-signature pay, and out-of-state political contributions. He also found that it gives judicial powers to the Secretary of State, which violates the constitution.

Oklahoma United said it is preparing for a legal challenge to Senate Bill 1027, but it was not immediately clear who would file a legal challenge and no lawsuit had been filed as of Tuesday afternoon.

Currently, there are no limits on where signatures can be collected.

The new law, which takes effect immediately, says that to place a measure on the ballot that would change a state statute, no more than 11.5% of the votes cast in the most recent gubernatorial election could come from a single single county. The threshold increases to 20.8% for a constitutional amendment.

Those seeking to place items on the ballot would be prohibited from paying petition circulators based on the number of signatures collected. The measure requires sources of payment to circulators to be disclosed and bars out-of-state interests from donating.

Petition circulators would have to be registered voters.

Finally, the measure would require a political appointee, the Secretary of State, to approve the gist, the brief summary of the ballot measure that voters see at the top of the signature sheet.

Bullard did not immediately respond to a request for comment.

It is already extremely difficult for citizens to place measures on the ballot, but voters have successfully used the initiative petition process to circumvent legislators and expand Medicaid, legalize medical marijuana and make reforms to the state’s criminal justice system.

Raise the Wage Oklahoma collected enough signatures to get State Question 832 seeking to increase the minimum wage on the June 16, 2026 ballot.

Oklahoma Voice is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Oklahoma Voice maintains editorial independence. Contact Editor Janelle Stecklein for questions: info@oklahomavoice.com. Follow Oklahoma Voice on Facebook and Twitter.
Oklahoma Voice is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Oklahoma Voice maintains editorial independence. Contact Editor Janelle Stecklein for questions: info@oklahomavoice.com. Follow Oklahoma Voice on Facebook and Twitter.