OKLAHOMA CITY — Lawmakers are taking a second run at adding controversial state questions to the Aug. 25 ballot despite concerns that it could violate the Oklahoma Constitution.
Despite concerns that the measure contains more than one subject, House lawmakers on Tuesday voted to use a one bill to set Aug. 25 election dates for two different state questions — one addressing adjustments to Medicaid expansion and the other overhauling the state’s judicial nominating process.
Rep. Trey Caldwell, R-Faxon, who authored House Bill 4063, said he believes the measure can be considered because it deals with putting two previously approved measures on the Aug. 25 special election ballot which makes it a single subject.
House Bill 4440 asks voters to consider removing Medicaid expansion from the Oklahoma Constitution and instead place it in state statute which would give the Legislature the ability to make changes to the program.
House Joint Resolution 1024 proposes constitutional changes to a panel that nominates judges for selection by the governor. The changes include removing restrictions on political affiliation and prohibitions that prevent certain members from being attorneys.
But Rep. Suzanne Schreiber, D-Tulsa, who voted against Caldwell’s bill Tuesday, said she’s concerned about House Bill 4063 because it contains two unrelated topics.
The Oklahoma Constitution contains a single-subject rule. It forbids lawmakers from combining unrelated topics into legislation or ballot measures. The constitutional prohibition is in place to prohibit legislators from logrolling different issues together in an effort to pass difficult measures.
“Representatives are being asked to decide that they want two totally unrelated things to go onto the same ballot together, which is very unusual, and so I have concerns about that,” Schreiber said.
Some representatives may be fine with one state question going to the August election but not the other, Schreiber said.
Democrats, who opposed the measure, also said they’re concerned that Oklahoma’s statewide runoff election traditionally has the lowest turnout rates and draws more Republican voters.
“If we’re really concerned about the people having an immediate opportunity to vote on this, why don’t we put this on the June ballot instead of the August ballot?” said Rep. Andy Fugate, D-Oklahoma City.
The August runoff is typically a partisan contest but any Oklahoman can vote on state questions.
Caldwell said while the runoff election date may have higher Republican voter turnout that’s because most state offices are held by Republicans and more candidates from the majority party run for office than Democrats.
“I would hope that every single Oklahoman that cares about it, whether they’re independent, Republican or Democrats, would come to the polls in August and let their voices be heard, and we in this legislative body will follow that,” Caldwell said.
The measure heads to the state Senate for consideration. When considering both measures independently, the Senate fell short of the two-thirds support needed to place Medicaid expansion and Judicial Nominating Commission on the Aug. 25 ballot.
Caldwell said if the special election date isn’t approved by the Senate, both state questions will appear on the November ballot.
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