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Okemah.
He will be missed
The Norman
Transcript

my mission to help others.

org/donations.Visit us

Baptist Church in Norman.

said Monday when officers

located the man wearing clown
makeup, he told officers he
worked for a haunted attraction and had stopped at the
shopping center.
Woodruff said the man explained he had forgotten where
he parked his vehicle after
leaving the store and had to
walk through a couple of rows
of cars before locating it.
After determining that no
illegal activity had occurred,
the gentleman was free to go
about his business and he left
the area, Woodruff said.

in SQ 777.
The original author of Right
to Farm is a conservative
membership organization
called the American Legislative
Exchange Council.
Missouri was the first state
to pass Right to Farm as a

constitutional amendment.
Oklahomas inclusion of
compelling state interest is
another variation from versions
passed in other states.

N EWS B RI EFS

North side of Lindsey

Street and Berry Road
intersection open
The north side of the
Lindsey Street and Berry Road
intersection reopened to traffic
Tuesday.
Beginning Thursday, the
south and north sides of the
Wylie Road and Lindsey Street
intersection will be closed
temporarily for installation of a
new sewer pipeline.
The south side of Wylie
Road will be reopened to traffic
by the end of the month.
Additional sewer pipeline
construction north of Lindsey
Street will require closure of
the north side of the intersection through mid-November.
Residents on or near Wylie
Road will have access to their
residences. Questions may
be directed to John Clink at
366-5424.

Police: Clown was man

searching for vehicle
OWASSO Police were
called to an Owasso shopping center Sunday after a
suspicious man wearing clown
makeup was seen walking
between vehicles.
Owasso Deputy Chief
of Police Jason Woodruff

Submitted Content

Legal expert says

Right to Farm puts
burden on the state
STILLWATER Critics of
State Question 777, commonly called Right to Farm,
express concern about how
difficult it would be to address
unforeseen consequences if it
becomes part of Oklahomas
constitution.
But University of Tulsa law
professor Gary Allison said
most people are still overlooking the most troubling part.
Allison, a professor of constitutional, environmental and
water law, is concerned about
what the state would have
to do, and possibly pay for,
under the standard contained

Call. Schedule. Donate. Done.

Did you know that we will come to your home to pick up your furniture donations.
O.
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The Norman Transcript

Bill:

It could make it very difficult, if not

impossible, to pass laws to protect our
resources.

From Page A1

Often called the Right to

Farm bill, SQ 777 proposes a state constitutional
amendment that would
prohibit future legislatures,
state regulatory agencies or
municipalities from passing
any laws or adopting rules
and regulations that negatively aect the rights of
farmers and ranchers to use
any agricultural technology
and livestock production
and ranching practices.
We already have Right
to Farm legislation in this
state, right? Mayor Lynne
Miller said.
Missy Dean of the Oklahoma Municipal League
said state laws are currently
in place to protect farming
and agricultural practices in
Oklahoma.
If you place it in the constitution, its harder to make
those changes, Dean said.
Multiple groups including the the Five

Oil

Lynne Miller,

Norman mayor, on SQ 777

Civilized Tribes, several
cities and several lake associations oppose the
proposition.
These groups are opposing this proposition because
the language is so broad and
vague, Dean said. It would
give agriculture protections
no other group receives.
Council member Greg
Heiple said Oklahoma
shouldnt create institutions
too big to fail.
Its profoundly important
that we vote against this,
Heiple said.
If passed, corporate
agricultural interest would
have more power in the
state than the oil and gas
industry, Miller said.
She thinks local farmers and ranchers could be

impacted negatively if SQ
777 passes because it would
favor large agricultural
concerns. She is also worried about protecting Lake
Thunderbird if the measure
passes.
It could make it very
dicult, if not impossible,
to pass laws to protect our
resources, she said.
The resolution was adopted in an 8-1 vote.
Council member Robert
Castleberry voted against
adopting the resolution
because of legal concerns
but said he opposes SQ 777
and will vote against it at
the polls.

Rainer said

way 9 and Lindsey also are

Joy Hampton
366-3544
jhampton@normantranscript.com
Follow me @joyinvestigates

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Poteau Daily News

Tilford@comcast.net.
4
9
7

Letter to the Editor

Evans: Vote no on SQ 777
Dear Editor,

0
5
2
5
2
5
6
9

I have been looking at

State Question 777, also
called The Right to Farm
Act, which will be voted
on in the upcoming
November election.
If approved, the question will ban any legislation that restricts the use
of any agricultural technology, livestock production or ranching practices
unless there is compelling
state interest. The addition of the term compelling state interest practically guarantees that any
such restrictive legislation
will be held unconstitutional.
This law is not needed
to protect the local farmer
or rancher. Or, at least,

[Sheriff] Rob Seale has

not been out to arrest me
yet for raising a few head
of cattle. The true advocate for the bill is large
agribusiness, which should
come as no surprise to
anyone familiar with passage of state legislation.
Proponents of the bill
point angrily to California.
California passed a law to
alleviate the conditions
under which agribusiness
were conducting certain
pork, veal and chicken
operations. The law
required that animals be
raised in a sufficient space
that would allow them to
lie down, turn around and
fully extend their limbs.
In other words, treat the
animals just a little more
humanely than they were

being treated. Under 777,

such an equivalent measure could not be enacted
in Oklahoma by the
Legislature and pass constitutional muster.
More
importantly,
broad protective laws such
as 777 applied to farming
or any other business are
inherently bad, because
they assume that no future
practices might require
regulation for the protection of the public. And,
because of this assumption, they seek to prevent
any regulation in the
future without knowing
what the future may
bring.
I am not smart enough
to know if farming technology in the future will
usher in new genetically

modified plants or livestock that may merit regulation, or if newly developed fertilizers or herbicides should have certain
regulations for the protection of the public or the
environment or if the routine wholesale use of certain antibiotics in the
poultry industry presents
a public health issue. But,
if regulations are needed,
we shouldnt be eliminating or severely hampering
our ability to regulate at
this point in time.
Reserve the right to
protect ourselves and vote
no on 777.

Property of OPS News Tracker and members of the Oklahoma Press Association.

Ron Evans
Heavener

Poteau Daily News

Elections

PAGE 8B . . . SATURDAY, OCTOBER 1, 2016

POTEAU DAILY NEWS

SUMMARY OF
Oct
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2016
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STATEQUESTIONS
Seven state questions will appear on the Nov. 8 general election ballot.
Legislative Referendums are placed on the ballot by the Oklahoma Legislature.
Initiative Petitions are placed on the ballot by gathering signatures from citizens.
Each question is reprinted here as it will appear on the ballot followed by a
brief summary.
Death Penalty

STATEQUESTION
STATE QUESTION NO. 776
LEGISLATIVE REFERENDUM NO. 367

776

This measure adds a new section to the Oklahoma Constitution, Section 9A of

Article 2. The new Section deals with the death penalty. The Section establishes
State constitutional mandates relating to the death penalty and methods of
execution. Under these constitutional requirements:
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cruel or unusual punishment under Oklahomas Constitution, nor to contravene any
provision of the Oklahoma Constitution.

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SUMMARY: State Question 776 does two things: it addresses the

method of execution for an inmate on death row, and it states that the
death penalty shall not be deemed cruel and unusual punishment.
If the proposal is approved, a new section would be added to the
Oklahoma Constitution that allows the state to continue to impose
the death penalty, even if a specific method of execution becomes
unavailable. Death sentences would remain in effect until they can
be carried out by any method not prohibited by the US Constitution.
If approved, the constitutional amendment would apply to the
state constitution but not the federal constitution or courts applying
federal law.
The Oklahoma death penalty law, enacted in 1976, has been
consistently applied by Oklahoma elected officials: the state executed
191 men and three women between 1915 and 2014 at the Oklahoma
State Penitentiary (82 by electrocution, one by hanging, and 111
by lethal injection). Statutes specifically allow gas inhalation,
electrocution, and firing squad as backups to the primary form of
execution by lethal injection.
In October 2015, Oklahoma suspended executions for a review
of lethal injection protocols. One of the drugs most commonly
used for lethal injection is sodium thiopental, which is no
longer manufactured in the United States. In 2011, the European
Commission imposed restrictions on the export of certain drugs
used for lethal injections in the United States.
As a result, many states no longer have the drugs used to carry out
lethal injection. Oklahoma has turned to other drugs as a substitute
for sodium thiopental. However, recent instances of executions
around the country in which alternative drugs were used may have
produced adverse outcomes.
The death penalty is legal in thirty-one states, and illegal in
nineteen.

Agriculture

STATEQUESTION
STATE QUESTION NO. 777
LEGISLATIVE REFERENDUM NO. 368

777

This measure adds Section 38 to Article II of the Oklahoma Constitution. The new
Section creates state constitutional rights. It creates the following guaranteed rights
to engage in farming and ranching:
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These constitutional rights receive extra protection under this measure that not all
constitutional rights receive. This extra protection is a limit on lawmakers ability
to interfere with the exercise of these rights. Under this extra protection, no law
can interfere with these rights, unless the law is justified by a compelling state
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SUMMARY: If the proposal is approved, the measure would

prevent lawmakers from passing legislation to regulate agriculture

unless there is a compelling state interest. The proposal would
forbid the state of Oklahoma from regulating the use of agricultural
technology, livestock procedures, and ranching practices. The
standard of compelling state interest is a key component to the
question because it sets a very high standard for a law to be judged.
If passed, the proposal would apply to any democratically elected
body that can trace its creation to the state legislature, including
county and city governments, but not school boards. Federal laws
would not be impacted; current state laws about farming and
ranching would be grandfathered in, and would not be repealed by
this amendment. Grandfathered laws could be amended or repealed
in the future.
Similar proposals have been presented to voters in other states,
first in North Dakota. A similar amendment passed in Missouri in
2014; another amendment was considered in Nebraska earlier this
year but was not approved by legislators for a vote of the people.
Oklahomas State Question 777 is inspired in part by opponents of
Proposition 2 in California. Proposition 2 required certain farm
animals to be able to lie down, stand up, fully extend limbs, and turn
around freely. SQ 777 is unique in that it added the compelling state
interest clause.
Oklahomas top agricultural products in revenue are cattle,
hogs, poultry, wheat, and dairy. Agriculture is the states fourteenth
highest economic sector, accounting for less than 2 percent of GDP,
(higher than agricultures national rate). For decades, as technology
and yields have advanced, the number of agricultural jobs and farms
has declined. Nine in ten Oklahoma crop and animal operations
are owned by private citizens, many of whom contract with larger
corporations.

Education Funding Tax

STATEQUESTION
STATE QUESTION NO. 779
INITIATIVE PETITION NO. 403

779

This measure adds a new Article to the Oklahoma Constitution. The article creates
a limited purpose fund to increase funding for public education. It increases State
sales and use taxes by one cent per dollar to provide revenue for the fund. The
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measure. It requires an annual audit of school districts use of monies. It prohibits
school districts use of these funds for increasing superintendents salaries or
adding superintendent positions. It requires that monies from the fund not supplant
or replace other educational funding. If the Oklahoma Board of Equalization
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SUMMARY: If this proposal is approved, Article 8-C would be

added to the Oklahoma Constitution creating a limited purpose
fundthe Education Improvement Fund.
An increase of the sales and use tax by one cent on the dollar
would provide revenue for the fund. School districts that benefit
from the fund would be subject to an annual audit. Funds
generated by the tax cannot be used to replace other state funding
of common, higher, career and technology, and early childhood
education.
The provisions of the new article require a minimum $5,000
salary increase for teachers over the salaries paid in the year prior
to adoption. The funds generated would not be used to increase
the salaries of school superintendents or to add superintendent
positions.
Oklahomas average compensation for teachers, including salary
and benefits, is $44,921. According to the National Education
Association, Oklahoma ranks 49th in the nation in teacher pay.
A section within the new article to the state constitution
establishes that monies collected would be distributed as follows:
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> 86.33 percent of common education funding would be used
to provide teachers with a minimum $5,000 raise and otherwise
address or prevent teacher and certified instruction staff shortages.
> 13.67 percent of common education funding would be used
to adopt or expand, but not maintain, programs, opportunities
or reforms for improving reading in early grades, improving
high school graduation rates, and increasing college and career
readiness.
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Law Enforcement

STATEQUESTION
STATE QUESTION NO. 780
INITIATIVE PETITION NO. 404

This measure amends existing Oklahoma laws and would change the classification
of certain drug possession and property crimes from felony to misdemeanor.
It would make possession of a limited quantity of drugs a misdemeanor. The
amendment also changes the classification of certain drug possession crimes
which are currently considered felonies and cases where the defendant has a prior
drug possession conviction. The proposed amendment would reclassify these drug
possession cases as misdemeanors. The amendment would increase the threshold
dollar amount used for determining whether certain property crimes are considered
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false declaration of a pawn ticket, embezzlement, larceny, grand larceny, theft,
receiving or concealing stolen property, taking domesticated fish or game, fraud,
forgery, counterfeiting, or issuing bogus checks. This measure would become
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SUMMARY: If the measure is approved, State Question 780

would reclassify certain offenses, such as simple drug possession
and property crimes, as misdemeanors rather than felonies. The
reclassification of the drug possession offense is intended to be applied to persons who use the drugs, not to those who are selling or
manufacturing the drugs. The measure also would change the dollar
amount threshold for property crimes charged as felonies from $500
to $1,000.
The goal of this measure is to reduce the size of the states prison
population and to reduce the amount of state funds being spent on
prisons. SQ 780 proposes to change Oklahoma statutes, not the constitution.
According to the U.S. Bureau of Justice in 2014, Oklahoma had
the second highest incarceration rate in the nation at 700 inmates
per 100,000 U.S. residents. Oklahoma also had the highest incarceration rate for women that year. The total correctional population
of a state includes people incarcerated and on probation or parole.
The Oklahoma Department of Corrections indicated in August
2016 that the prison system was at 104 percent of its capacity with
27,097 inmates being held. Drug offenders comprise 26.3 percent of
inmates. Another 23.3 percent of inmates are imprisoned for other
nonviolent crimes. According to the Oklahoma DOC 2015 annual
report, the Oklahoma prison population has increased by 22.6 percent since 2006. In fiscal year 2016, the Oklahoma legislature appropriated $485 million to the Oklahoma Department of Corrections.
If the measure is approved, the changes proposed would not be
retroactive. Sentences for current inmates would not change.

For more information about State Questions, see the Oklahoma Secretary of State website at
www.sos.ok.gov/gov/state_questions.aspx
or the Oklahoma State Election Board website at
www.ok.gov/elections/Election_Info/State_Question_info.html.

Criminal Rehabilitation

STATEQUESTION
STATE QUESTION NO. 781
INITIATIVE PETITION NO. 405

781

This measure creates the County Community Safety Investment Fund, only if
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measure would create a fund, consisting of any calculated savings or averted
costs that accrued to the State from the implementation of the Oklahoma Smart
Justice Reform Act in reclassifying certain property crimes and drug possession as
misdemeanors. The measure requires the Office of Management and Enterprise
Services to use either actual data or its best estimate to determine how much
money was saved on a yearly basis. The amount determined to be saved must be
deposited into the Fund and distributed to counties in proportion to their population
to provide community rehabilitative programs, such as mental health and
substance abuse services. This measure will not become effective if State Question

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SUMMARY: The implementation of State Question 781 is contingent

on the passage of State Question 780. If SQ 781 is approved by voters,

but SQ 780 is not, none of the changes described in SQ 781 will be
enacted.
If both measures are approved, SQ 781 would create the County
Community Safety Investment Fund. That fund would hold any cost
savings achieved by reducing numbers of people incarcerateda
decrease resulting from reclassifying certain property crimes and
drug possession as misdemeanors. The new Investment Fund would
be a revolving fund not subject to fiscal year limitations. Any savings
or averted costs would be calculated by the Office of Management
and Enterprise Services.
If savings are determined, the legislature would be required
to appropriate that amount from the general fund to the County
Community Safety Investment Fund.
The money must be used for county rehabilitative programs,
including those that address mental health and substance abuse, or
provide job training or education. The money would be distributed to
Oklahoma counties in proportion to their population.
The Office of Management and Enterprise Services will use
actual data or make its best estimate when calculating cost savings
per year. Its calculation would be final and would not be adjusted
because of subsequent changes in underlying data.
The intent of SQ 781 is to focus on root causes of criminal
behavior such as addiction and mental health problems, as
opposed to placing more people charged with lower-level offenses
behind bars.

Religion & the State

STATEQUESTION
STATE QUESTION NO. 790
LEGISLATIVE REFERENDUM NO. 369

790

This measure would remove Article 2, Section 5 of the Oklahoma Constitution,

which prohibits the government from using public money or property for the
direct or indirect benefit of any religion or religious institution. Article 2, Section 5
has been interpreted by the Oklahoma courts as requiring the removal of a Ten
Commandments monument from the grounds of the State Capitol. If this measure
repealing Article 2, Section 5 is passed, the government would still be required to
comply with the Establishment Clause of the United States Constitution, which is
a similar constitutional provision that prevents the government from endorsing a
religion or becoming overly involved with religion.

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SUMMARY: State Question 790 addresses public funding and

property use regarding the separation of church and state. It is a

proposal to repeal a section of the states constitution. If the measure
is approved, Article 2, Section 5 of the Oklahoma Constitution
would be repealed. By removing this section, public expenditure
or property use for religious purposes would not be explicitly
prohibited.
Under the First Amendment to the United States Constitution,
congress shall make no law respecting an establishment of religion,
or prohibiting the free exercise thereof.
Under the Oklahoma Constitutions Article 2, Section 5, state
money or property cannot be used directly or indirectly to support
a church, sect, denomination, or system of religion.
This state question is a response to recent controversy over
display of the Ten Commandments monument on the grounds
of the Oklahoma State Capitol. In 2009, the Ten Commandments
Monument Display Act was passed by the state legislature and, three
years later, a privately donated Ten Commandments monument was
erected on the grounds of the State Capitol. Lawsuits followed, and
by June 2015, the Oklahoma Supreme Court ruled the monuments
placement on state property was unconstitutional, ordering that it
be removed. The basis for the courts decision was Article 2, Section
5 of the Oklahoma State Constitution. In October 2015, Oklahoma
Governor Mary Fallin called on the legislature to repeal that section
of the state constitution in order to allow the monument at the State
Capitol.

Alcohol

STATEQUESTION
STATE QUESTION NO. 792
LEGISLATIVE REFERENDUM NO. 370

792

This measure repeals Article 28 of the Oklahoma Constitution and restructures the
laws governing alcoholic beverages through a new Article 28A and other laws the
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with exceptions, a person or company can have an ownership interest in only one
area of the alcoholic beverage business-manufacturing, wholesaling, or retailing.
Some restrictions apply to the sales of manufacturers, brewers, winemakers, and
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designate days and hours when alcoholic beverages may be sold and may impose
taxes on sales. Municipalities may levy an occupation tax. If authorized, a state
lodge may sell individual alcoholic beverages for on-premises consumption but no
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SUMMARY: If the proposal is approved, it would repeal Article

28 of the Oklahoma Constitution and replace it with Article 28A,

which restructures the laws governing alcohol. If approved, the
measure will go into effect on October 1, 2018.
Currently, under Oklahoma law, liquor stores can sell fullstrength, unrefrigerated beer but cannot sell cold beer or chilled
wine. Liquor stores can sell wine and spirits but no other items.
Grocery and convenience stores can sell cold low-point beer (3.2
percent alcohol by weight) but not spirits, wine, or high-point beer.
State Question 792 would change the current alcohol laws to allow
grocery, convenience, and drug stores to sell cold, high-point beer
(up to 8.99 percent alcohol by volume) and wine (up to 15 percent
alcohol by volume). Liquor stores would be allowed to sell cold
beer and any item that also may be purchased in a grocery store or
convenience storeexcept motor fuelin limited amounts. Liquor
or spirits will still only be available for purchase from licensed retail
liquor stores.

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Stillwater NewsPress

OUR VIEW

Be a well-informed voter
The election is now less
an four weeks away. To
elp local voters get better
formed, the News Press is
-sponsoring a pair of forums
edicated to the all-important
ate questions.
The first night to remember
Oct. 25. Thats a Tuesday.
s the first of our forums,
onsored by Women Lead
klahoma and the Stillwater
eague of Women Voters. It
ill run from 6-8 p.m. at the
illwater Public Library.
This forum will be a disussion about all seven state

questions on the Nov. 8 general election ballot. There will

be both proponents and opponents for each state question,
so were sure it will be a night
of valuable information.
Its also the same night as
the Downtown Stillwater Halloween Festival. In conjunction
with the festival, the News
Press will have its annual costume photo shoot. Thats right,
were double booked. These
professional portraits will run
in the newspaper and online.
Two nights later, Oct. 27,
the News Press is cosponsor-

ing a forum with Oklahoma

Watch on State Question 777,
also known as Right to Farm.
We will hear from the yes
campaign and the no campaign. This will be 6-7 p.m.
at the Stillwater Community
Center.
Both forums are free and
open to the public, and will be
streamed on News Press social
media. If you havent already,
like us on Facebook and follow
us on Twitter to get access to
the live streams.
Something else were looking
forward to is hearing from the

Property of OPS News Tracker and members of the Oklahoma Press Association.

candidates. You can do that in

person thanks to the Stillwater Chamber of Commerces
General Election Candidate
Fair, 5:30-7:30 p.m., Nov. 2 at
the Stillwater Public Library.
Candidates for U.S. Senate
and House are scheduled to be
there as well as candidates for
our local elections state rep.
District 33 and county clerk.
This is also free and open to
the public.
Attend these three forums
and voters should be able to
make informed choices on
Nov. 8.

Weatherford Daily News

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Supporting the
state questions
Part 1 in a series of 3

Colin Murphy
Staff Reporter

ccording to the Custer County Election

Board, there are seven state questions on
the ballot this November. Among the issues
coming up for vote are a one-penny sales
tax to give teachers a pay raise and the death penalty
in the state.
Sources report, among those in favor of State
Question 779, the one-penny sales tax for education,
are Former State Secretary of Commerce Dave
Lopez, Former State Secretary of Education Phyllis
Hudecki and University of Oklahoma President David
Boren. Among the organizations supporting the
measure include Stand for Children, the Cooperative
Council for Oklahoma School Administration and the
Oklahoma Education Association.
Among those who oppose SQ 779, Lt. Gov. Todd
Lamb, Sen. Kyle Loveless and Tulsa Mayor Dewey
Barlett. Among the organizations who oppose the
measure are the Oklahoma Municipal League and
the Oklahoma Council of Public Affairs Impact.
Additionally the City of Edmond has also ofcially
opposed the matter.
Another state question, SQ 776, if approved will
amend the Oklahoma Constitution to prevent future
challenges to the death penalty in the state.
Among those who support it are Sen. Anthony
Sykes, Rep. Mike Christian, Rep. Mike Ritze, Rep.

Please see QUESTIONS,

Page 3

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Weatherford Daily News

Questions

Continued from Page One

John Paul Jordan, Rep. Dennis Johnson and Rep. Lewis Moore.
Many organizations oppose SQ 776, include Think Twice Oklahoma, the
ACLU of Oklahoma, numerous Amnesty International Oklahoma groups and
members, the Roman Catholic Archdiocese of Oklahoma City, the Center
for Conscience in Action, Democratic Socialists of America Oklahoma City
Chapter, Libertarian Party of Oklahoma, NAACP Oklahoma City Branch,

Murder Victims Families for Reconciliation, Oklahoma Conference of Churches,

Oklahoma Coalition to Abolish the Death Penalty, the Oklahoma Democratic
Party, Peace House Tulsa, the Republican Liberty Caucus of Oklahoma and
Witness to Innocence.
Other issues include the modernization of Oklahoma liquor laws and whether
the Right to Farm deserves the highest protection under the law.

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The Herald-Democrat

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The Dewey County Record

Seiling local participates in SQ777 discussion

by Kaci Livingston

Oct
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LeeAnna McNally, National

Farm Bureau director of national affairs, attended the
Oklahoma State University
College Republicans meeting
to have an open discussion
about SQ777 on Sept. 28.
The future of Oklahoma agriculture as we know it could
be decided on Election Day.
The meeting was held at 6
p.m. in Room 101 of OSUs
Classroom Building. OSU
College Republican President
Molly Turner invited McNally
to come and speak to the members of the College Republicans club about the upcoming
state question deemed Oklahomas Right to Farm.
College Republicans at
Oklahoma State University
is a campus club devoted to
promoting grassroots activism
and millennial engagement in
the American political system.
Promoting our conservative
values is important to us and
this club gives us a platform
for doing that, said Molly
Turner, OSU College Republicans president.
The College Republicans
invite candidates running for
leadership roles in the Oklahoma legislature to hold question
and answer forums on campus, and encourage members
to volunteer on Republican
campaigns.
We believe this is our time
to step into the light and take
the reins, said Turner. Every action taken and decision
made today will affect our
generation for the remainder
of our lives, we want to make
sure we have a hand in making
those decisions.
LeeAnna McNally of Farm
Bureau accepted Turners invitation to attend a College
Republicans meeting to discuss the controversial SQ777.

The reason I invited a

spokesperson from Farm
Bureau is because I felt like
SQ777 is widely misunderstood, said Turner. I wanted
to give students at OSU an
opportunity to get a solid explanation of the state question
pertaining to agriculture.
According
to
OklahomaRightToFarm.com, the
agricultural industry is the second largest source of revenue
for the state of Oklahoma. In
addition, 98.9% of farms in
Oklahoma are family owned
and operated. That is why so
many people are passionate
on both the opposition and the
proposition of this state question.
During the discussion, attendees were handed informational pamphlets to refer
to as McNally gave a general
overview of the state question and explained some of
the legal jargon within SQ777.
If passed, the measure adds
Section 38 to Article II of the
Oklahoma Constitution.
Conventional agriculture
is under attack, said McNally. Upon passage, this state
question will allow Oklahoma
to decide the future of Oklahoma agriculturenot out of
state interest groups.
As it will appear on the ballot, SQ777 guarantees the
following rights to engage
in farming and ranching: the
right to make use of agriculture technology, the right to
make use of livestock procedures, and the right to make
use of ranching practices.
Additionally, the law must be
necessary to serve that compelling state interest. In short,
the compelling state interest
is a legal phrasewith variRXV GHQLWLRQVWKDW DOORZV
the state to intervene if matters

affect the health and safety of

the public. Its also important
to note that this state question
does not deregulate agricultural production. Any regulations
that are in place now arent
going away upon passage of
SQ777.
This state question was created through the grass roots
process, said McNally. Our
members came to Farm Bureau and requested a resolution
to protect their right to farm.
A student in attendance of
the meeting, Caleb Gilchrist
found the meeting to be very
informational.
As someone who plans
to go back to the farm after I
graduate, said Gilchrist. Its
important to me that my familys farm still has the right
to operate the way that we
choose to and the way that
works for us.
Gilchrist spoke in depth
about his passion to produce
safe, quality food for the
ever-growing population.
I care about the health and
well-being of my cattle more
than I care about my own,
VDLG*LOFKULVW,WVGLIFXOWIRU
me to understand why groups
like the Humane Society and
other animal activist groups
think I treat my animals inhumanely.
Gilchrist fears that if SQ777
doesnt pass, animal activists
will be successful in shutting
down livestock production
sometime in the future.
Results on Nov. 8 will determine if the efforts by Farm
Bureau and the like were successful. SQ777 as well as the
other state questions appearing on the ballot are among
the most controversial in our
states history.

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The Hennessey Clipper

All seven state questions will be

discussed Tues. in Kingfisher
A state question discussion is Tues.,
Oct. 18, 6 p.m. at the Interbank Community Room, 320 N. Main St., Kingfisher.
All seven state questions that will be
on the ballot on Nov. 8 will be discussed,
said Mike Frey, meeting coordinator.
Sen. Darcy Jech, R-Kingfisher, Sen. AJ
Griffin, R-Guthrie, and Rep. Mike Sanders, R-Kingfisher, will be present to ex-

plain and discuss the state questions.

Michael Kelsey, executive vice president of the state Cattlemens Association
will also attend to present SQ 777 dealing
with farming.
I hope that area citizens will join me to
learn more about these state questions so
that we all can be informed when they go
to the polls to cast our votes, Frey said.

Property of OPS News Tracker and members of the Oklahoma Press Association.

t
f
i
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t

The Okeene Record

Page 7, The Okeene Record, Thursday, October 13, 2016

SUMMARY OF

STATEQUESTIONS
Oct
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Seven state questions will appear on the Nov. 8 general election ballot. Legislative Referendums are placed on the ballot by the Oklahoma Legislature. Initiative Petitions are placed
on the ballot by gathering signatures from citizens. Each question is reprinted here as it will
appear on the ballot followed by a brief summary.

proportion to their population to provide community rehabilitative programs, such as mental health and substance abuse services. This measure will not become effective if State Question
780, the Oklahoma Smart Justice Reform Act, is not approved
by the people. The measure will become effective on July 1 immediately following its passage.
FOR THE PROPOSAL YES
AGAINST THE PROPOSAL NO

Death Penalty: STATE QUESTION NO. 776

LEGISLATIVE REFERENDUM NO. 367
This measure adds a new section to the Oklahoma Constitution,
Section 9A of Article 2. The new Section deals with the death
penalty. The Section establishes State constitutional mandates
relating to the death penalty and methods of execution. Under
these constitutional requirements:

7KH /HJLVODWXUH LV H[SUHVVO\ HPSRZHUHG WR GHVLJQDWH
any method of execution not prohibited by the United States
Constitution.

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of execution is ruled to be invalid.

:KHQ DQ H[HFXWLRQ PHWKRG LV GHFODUHG LQYDOLG WKH
death penalty imposed shall remain in force until it can be carried out using any valid execution method, and

7KH LPSRVLWLRQ RI D GHDWK SHQDOW\ XQGHU 2NODKRPD
law-as distinguished from a method of executionshall not
EHGHHPHGWREHRUFRQVWLWXWHWKHLQLFWLRQRIFUXHORUXQXVXDO
punishment under Oklahomas Constitution, nor to contravene
any provision of the Oklahoma Constitution.
FOR THE PROPOSAL YES
AGAINST THE PROPOSAL NO

SUMMARY: The implementation of State Question 781 is

contingent on the passage of State Question 780. If SQ 781 is
approved by voters, but SQ 780 is not, none of the changes described in SQ 781 will be enacted.
If both measures are approved, SQ 781 would create the
County Community Safety Investment Fund. That fund would
hold any cost savings achieved by reducing numbers of people
incarcerateda decrease resulting from reclassifying certain
property crimes and drug possession as misdemeanors. The new
,QYHVWPHQW)XQGZRXOGEHDUHYROYLQJIXQGQRWVXEMHFWWRVFDO
year limitations. Any savings or averted costs would be calcuODWHGE\WKH2IFHRI0DQDJHPHQWDQG(QWHUSULVH6HUYLFHV
If savings are determined, the legislature would be required
to appropriate that amount from the general fund to the County
Community Safety Investment Fund.
The money must be used for county rehabilitative programs,
including those that address mental health and substance abuse,
or provide job training or education. The money would be distributed to Oklahoma counties in proportion to their population.
7KH2IFHRI0DQDJHPHQWDQG(QWHUSULVH6HUYLFHVZLOOXVH
actual data or make its best estimate when calculating cost savLQJV SHU \HDU ,WV FDOFXODWLRQ ZRXOG EH QDO DQG ZRXOG QRW EH
adjusted because of subsequent changes in underlying data.
The intent of SQ 781 is to focus on root causes of criminal
behavior such as addiction and mental health problems, as opposed to placing more people charged with lower-level offenses
behind bars.

SUMMARY: State Question 776 does two things: it addresses

the method of execution for an inmate on death row, and it states
that the death penalty shall not be deemed cruel and unusual
punishment. If the proposal is approved, a new section would be
added to the Oklahoma Constitution that allows the state to conWLQXHWRLPSRVHWKHGHDWKSHQDOW\HYHQLIDVSHFLFPHWKRGRI
execution becomes unavailable. Death sentences would remain
in effect until they can be carried out by any method not prohibited by the US Constitution.
If approved, the constitutional amendment would apply to the
state constitution but not the federal constitution or courts applying federal law.
The Oklahoma death penalty law, enacted in 1976, has been
FRQVLVWHQWO\DSSOLHGE\2NODKRPDHOHFWHGRIFLDOVWKHVWDWHH[ecuted 191 men and three women between 1915 and 2014 at
the Oklahoma State Penitentiary (82 by electrocution, one by
KDQJLQJDQGE\OHWKDOLQMHFWLRQ6WDWXWHVVSHFLFDOO\DOORZ
JDVLQKDODWLRQHOHFWURFXWLRQDQGULQJVTXDGDVEDFNXSVWRWKH
primary form of execution by lethal injection.
In October 2015, Oklahoma suspended executions for a review of lethal injection protocols. One of the drugs most commonly used for lethal injection is sodium thiopental, which is no
longer manufactured in the United States. In 2011, the European
Commission imposed restrictions on the export of certain drugs
used for lethal injections in the United States.
As a result, many states no longer have the drugs used to
carry out lethal injection. Oklahoma has turned to other drugs as
a substitute for sodium thiopental. However, recent instances of
executions around the country in which alternative drugs were
used may have produced adverse outcomes.
The death penalty is legal in thirty-one states, and illegal in
nineteen.
Agriculture: STATE QUESTION NO. 777
LEGISLATIVE REFERENDUM NO. 368
This measure adds Section 38 to Article II of the Oklahoma Constitution. The new Section creates state constitutional rights. It
creates the following guaranteed rights to engage in farming and
ranching:

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7KHULJKWWRPDNHXVHRIOLYHVWRFNSURFHGXUHVDQG

7KHULJKWWRPDNHXVHRIUDQFKLQJSUDFWLFHV
These constitutional rights receive extra protection under this
measure that not all constitutional rights receive. This extra protection is a limit on lawmakers ability to interfere with the exercise of these rights. Under this extra protection, no law can
LQWHUIHUHZLWKWKHVHULJKWVXQOHVVWKHODZLVMXVWLHGE\DFRPSHOOLQJ VWDWH LQWHUHVWD FOHDUO\ LGHQWLHG VWDWH LQWHUHVW RI WKH
highest order. Additionally, the law must be necessary to serve
that compelling state interest. The measureand the protections
LGHQWLHGDERYHGRQRWDSSO\WRDQGGRQRWLPSDFWVWDWHODZV
related to:

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enacted before December 31, 2014.
FOR THE PROPOSAL YES
AGAINST THE PROPOSAL NO
SUMMARY: If the proposal is approved, the measure would
prevent lawmakers from passing legislation to regulate agriculture unless there is a compelling state interest. The proposal
would forbid the state of Oklahoma from regulating the use
of agricultural technology, livestock procedures, and ranching
practices. The standard of compelling state interest is a key
component to the question because it sets a very high standard
for a law to be judged.
If passed, the proposal would apply to any democratically
elected body that can trace its creation to the state legislature,
including county and city governments, but not school boards.
Federal laws would not be impacted; current state laws about
farming and ranching would be grandfathered in, and would not
be repealed by this amendment. Grandfathered laws could be
amended or repealed in the future.
Similar proposals have been presented to voters in other
VWDWHV UVW LQ 1RUWK 'DNRWD $ VLPLODU DPHQGPHQW SDVVHG LQ
Missouri in 2014; another amendment was considered in Nebraska earlier this year but was not approved by legislators for
a vote of the people. Oklahomas State Question 777 is inspired
in part by opponents of Proposition 2 in California. Proposition
2 required certain farm animals to be able to lie down, stand up,
fully extend limbs, and turn around freely. SQ 777 is unique in
that it added the compelling state interest clause.
Oklahomas top agricultural products in revenue are cattle,
hogs, poultry, wheat, and dairy. Agriculture is the states fourteenth highest economic sector, accounting for less than 2 percent of GDP, (higher than agricultures national rate). For decades, as technology and yields have advanced, the number of
agricultural jobs and farms has declined. Nine in ten Oklahoma
crop and animal operations are owned by private citizens, many
of whom contract with larger corporations.
Education Funding Tax: STATE QUESTION NO. 779
INITIATIVE PETITION NO. 403
This measure adds a new Article to the Oklahoma Constitution.

The article creates a limited purpose fund to increase funding

for public education. It increases State sales and use taxes by
one cent per dollar to provide revenue for the fund. The revenue
to be used for public education shall be allocated: 69.50% for
common school districts, 19.25% for the institutions under the
authority of the Oklahoma State Regents for Higher Education,
3.25% for the Oklahoma Department of Career and Technology
Education, and 8% for the State Department of Education. It
requires teacher salary increases funded by this measure raise
teacher salaries by at least $5,000 over the salaries paid in the
year prior to adoption of this measure. It requires an annual audit
of school districts use of monies. It prohibits school districts
use of these funds for increasing superintendents salaries or
adding superintendent positions. It requires that monies from the
fund not supplant or replace other educational funding. If the
Oklahoma Board of Equalization determines funding has been
replaced, the Legislature may not make any appropriations until
the amount of replaced funding is returned to the fund. The article takes effect on July 1 after its passage.
FOR THE PROPOSAL YES
AGAINST THE PROPOSAL NO
SUMMARY: If this proposal is approved, Article 8-C would be
added to the Oklahoma Constitution creating a limited purpose
fundthe Education Improvement Fund.
An increase of the sales and use tax by one cent on the dollar
ZRXOGSURYLGHUHYHQXHIRUWKHIXQG6FKRROGLVWULFWVWKDWEHQHW
from the fund would be subject to an annual audit. Funds generated by the tax cannot be used to replace other state funding
of common, higher, career and technology, and early childhood
education.
The provisions of the new article require a minimum $5,000
salary increase for teachers over the salaries paid in the year
prior to adoption. The funds generated would not be used to increase the salaries of school superintendents or to add superintendent positions.
Oklahomas average compensation for teachers, including
VDODU\DQGEHQHWVLV$FFRUGLQJWRWKH1DWLRQDO(GXcation Association, Oklahoma ranks 49th in the nation in teacher
pay.
A section within the new article to the state constitution establishes that monies collected would be distributed as follows:
SHUFHQWWRFRPPRQHGXFDWLRQ
> 86.33 percent of common education funding would be used
to provide teachers with a minimum $5,000 raise and otherwise
DGGUHVVRUSUHYHQWWHDFKHUDQGFHUWLHGLQVWUXFWLRQVWDIIVKRUWages.
> 13.67 percent of common education funding would be used
to adopt or expand, but not maintain, programs, opportunities or
reforms for improving reading in early grades, improving high
school graduation rates, and increasing college and career readiness.
SHUFHQWWRKLJKHUHGXFDWLRQ
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Religion & the State: STATE QUESTION NO. 790

LEGISLATIVE REFERENDUM NO. 369
This measure would remove Article 2, Section 5 of the Oklahoma Constitution, which prohibits the government from using
SXEOLFPRQH\RUSURSHUW\IRUWKHGLUHFWRULQGLUHFWEHQHWRIDQ\
religion or religious institution. Article 2, Section 5 has been interpreted by the Oklahoma courts as requiring the removal of a
Ten Commandments monument from the grounds of the State
Capitol. If this measure repealing Article 2, Section 5 is passed,
the government would still be required to comply with the Establishment Clause of the United States Constitution, which is
a similar constitutional provision that prevents the government
from endorsing a religion or becoming overly involved with religion.
FOR THE PROPOSAL YES
AGAINST THE PROPOSAL NO

SUMMARY: State Question 790 addresses public funding and

property use regarding the separation of church and state. It is
a proposal to repeal a section of the states constitution. If the
measure is approved, Article 2, Section 5 of the Oklahoma Constitution would be repealed. By removing this section, public
expenditure or property use for religious purposes would not be
explicitly prohibited.
Under the First Amendment to the United States Constitution,
congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.
Under the Oklahoma Constitutions Article 2, Section 5, state
money or property cannot be used directly or indirectly to supLaw Enforcement: STATE QUESTION NO. 780
port a church, sect, denomination, or system of religion.
INITIATIVE PETITION NO. 404
This state question is a response to recent controversy over
This measure amends existing Oklahoma laws and would display of the Ten Commandments monument on the grounds of
FKDQJHWKHFODVVLFDWLRQRIFHUWDLQGUXJSRVVHVVLRQDQGSURSHUW\ the Oklahoma State Capitol. In 2009, the Ten Commandments
crimes from felony to misdemeanor. It would make possession Monument Display Act was passed by the state legislature and,
of a limited quantity of drugs a misdemeanor. The amendment three years later, a privately donated Ten Commandments monuDOVRFKDQJHVWKHFODVVLFDWLRQRIFHUWDLQGUXJSRVVHVVLRQFULPHV ment was erected on the grounds of the State Capitol. Lawsuits
which are currently considered felonies and cases where the de- followed, and by June 2015, the Oklahoma Supreme Court ruled
fendant has a prior drug possession conviction. The proposed the monuments placement on state property was unconstitutionamendment would reclassify these drug possession cases as mis- al, ordering that it be removed. The basis for the courts decision
demeanors. The amendment would increase the threshold dollar was Article 2, Section 5 of the Oklahoma State Constitution. In
amount used for determining whether certain property crimes October 2015, Oklahoma Governor Mary Fallin called on the
are considered a felony or misdemeanor. Currently, the threshold legislature to repeal that section of the state constitution in order
is $500. The amendment would increase the amount to $1000. to allow the monument at the State Capitol.
Property crimes covered by this change include; false declaration
of a pawn ticket, embezzlement, larceny, grand larceny, theft, re- Alcohol: STATE QUESTION NO. 792
FHLYLQJRUFRQFHDOLQJVWROHQSURSHUW\WDNLQJGRPHVWLFDWHGVK LEGISLATIVE REFERENDUM NO. 370
or game, fraud, forgery, counterfeiting, or issuing bogus checks. This measure repeals Article 28 of the Oklahoma Constitution
This measure would become effective July 1, 2017.
and restructures the laws governing alcoholic beverages through
FOR THE PROPOSAL YES
a new Article 28A and other laws the Legislature will create if
AGAINST THE PROPOSAL NO
the measure passes. The new Article 28A provides that with exceptions, a person or company can have an ownership interest in
SUMMARY: If the measure is approved, State Question 780 only one area of the alcoholic beverage business-manufacturing,
would reclassify certain offenses, such as simple drug posses- wholesaling, or retailing. Some restrictions apply to the sales of
sion and property crimes, as misdemeanors rather than felonies. manufacturers, brewers, winemakers, and wholesalers. Subject
7KH UHFODVVLFDWLRQ RI WKH GUXJ SRVVHVVLRQ RIIHQVH LV LQWHQGHG to limitations, the Legislature may authorize direct shipments
to be applied to persons who use the drugs, not to those who to consumers of wine. Retail locations like grocery stores may
are selling or manufacturing the drugs. The measure also would sell wine and beer. Liquor stores may sell products other than
change the dollar amount threshold for property crimes charged alcoholic beverages in limited amounts. The Legislature must
as felonies from $500 to $1,000.
create licenses for retail locations, liquor stores, and places servThe goal of this measure is to reduce the size of the states prison ing alcoholic beverages and may create other licenses. Certain
population and to reduce the amount of state funds being spent licensees must meet residency requirements. Felons cannot be
on prisons. SQ 780 proposes to change Oklahoma statutes, not licensees. The Legislature must designate days and hours when
the constitution.
alcoholic beverages may be sold and may impose taxes on sales.
According to the U.S. Bureau of Justice in 2014, Oklahoma had Municipalities may levy an occupation tax. If authorized, a state
the second highest incarceration rate in the nation at 700 inmates lodge may sell individual alcoholic beverages for on-premises
per 100,000 U.S. residents. Oklahoma also had the highest incar- consumption but no other state involvement in the alcoholic bevceration rate for women that year. The total correctional popula- HUDJHEXVLQHVVLVDOORZHG:LWKRQHH[FHSWLRQWKHPHDVXUHZLOO
tion of a state includes people incarcerated and on probation or take effect October 1, 2018.
parole.
FOR THE PROPOSAL YES
The Oklahoma Department of Corrections indicated in August
AGAINST THE PROPOSAL NO
2016 that the prison system was at 104 percent of its capacity
with 27,097 inmates being held. Drug offenders comprise 26.3 SUMMARY: If the proposal is approved, it would repeal Article
percent of inmates. Another 23.3 percent of inmates are impris- 28 of the Oklahoma Constitution and replace it with Article 28A,
oned for other nonviolent crimes. According to the Oklahoma which restructures the laws governing alcohol. If approved, the
DOC 2015 annual report, the Oklahoma prison population has measure will go into effect on October 1, 2018.
LQFUHDVHG E\  SHUFHQW VLQFH  ,Q VFDO \HDU  WKH
Currently, under Oklahoma law, liquor stores can sell fullOklahoma legislature appropriated $485 million to the Oklaho- strength, unrefrigerated beer but cannot sell cold beer or chilled
ma Department of Corrections.
wine. Liquor stores can sell wine and spirits but no other items.
If the measure is approved, the changes proposed would not be Grocery and convenience stores can sell cold low-point beer (3.2
retroactive. Sentences for current inmates would not change.
percent alcohol by weight) but not spirits, wine, or high-point
beer.
State Question 792 would change the current alcohol laws to
Criminal Rehabilitation: STATE QUESTION NO. 781
allow grocery, convenience, and drug stores to sell cold, highINITIATIVE PETITION NO. 405
This measure creates the County Community Safety Investment point beer (up to 8.99 percent alcohol by volume) and wine (up
Fund, only if voters approve State Question 780, the Oklahoma to 15 percent alcohol by volume). Liquor stores would be alSmart Justice Reform Act. This measure would create a fund, lowed to sell cold beer and any item that also may be purchased
consisting of any calculated savings or averted costs that accrued in a grocery store or convenience storeexcept motor fuelin
to the State from the implementation of the Oklahoma Smart limited amounts. Liquor or spirits will still only be available for
Justice Reform Act in reclassifying certain property crimes and purchase from licensed retail liquor stores.
drug possession as misdemeanors. The measure requires the OfFH RI 0DQDJHPHQW DQG (QWHUSULVH 6HUYLFHV WR XVH HLWKHU DFtual data or its best estimate to determine how much money was
saved on a yearly basis. The amount determined to be saved
must be deposited into the Fund and distributed to counties in

Property of OPS News Tracker and members of the Oklahoma Press Association.

The Perkins Journal

Stillwater
Oct
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Property of OPS News Tracker and members of the Oklahoma Press Association.

The Perkins Journal

DECISION 2016
THE JOURNAL, Thursday, October 13, 2016 - A5

SUMMARY OF
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STATEQUESTIONS
Seven state questions will appear on the Nov. 8 general election ballot.
Legislative Referendums are placed on the ballot by the Oklahoma Legislature.
Initiative Petitions are placed on the ballot by gathering signatures from citizens.
Each question is reprinted here as it will appear on the ballot followed by a
brief summary.
Death Penalty

STATEQUESTION
STATE QUESTION NO. 776
LEGISLATIVE REFERENDUM NO. 367



This measure adds a new section to the Oklahoma Constitution, Section 9A of

Article 2. The new Section deals with the death penalty. The Section establishes
State constitutional mandates relating to the death penalty and methods of
execution. Under these constitutional requirements:
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cruel or unusual punishment under Oklahomas Constitution, nor to contravene any
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SUMMARY: State Question 776 does two things: it addresses the

method of execution for an inmate on death row, and it states that the
death penalty shall not be deemed cruel and unusual punishment.
If the proposal is approved, a new section would be added to the
Oklahoma Constitution that allows the state to continue to impose
the death penalty, even if a specific method of execution becomes
unavailable. Death sentences would remain in effect until they can
be carried out by any method not prohibited by the US Constitution.
If approved, the constitutional amendment would apply to the
state constitution but not the federal constitution or courts applying
federal law.
The Oklahoma death penalty law, enacted in 1976, has been
consistently applied by Oklahoma elected officials: the state executed
191 men and three women between 1915 and 2014 at the Oklahoma
State Penitentiary (82 by electrocution, one by hanging, and 111
by lethal injection). Statutes specifically allow gas inhalation,
electrocution, and firing squad as backups to the primary form of
execution by lethal injection.
In October 2015, Oklahoma suspended executions for a review
of lethal injection protocols. One of the drugs most commonly
used for lethal injection is sodium thiopental, which is no
longer manufactured in the United States. In 2011, the European
Commission imposed restrictions on the export of certain drugs
used for lethal injections in the United States.
As a result, many states no longer have the drugs used to carry out
lethal injection. Oklahoma has turned to other drugs as a substitute
for sodium thiopental. However, recent instances of executions
around the country in which alternative drugs were used may have
produced adverse outcomes.
The death penalty is legal in thirty-one states, and illegal in
nineteen.

Agriculture

STATEQUESTION
STATE QUESTION NO. 777
LEGISLATIVE REFERENDUM NO. 368



This measure adds Section 38 to Article II of the Oklahoma Constitution. The new
Section creates state constitutional rights. It creates the following guaranteed rights
to engage in farming and ranching:
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These constitutional rights receive extra protection under this measure that not all
constitutional rights receive. This extra protection is a limit on lawmakers ability
to interfere with the exercise of these rights. Under this extra protection, no law
can interfere with these rights, unless the law is justified by a compelling state
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SUMMARY: If the proposal is approved, the measure would

prevent lawmakers from passing legislation to regulate agriculture
unless there is a compelling state interest. The proposal would
forbid the state of Oklahoma from regulating the use of agricultural
technology, livestock procedures, and ranching practices. The
standard of compelling state interest is a key component to the
question because it sets a very high standard for a law to be judged.
If passed, the proposal would apply to any democratically elected
body that can trace its creation to the state legislature, including
county and city governments, but not school boards. Federal laws
would not be impacted; current state laws about farming and
ranching would be grandfathered in, and would not be repealed by
this amendment. Grandfathered laws could be amended or repealed
in the future.
Similar proposals have been presented to voters in other states,
first in North Dakota. A similar amendment passed in Missouri in
2014; another amendment was considered in Nebraska earlier this
year but was not approved by legislators for a vote of the people.
Oklahomas State Question 777 is inspired in part by opponents of
Proposition 2 in California. Proposition 2 required certain farm
animals to be able to lie down, stand up, fully extend limbs, and turn
around freely. SQ 777 is unique in that it added the compelling state
interest clause.
Oklahomas top agricultural products in revenue are cattle,
hogs, poultry, wheat, and dairy. Agriculture is the states fourteenth
highest economic sector, accounting for less than 2 percent of GDP,
(higher than agricultures national rate). For decades, as technology
and yields have advanced, the number of agricultural jobs and farms
has declined. Nine in ten Oklahoma crop and animal operations
are owned by private citizens, many of whom contract with larger
corporations.

Education Funding Tax

STATEQUESTION
STATE QUESTION NO. 779
INITIATIVE PETITION NO. 403



This measure adds a new Article to the Oklahoma Constitution. The article creates
a limited purpose fund to increase funding for public education. It increases State
sales and use taxes by one cent per dollar to provide revenue for the fund. The
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measure. It requires an annual audit of school districts use of monies. It prohibits
school districts use of these funds for increasing superintendents salaries or
adding superintendent positions. It requires that monies from the fund not supplant
or replace other educational funding. If the Oklahoma Board of Equalization
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SUMMARY: If this proposal is approved, Article 8-C would be

added to the Oklahoma Constitution creating a limited purpose
fundthe Education Improvement Fund.
An increase of the sales and use tax by one cent on the dollar
would provide revenue for the fund. School districts that benefit
from the fund would be subject to an annual audit. Funds
generated by the tax cannot be used to replace other state funding
of common, higher, career and technology, and early childhood
education.
The provisions of the new article require a minimum $5,000
salary increase for teachers over the salaries paid in the year prior
to adoption. The funds generated would not be used to increase
the salaries of school superintendents or to add superintendent
positions.
Oklahomas average compensation for teachers, including salary
and benefits, is $44,921. According to the National Education
Association, Oklahoma ranks 49th in the nation in teacher pay.
A section within the new article to the state constitution
establishes that monies collected would be distributed as follows:
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> 86.33 percent of common education funding would be used
to provide teachers with a minimum $5,000 raise and otherwise
address or prevent teacher and certified instruction staff shortages.
> 13.67 percent of common education funding would be used
to adopt or expand, but not maintain, programs, opportunities
or reforms for improving reading in early grades, improving
high school graduation rates, and increasing college and career
readiness.
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Law Enforcement

STATEQUESTION
STATE QUESTION NO. 780
INITIATIVE PETITION NO. 404

This measure amends existing Oklahoma laws and would change the classification
of certain drug possession and property crimes from felony to misdemeanor.
It would make possession of a limited quantity of drugs a misdemeanor. The
amendment also changes the classification of certain drug possession crimes
which are currently considered felonies and cases where the defendant has a prior
drug possession conviction. The proposed amendment would reclassify these drug
possession cases as misdemeanors. The amendment would increase the threshold
dollar amount used for determining whether certain property crimes are considered
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false declaration of a pawn ticket, embezzlement, larceny, grand larceny, theft,
receiving or concealing stolen property, taking domesticated fish or game, fraud,
forgery, counterfeiting, or issuing bogus checks. This measure would become
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SUMMARY: If the measure is approved, State Question 780

would reclassify certain offenses, such as simple drug possession

and property crimes, as misdemeanors rather than felonies. The
reclassification of the drug possession offense is intended to be applied to persons who use the drugs, not to those who are selling or
manufacturing the drugs. The measure also would change the dollar
amount threshold for property crimes charged as felonies from $500
to $1,000.
The goal of this measure is to reduce the size of the states prison
population and to reduce the amount of state funds being spent on
prisons. SQ 780 proposes to change Oklahoma statutes, not the constitution.
According to the U.S. Bureau of Justice in 2014, Oklahoma had
the second highest incarceration rate in the nation at 700 inmates
per 100,000 U.S. residents. Oklahoma also had the highest incarceration rate for women that year. The total correctional population
of a state includes people incarcerated and on probation or parole.
The Oklahoma Department of Corrections indicated in August
2016 that the prison system was at 104 percent of its capacity with
27,097 inmates being held. Drug offenders comprise 26.3 percent of
inmates. Another 23.3 percent of inmates are imprisoned for other
nonviolent crimes. According to the Oklahoma DOC 2015 annual
report, the Oklahoma prison population has increased by 22.6 percent since 2006. In fiscal year 2016, the Oklahoma legislature appropriated $485 million to the Oklahoma Department of Corrections.
If the measure is approved, the changes proposed would not be
retroactive. Sentences for current inmates would not change.

For more information about State Questions, see the Oklahoma Secretary of State website at
www.sos.ok.gov/gov/state_questions.aspx
or the Oklahoma State Election Board website at
www.ok.gov/elections/Election_Info/State_Question_info.html.

Criminal Rehabilitation

STATEQUESTION
STATE QUESTION NO. 781
INITIATIVE PETITION NO. 405



This measure creates the County Community Safety Investment Fund, only if
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measure would create a fund, consisting of any calculated savings or averted
costs that accrued to the State from the implementation of the Oklahoma Smart
Justice Reform Act in reclassifying certain property crimes and drug possession as
misdemeanors. The measure requires the Office of Management and Enterprise
Services to use either actual data or its best estimate to determine how much
money was saved on a yearly basis. The amount determined to be saved must be
deposited into the Fund and distributed to counties in proportion to their population
to provide community rehabilitative programs, such as mental health and
substance abuse services. This measure will not become effective if State Question

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SUMMARY: The implementation of State Question 781 is contingent

on the passage of State Question 780. If SQ 781 is approved by voters,

but SQ 780 is not, none of the changes described in SQ 781 will be
enacted.
If both measures are approved, SQ 781 would create the County
Community Safety Investment Fund. That fund would hold any cost
savings achieved by reducing numbers of people incarcerateda
decrease resulting from reclassifying certain property crimes and
drug possession as misdemeanors. The new Investment Fund would
be a revolving fund not subject to fiscal year limitations. Any savings
or averted costs would be calculated by the Office of Management
and Enterprise Services.
If savings are determined, the legislature would be required
to appropriate that amount from the general fund to the County
Community Safety Investment Fund.
The money must be used for county rehabilitative programs,
including those that address mental health and substance abuse, or
provide job training or education. The money would be distributed to
Oklahoma counties in proportion to their population.
The Office of Management and Enterprise Services will use
actual data or make its best estimate when calculating cost savings
per year. Its calculation would be final and would not be adjusted
because of subsequent changes in underlying data.
The intent of SQ 781 is to focus on root causes of criminal
behavior such as addiction and mental health problems, as
opposed to placing more people charged with lower-level offenses
behind bars.

Religion & the State

STATEQUESTION
STATE QUESTION NO. 790
LEGISLATIVE REFERENDUM NO. 369



This measure would remove Article 2, Section 5 of the Oklahoma Constitution,

which prohibits the government from using public money or property for the
direct or indirect benefit of any religion or religious institution. Article 2, Section 5
has been interpreted by the Oklahoma courts as requiring the removal of a Ten
Commandments monument from the grounds of the State Capitol. If this measure
repealing Article 2, Section 5 is passed, the government would still be required to
comply with the Establishment Clause of the United States Constitution, which is
a similar constitutional provision that prevents the government from endorsing a
religion or becoming overly involved with religion.



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SUMMARY: State Question 790 addresses public funding and

property use regarding the separation of church and state. It is a

proposal to repeal a section of the states constitution. If the measure
is approved, Article 2, Section 5 of the Oklahoma Constitution
would be repealed. By removing this section, public expenditure
or property use for religious purposes would not be explicitly
prohibited.
Under the First Amendment to the United States Constitution,
congress shall make no law respecting an establishment of religion,
or prohibiting the free exercise thereof.
Under the Oklahoma Constitutions Article 2, Section 5, state
money or property cannot be used directly or indirectly to support
a church, sect, denomination, or system of religion.
This state question is a response to recent controversy over
display of the Ten Commandments monument on the grounds
of the Oklahoma State Capitol. In 2009, the Ten Commandments
Monument Display Act was passed by the state legislature and, three
years later, a privately donated Ten Commandments monument was
erected on the grounds of the State Capitol. Lawsuits followed, and
by June 2015, the Oklahoma Supreme Court ruled the monuments
placement on state property was unconstitutional, ordering that it
be removed. The basis for the courts decision was Article 2, Section
5 of the Oklahoma State Constitution. In October 2015, Oklahoma
Governor Mary Fallin called on the legislature to repeal that section
of the state constitution in order to allow the monument at the State
Capitol.

Alcohol

STATEQUESTION
STATE QUESTION NO. 792
LEGISLATIVE REFERENDUM NO. 370



This measure repeals Article 28 of the Oklahoma Constitution and restructures the
laws governing alcoholic beverages through a new Article 28A and other laws the
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with exceptions, a person or company can have an ownership interest in only one
area of the alcoholic beverage business-manufacturing, wholesaling, or retailing.
Some restrictions apply to the sales of manufacturers, brewers, winemakers, and
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taxes on sales. Municipalities may levy an occupation tax. If authorized, a state
lodge may sell individual alcoholic beverages for on-premises consumption but no
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SUMMARY: If the proposal is approved, it would repeal Article

28 of the Oklahoma Constitution and replace it with Article 28A,

which restructures the laws governing alcohol. If approved, the
measure will go into effect on October 1, 2018.
Currently, under Oklahoma law, liquor stores can sell fullstrength, unrefrigerated beer but cannot sell cold beer or chilled
wine. Liquor stores can sell wine and spirits but no other items.
Grocery and convenience stores can sell cold low-point beer (3.2
percent alcohol by weight) but not spirits, wine, or high-point beer.
State Question 792 would change the current alcohol laws to allow
grocery, convenience, and drug stores to sell cold, high-point beer
(up to 8.99 percent alcohol by volume) and wine (up to 15 percent
alcohol by volume). Liquor stores would be allowed to sell cold
beer and any item that also may be purchased in a grocery store or
convenience storeexcept motor fuelin limited amounts. Liquor
or spirits will still only be available for purchase from licensed retail
liquor stores.

Property of OPS News Tracker and members of the Oklahoma Press Association.

The Ringling Eagle

10

Thursday, October 13, 2016

THE RINGLING EAGLE, Ringling, OK

SUMMARY OF
Oct
13
2016
Page
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STATEQUESTIONS
Seven state questions will appear on the Nov. 8 general election ballot. Legislative
Referendums are placed on the ballot by the Oklahoma Legislature. Initiative Petitions are
placed on the ballot by gathering signatures from citizens. Each question is reprinted here
as it will appear on the ballot followed by a brief summary.
Death Penalty

STATEQUESTION
STATE QUESTION NO. 776
LEGISLATIVE REFERENDUM NO. 367

776

This measure adds a new section to the Oklahoma Constitution, Section 9A of Article 2. The new
Section deals with the death penalty. The Section establishes State constitutional mandates relating
to the death penalty and methods of execution. Under these constitutional requirements:
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the United States Constitution.
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SUMMARY: State Question 776 does two things: it addresses the method of

execution for an inmate on death row, and it states that the death penalty shall
not be deemed cruel and unusual punishment. If the proposal is approved, a
new section would be added to the Oklahoma Constitution that allows the
state to continue to impose the death penalty, even if a specific method of
execution becomes unavailable. Death sentences would remain in effect until
they can be carried out by any method not prohibited by the US Constitution.
If approved, the constitutional amendment would apply to the state
constitution but not the federal constitution or courts applying federal law.
The Oklahoma death penalty law, enacted in 1976, has been consistently
applied by Oklahoma elected officials: the state executed 191 men and
three women between 1915 and 2014 at the Oklahoma State Penitentiary
(82 by electrocution, one by hanging, and 111 by lethal injection). Statutes
specifically allow gas inhalation, electrocution, and firing squad as backups to
the primary form of execution by lethal injection.
In October 2015, Oklahoma suspended executions for a review of lethal
injection protocols. One of the drugs most commonly used for lethal injection
is sodium thiopental, which is no longer manufactured in the United States.
In 2011, the European Commission imposed restrictions on the export of
certain drugs used for lethal injections in the United States.
As a result, many states no longer have the drugs used to carry out lethal
injection. Oklahoma has turned to other drugs as a substitute for sodium
thiopental. However, recent instances of executions around the country in
which alternative drugs were used may have produced adverse outcomes.
The death penalty is legal in thirty-one states, and illegal in nineteen.

Agriculture

STATEQUESTION
STATE QUESTION NO. 777
LEGISLATIVE REFERENDUM NO. 368

777

This measure adds Section 38 to Article II of the Oklahoma Constitution. The new Section creates
state constitutional rights. It creates the following guaranteed rights to engage in farming and
ranching:
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SUMMARY: If the proposal is approved, the measure would prevent

lawmakers from passing legislation to regulate agriculture unless there is a
compelling state interest. The proposal would forbid the state of Oklahoma
from regulating the use of agricultural technology, livestock procedures,
and ranching practices. The standard of compelling state interest is a key
component to the question because it sets a very high standard for a law to
be judged.
If passed, the proposal would apply to any democratically elected body
that can trace its creation to the state legislature, including county and city
governments, but not school boards. Federal laws would not be impacted;
current state laws about farming and ranching would be grandfathered in,
and would not be repealed by this amendment. Grandfathered laws could be
amended or repealed in the future.
Similar proposals have been presented to voters in other states, first in
North Dakota. A similar amendment passed in Missouri in 2014; another
amendment was considered in Nebraska earlier this year but was not approved
by legislators for a vote of the people. Oklahomas State Question 777 is inspired
in part by opponents of Proposition 2 in California. Proposition 2 required
certain farm animals to be able to lie down, stand up, fully extend limbs, and
turn around freely. SQ 777 is unique in that it added the compelling state
interest clause.
Oklahomas top agricultural products in revenue are cattle, hogs, poultry,
wheat, and dairy. Agriculture is the states fourteenth highest economic sector,
accounting for less than 2 percent of GDP, (higher than agricultures national
rate). For decades, as technology and yields have advanced, the number of
agricultural jobs and farms has declined. Nine in ten Oklahoma crop and
animal operations are owned by private citizens, many of whom contract with
larger corporations.

Education Funding Tax

STATEQUESTION
STATE QUESTION NO. 779
INITIATIVE PETITION NO. 403

779

This measure adds a new Article to the Oklahoma Constitution. The article creates a limited
purpose fund to increase funding for public education. It increases State sales and use taxes by one
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in the year prior to adoption of this measure. It requires an annual audit of school districts use of
monies. It prohibits school districts use of these funds for increasing superintendents salaries or
adding superintendent positions. It requires that monies from the fund not supplant or replace other
educational funding. If the Oklahoma Board of Equalization determines funding has been replaced,
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SUMMARY: If this proposal is approved, Article 8-C would be added

to the Oklahoma Constitution creating a limited purpose fundthe
Education Improvement Fund.
An increase of the sales and use tax by one cent on the dollar would
provide revenue for the fund. School districts that benefit from the fund
would be subject to an annual audit. Funds generated by the tax cannot
be used to replace other state funding of common, higher, career and
technology, and early childhood education.
The provisions of the new article require a minimum $5,000 salary
increase for teachers over the salaries paid in the year prior to adoption.
The funds generated would not be used to increase the salaries of school
superintendents or to add superintendent positions.
Oklahomas average compensation for teachers, including salary and
benefits, is $44,921. According to the National Education Association,
Oklahoma ranks 49th in the nation in teacher pay.
A section within the new article to the state constitution establishes
that monies collected would be distributed as follows:
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provide teachers with a minimum $5,000 raise and otherwise address or
prevent teacher and certified instruction staff shortages.
> 13.67 percent of common education funding would be used to
adopt or expand, but not maintain, programs, opportunities or reforms
for improving reading in early grades, improving high school graduation
rates, and increasing college and career readiness.
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Law Enforcement

STATEQUESTION
STATE QUESTION NO. 780
INITIATIVE PETITION NO. 404

780

This measure amends existing Oklahoma laws and would change the classification of certain drug
possession and property crimes from felony to misdemeanor. It would make possession of a limited
quantity of drugs a misdemeanor. The amendment also changes the classification of certain drug
possession crimes which are currently considered felonies and cases where the defendant has a
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cases as misdemeanors. The amendment would increase the threshold dollar amount used for
determining whether certain property crimes are considered a felony or misdemeanor. Currently, the
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SUMMARY: If the measure is approved, State Question 780 would reclassify certain offenses, such as simple drug possession and property crimes, as
misdemeanors rather than felonies. The reclassification of the drug possession offense is intended to be applied to persons who use the drugs, not to
those who are selling or manufacturing the drugs. The measure also would
change the dollar amount threshold for property crimes charged as felonies
from $500 to $1,000.
The goal of this measure is to reduce the size of the states prison population and to reduce the amount of state funds being spent on prisons. SQ 780
proposes to change Oklahoma statutes, not the constitution.
According to the U.S. Bureau of Justice in 2014, Oklahoma had the second
highest incarceration rate in the nation at 700 inmates per 100,000 U.S. residents. Oklahoma also had the highest incarceration rate for women that year.
The total correctional population of a state includes people incarcerated and
on probation or parole.
The Oklahoma Department of Corrections indicated in August 2016 that
the prison system was at 104 percent of its capacity with 27,097 inmates being
held. Drug offenders comprise 26.3 percent of inmates. Another 23.3 percent of inmates are imprisoned for other nonviolent crimes. According to
the Oklahoma DOC 2015 annual report, the Oklahoma prison population
has increased by 22.6 percent since 2006. In fiscal year 2016, the Oklahoma
legislature appropriated $485 million to the Oklahoma Department of Corrections.
If the measure is approved, the changes proposed would not be retroactive.
Sentences for current inmates would not change.

For more information about State Questions, see the Oklahoma Secretary of State website at
www.sos.ok.gov/gov/state_questions.aspx
or the Oklahoma State Election Board website at
www.ok.gov/elections/Election_Info/State_Question_info.html.

Criminal Rehabilitation

STATEQUESTION
STATE QUESTION NO. 781
INITIATIVE PETITION NO. 405

781

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implementation of the Oklahoma Smart Justice Reform Act in reclassifying certain property crimes
and drug possession as misdemeanors. The measure requires the Office of Management and
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SUMMARY: The implementation of State Question 781 is contingent on the

passage of State Question 780. If SQ 781 is approved by voters, but SQ 780 is
not, none of the changes described in SQ 781 will be enacted.
If both measures are approved, SQ 781 would create the County Community
Safety Investment Fund. That fund would hold any cost savings achieved
by reducing numbers of people incarcerateda decrease resulting from
reclassifying certain property crimes and drug possession as misdemeanors.
The new Investment Fund would be a revolving fund not subject to fiscal year
limitations. Any savings or averted costs would be calculated by the Office of
Management and Enterprise Services.
If savings are determined, the legislature would be required to
appropriate that amount from the general fund to the County Community
Safety Investment Fund.
The money must be used for county rehabilitative programs, including
those that address mental health and substance abuse, or provide job training
or education. The money would be distributed to Oklahoma counties in
proportion to their population.
The Office of Management and Enterprise Services will use actual data or
make its best estimate when calculating cost savings per year. Its calculation
would be final and would not be adjusted because of subsequent changes in
underlying data.
The intent of SQ 781 is to focus on root causes of criminal behavior
such as addiction and mental health problems, as opposed to placing more
people charged with lower-level offenses behind bars.

Religion & the State

STATEQUESTION
STATE QUESTION NO. 790
LEGISLATIVE REFERENDUM NO. 369

790

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SUMMARY: State Question 790 addresses public funding and property

use regarding the separation of church and state. It is a proposal to repeal
a section of the states constitution. If the measure is approved, Article 2,
Section 5 of the Oklahoma Constitution would be repealed. By removing this
section, public expenditure or property use for religious purposes would not
be explicitly prohibited.
Under the First Amendment to the United States Constitution, congress
shall make no law respecting an establishment of religion, or prohibiting the
free exercise thereof.
Under the Oklahoma Constitutions Article 2, Section 5, state money
or property cannot be used directly or indirectly to support a church, sect,
denomination, or system of religion.
This state question is a response to recent controversy over display of the
Ten Commandments monument on the grounds of the Oklahoma State
Capitol. In 2009, the Ten Commandments Monument Display Act was
passed by the state legislature and, three years later, a privately donated Ten
Commandments monument was erected on the grounds of the State Capitol.
Lawsuits followed, and by June 2015, the Oklahoma Supreme Court ruled the
monuments placement on state property was unconstitutional, ordering that
it be removed. The basis for the courts decision was Article 2, Section 5 of the
Oklahoma State Constitution. In October 2015, Oklahoma Governor Mary
Fallin called on the legislature to repeal that section of the state constitution
in order to allow the monument at the State Capitol.

Alcohol

STATEQUESTION
STATE QUESTION NO. 792
LEGISLATIVE REFERENDUM NO. 370

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SUMMARY: If the proposal is approved, it would repeal Article 28 of the

Oklahoma Constitution and replace it with Article 28A, which restructures
the laws governing alcohol. If approved, the measure will go into effect on
October 1, 2018.
Currently, under Oklahoma law, liquor stores can sell full-strength,
unrefrigerated beer but cannot sell cold beer or chilled wine. Liquor stores
can sell wine and spirits but no other items. Grocery and convenience stores
can sell cold low-point beer (3.2 percent alcohol by weight) but not spirits,
wine, or high-point beer.
State Question 792 would change the current alcohol laws to allow grocery,
convenience, and drug stores to sell cold, high-point beer (up to 8.99 percent
alcohol by volume) and wine (up to 15 percent alcohol by volume). Liquor
stores would be allowed to sell cold beer and any item that also may be
purchased in a grocery store or convenience storeexcept motor fuelin
limited amounts. Liquor or spirits will still only be available for purchase
from licensed retail liquor stores.

Property of OPS News Tracker and members of the Oklahoma Press Association.

Sulphur Times-Democrat

14A Sulphur (Okla.) Times-Democrat, Thursday, Oct. 13, 2016

LOCAL NEWS

sulphurtimes.com

SUMMARY OF
Oct
13
2016
Page
0014
Clip
resized
26%

STATEQUESTIONS
Seven state questions will appear on the Nov. 8 general election ballot. Legislative
Referendums are placed on the ballot by the Oklahoma Legislature. Initiative
Petitions are placed on the ballot by gathering signatures from citizens. Each
question is reprinted here as it will appear on the ballot followed by a brief summary.
Death Penalty

Education Funding Tax

STATEQUESTION

STATEQUESTION

STATE QUESTION NO. 776

LEGISLATIVE REFERENDUM NO. 367

STATE QUESTION NO. 779

INITIATIVE PETITION NO. 403

This measure adds a new section to the Oklahoma Constitution, Section 9A of Article 2.
The new Section deals with the death penalty. The Section establishes State constitutional
mandates relating to the death penalty and methods of execution. Under these
constitutional requirements:
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unusual punishment under Oklahomas Constitution, nor to contravene any provision of the
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SUMMARY: State Question 776 does two things: it addresses the

method of execution for an inmate on death row, and it states that the
death penalty shall not be deemed cruel and unusual punishment. If the
proposal is approved, a new section would be added to the Oklahoma
Constitution that allows the state to continue to impose the death
penalty, even if a specific method of execution becomes unavailable.
Death sentences would remain in effect until they can be carried out by
any method not prohibited by the US Constitution.
If approved, the constitutional amendment would apply to the state
constitution but not the federal constitution or courts applying federal
law.
The Oklahoma death penalty law, enacted in 1976, has been
consistently applied by Oklahoma elected officials: the state executed
191 men and three women between 1915 and 2014 at the Oklahoma
State Penitentiary (82 by electrocution, one by hanging, and 111 by
lethal injection). Statutes specifically allow gas inhalation, electrocution,
and firing squad as backups to the primary form of execution by lethal
injection.
In October 2015, Oklahoma suspended executions for a review of
lethal injection protocols. One of the drugs most commonly used for
lethal injection is sodium thiopental, which is no longer manufactured
in the United States. In 2011, the European Commission imposed
restrictions on the export of certain drugs used for lethal injections in
the United States.
As a result, many states no longer have the drugs used to carry out
lethal injection. Oklahoma has turned to other drugs as a substitute
for sodium thiopental. However, recent instances of executions around
the country in which alternative drugs were used may have produced
adverse outcomes.
The death penalty is legal in thirty-one states, and illegal in nineteen.

This measure adds a new Article to the Oklahoma Constitution. The article creates a limited
purpose fund to increase funding for public education. It increases State sales and use
taxes by one cent per dollar to provide revenue for the fund. The revenue to be used for
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raise teacher salaries by at least $5,000 over the salaries paid in the year prior to adoption
of this measure. It requires an annual audit of school districts use of monies. It prohibits
school districts use of these funds for increasing superintendents salaries or adding
superintendent positions. It requires that monies from the fund not supplant or replace other
educational funding. If the Oklahoma Board of Equalization determines funding has been
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SUMMARY: If this proposal is approved, Article 8-C would be

added to the Oklahoma Constitution creating a limited purpose
fundthe Education Improvement Fund.
An increase of the sales and use tax by one cent on the dollar
would provide revenue for the fund. School districts that benefit
from the fund would be subject to an annual audit. Funds
generated by the tax cannot be used to replace other state funding
of common, higher, career and technology, and early childhood
education.
The provisions of the new article require a minimum $5,000
salary increase for teachers over the salaries paid in the year prior
to adoption. The funds generated would not be used to increase
the salaries of school superintendents or to add superintendent
positions.
Oklahomas average compensation for teachers, including salary
and benefits, is $44,921. According to the National Education
Association, Oklahoma ranks 49th in the nation in teacher pay.
A section within the new article to the state constitution
establishes that monies collected would be distributed as follows:
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to provide teachers with a minimum $5,000 raise and otherwise
address or prevent teacher and certified instruction staff shortages.
> 13.67 percent of common education funding would be used
to adopt or expand, but not maintain, programs, opportunities
or reforms for improving reading in early grades, improving
high school graduation rates, and increasing college and career
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Agriculture

STATEQUESTION

Law Enforcement

STATE QUESTION NO. 777

LEGISLATIVE REFERENDUM NO. 368

This measure adds Section 38 to Article II of the Oklahoma Constitution. The new Section
creates state constitutional rights. It creates the following guaranteed rights to engage in
farming and ranching:
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These constitutional rights receive extra protection under this measure that not all
constitutional rights receive. This extra protection is a limit on lawmakers ability to interfere
with the exercise of these rights. Under this extra protection, no law can interfere with
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state interest of the highest order. Additionally, the law must be necessary to serve that
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to and do not impact state laws related to:
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SUMMARY: If the proposal is approved, the measure would prevent

lawmakers from passing legislation to regulate agriculture unless there
is a compelling state interest. The proposal would forbid the state of
Oklahoma from regulating the use of agricultural technology, livestock
procedures, and ranching practices. The standard of compelling state
interest is a key component to the question because it sets a very high
standard for a law to be judged.
If passed, the proposal would apply to any democratically elected
body that can trace its creation to the state legislature, including county
and city governments, but not school boards. Federal laws would not
be impacted; current state laws about farming and ranching would
be grandfathered in, and would not be repealed by this amendment.
Grandfathered laws could be amended or repealed in the future.
Similar proposals have been presented to voters in other states, first
in North Dakota. A similar amendment passed in Missouri in 2014;
another amendment was considered in Nebraska earlier this year but
was not approved by legislators for a vote of the people. Oklahomas
State Question 777 is inspired in part by opponents of Proposition 2 in
California. Proposition 2 required certain farm animals to be able to lie
down, stand up, fully extend limbs, and turn around freely. SQ 777 is
unique in that it added the compelling state interest clause.
Oklahomas top agricultural products in revenue are cattle, hogs,
poultry, wheat, and dairy. Agriculture is the states fourteenth highest
economic sector, accounting for less than 2 percent of GDP, (higher
than agricultures national rate). For decades, as technology and yields
have advanced, the number of agricultural jobs and farms has declined.
Nine in ten Oklahoma crop and animal operations are owned by private
citizens, many of whom contract with larger corporations.

STATEQUESTION
STATE QUESTION NO. 780
INITIATIVE PETITION NO. 404

This measure amends existing Oklahoma laws and would change the classification of
certain drug possession and property crimes from felony to misdemeanor. It would make
possession of a limited quantity of drugs a misdemeanor. The amendment also changes
the classification of certain drug possession crimes which are currently considered
felonies and cases where the defendant has a prior drug possession conviction. The
proposed amendment would reclassify these drug possession cases as misdemeanors.
The amendment would increase the threshold dollar amount used for determining whether
certain property crimes are considered a felony or misdemeanor. Currently, the threshold
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by this change include; false declaration of a pawn ticket, embezzlement, larceny, grand
larceny, theft, receiving or concealing stolen property, taking domesticated fish or game,
fraud, forgery, counterfeiting, or issuing bogus checks. This measure would become
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SUMMARY: If the measure is approved, State Question 780 would re-

classify certain offenses, such as simple drug possession and property

crimes, as misdemeanors rather than felonies. The reclassification of
the drug possession offense is intended to be applied to persons who
use the drugs, not to those who are selling or manufacturing the drugs.
The measure also would change the dollar amount threshold for property crimes charged as felonies from $500 to $1,000.
The goal of this measure is to reduce the size of the states prison
population and to reduce the amount of state funds being spent on
prisons. SQ 780 proposes to change Oklahoma statutes, not the constitution.
According to the U.S. Bureau of Justice in 2014, Oklahoma had
the second highest incarceration rate in the nation at 700 inmates per
100,000 U.S. residents. Oklahoma also had the highest incarceration
rate for women that year. The total correctional population of a state
includes people incarcerated and on probation or parole.
The Oklahoma Department of Corrections indicated in August
2016 that the prison system was at 104 percent of its capacity with
27,097 inmates being held. Drug offenders comprise 26.3 percent of inmates. Another 23.3 percent of inmates are imprisoned for other nonviolent crimes. According to the Oklahoma DOC 2015 annual report,
the Oklahoma prison population has increased by 22.6 percent since
2006. In fiscal year 2016, the Oklahoma legislature appropriated $485
million to the Oklahoma Department of Corrections.
If the measure is approved, the changes proposed would not be retroactive. Sentences for current inmates would not change.

For more information about State Questions, see the Oklahoma Secretary of State website at
www.sos.ok.gov/gov/state_questions.aspx
or the Oklahoma State Election Board website at
www.ok.gov/elections/Election_Info/State_Question_info.html.

Criminal Rehabilitation

STATEQUESTION
STATE QUESTION NO. 781
INITIATIVE PETITION NO. 405

This measure creates the County Community Safety Investment Fund, only if voters
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create a fund, consisting of any calculated savings or averted costs that accrued to the
State from the implementation of the Oklahoma Smart Justice Reform Act in reclassifying
certain property crimes and drug possession as misdemeanors. The measure requires the
Office of Management and Enterprise Services to use either actual data or its best estimate
to determine how much money was saved on a yearly basis. The amount determined
to be saved must be deposited into the Fund and distributed to counties in proportion to
their population to provide community rehabilitative programs, such as mental health and
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SUMMARY: The implementation of State Question 781 is contingent

on the passage of State Question 780. If SQ 781 is approved by voters, but
SQ 780 is not, none of the changes described in SQ 781 will be enacted.
If both measures are approved, SQ 781 would create the County
Community Safety Investment Fund. That fund would hold any cost
savings achieved by reducing numbers of people incarcerateda
decrease resulting from reclassifying certain property crimes and drug
possession as misdemeanors. The new Investment Fund would be a
revolving fund not subject to fiscal year limitations. Any savings or
averted costs would be calculated by the Office of Management and
Enterprise Services.
If savings are determined, the legislature would be required
to appropriate that amount from the general fund to the County
Community Safety Investment Fund.
The money must be used for county rehabilitative programs, including
those that address mental health and substance abuse, or provide job
training or education. The money would be distributed to Oklahoma
counties in proportion to their population.
The Office of Management and Enterprise Services will use actual
data or make its best estimate when calculating cost savings per year.
Its calculation would be final and would not be adjusted because of
subsequent changes in underlying data.
The intent of SQ 781 is to focus on root causes of criminal behavior
such as addiction and mental health problems, as opposed to placing
more people charged with lower-level offenses behind bars.

Religion & the State

STATEQUESTION
STATE QUESTION NO. 790
LEGISLATIVE REFERENDUM NO. 369

This measure would remove Article 2, Section 5 of the Oklahoma Constitution, which
prohibits the government from using public money or property for the direct or indirect
benefit of any religion or religious institution. Article 2, Section 5 has been interpreted by the
Oklahoma courts as requiring the removal of a Ten Commandments monument from the
grounds of the State Capitol. If this measure repealing Article 2, Section 5 is passed, the
government would still be required to comply with the Establishment Clause of the United
States Constitution, which is a similar constitutional provision that prevents the government
from endorsing a religion or becoming overly involved with religion.


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SUMMARY: State Question 790 addresses public funding and property

use regarding the separation of church and state. It is a proposal to

repeal a section of the states constitution. If the measure is approved,
Article 2, Section 5 of the Oklahoma Constitution would be repealed.
By removing this section, public expenditure or property use for
religious purposes would not be explicitly prohibited.
Under the First Amendment to the United States Constitution,
congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof.
Under the Oklahoma Constitutions Article 2, Section 5, state money
or property cannot be used directly or indirectly to support a church,
sect, denomination, or system of religion.
This state question is a response to recent controversy over display
of the Ten Commandments monument on the grounds of the
Oklahoma State Capitol. In 2009, the Ten Commandments Monument
Display Act was passed by the state legislature and, three years later, a
privately donated Ten Commandments monument was erected on the
grounds of the State Capitol. Lawsuits followed, and by June 2015, the
Oklahoma Supreme Court ruled the monuments placement on state
property was unconstitutional, ordering that it be removed. The basis
for the courts decision was Article 2, Section 5 of the Oklahoma State
Constitution. In October 2015, Oklahoma Governor Mary Fallin called
on the legislature to repeal that section of the state constitution in order
to allow the monument at the State Capitol.

Alcohol

STATEQUESTION
STATE QUESTION NO. 792
LEGISLATIVE REFERENDUM NO. 370

This measure repeals Article 28 of the Oklahoma Constitution and restructures the laws
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will create if the measure passes. The new Article 28A provides that with exceptions,
a person or company can have an ownership interest in only one area of the alcoholic
beverage business-manufacturing, wholesaling, or retailing. Some restrictions apply to
the sales of manufacturers, brewers, winemakers, and wholesalers. Subject to limitations,
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liquor stores, and places serving alcoholic beverages and may create other licenses.
Certain licensees must meet residency requirements. Felons cannot be licensees. The
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may impose taxes on sales. Municipalities may levy an occupation tax. If authorized, a state
lodge may sell individual alcoholic beverages for on-premises consumption but no other
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SUMMARY: If the proposal is approved, it would repeal Article 28

of the Oklahoma Constitution and replace it with Article 28A, which
restructures the laws governing alcohol. If approved, the measure will
go into effect on October 1, 2018.
Currently, under Oklahoma law, liquor stores can sell full-strength,
unrefrigerated beer but cannot sell cold beer or chilled wine. Liquor
stores can sell wine and spirits but no other items. Grocery and
convenience stores can sell cold low-point beer (3.2 percent alcohol by
weight) but not spirits, wine, or high-point beer.
State Question 792 would change the current alcohol laws to allow
grocery, convenience, and drug stores to sell cold, high-point beer (up
to 8.99 percent alcohol by volume) and wine (up to 15 percent alcohol
by volume). Liquor stores would be allowed to sell cold beer and any
item that also may be purchased in a grocery store or convenience
storeexcept motor fuelin limited amounts. Liquor or spirits will
still only be available for purchase from licensed retail liquor stores.

Property of OPS News Tracker and members of the Oklahoma Press Association.

The Newcastle Pacer

SUMMARY OF

STATEQUESTIONS
Oct
13
2016
Page
A004
Clip
resized
41%

Seven state questions will appear on the Nov. 8 general election ballot. Legislative
Referendums are placed on the ballot by the Oklahoma Legislature. Initiative
Petitions are placed on the ballot by gathering signatures from citizens. Each
question is reprinted here as it will appear on the ballot followed by a brief summary.
Death Penalty

STATEQUESTION
STATE QUESTION NO. 776
LEGISLATIVE REFERENDUM NO. 367

776

This measure adds a new section to the Oklahoma Constitution, Section 9A of Article 2.
The new Section deals with the death penalty. The Section establishes State constitutional
mandates relating to the death penalty and methods of execution. Under these
constitutional requirements:
The Legislature is expressly empowered to designate any method of execution not
prohibited by the United States Constitution.
Death sentences shall not be reduced because a method of execution is ruled to be
invalid.
When an execution method is declared invalid, the death penalty imposed shall remain
in force until it can be carried out using any valid execution method, and
The imposition of a death penalty under Oklahoma lawas distinguished from a
method of executionshall not be deemed to be or constitute the infliction of cruel or
unusual punishment under Oklahomas Constitution, nor to contravene any provision of the
Oklahoma Constitution.
FOR THE PROPOSAL YES
AGAINST THE PROPOSAL NO

SUMMARY: State Question 776 does two things: it addresses the

method of execution for an inmate on death row, and it states that the
death penalty shall not be deemed cruel and unusual punishment. If the
proposal is approved, a new section would be added to the Oklahoma
Constitution that allows the state to continue to impose the death
penalty, even if a specific method of execution becomes unavailable.
Death sentences would remain in effect until they can be carried out by
any method not prohibited by the US Constitution.
If approved, the constitutional amendment would apply to the state
constitution but not the federal constitution or courts applying federal
law.
The Oklahoma death penalty law, enacted in 1976, has been
consistently applied by Oklahoma elected officials: the state executed
191 men and three women between 1915 and 2014 at the Oklahoma
State Penitentiary (82 by electrocution, one by hanging, and 111 by
lethal injection). Statutes specifically allow gas inhalation, electrocution,
and firing squad as backups to the primary form of execution by lethal
injection.
In October 2015, Oklahoma suspended executions for a review of
lethal injection protocols. One of the drugs most commonly used for
lethal injection is sodium thiopental, which is no longer manufactured
in the United States. In 2011, the European Commission imposed
restrictions on the export of certain drugs used for lethal injections in
the United States.
As a result, many states no longer have the drugs used to carry out
lethal injection. Oklahoma has turned to other drugs as a substitute
for sodium thiopental. However, recent instances of executions around
the country in which alternative drugs were used may have produced
adverse outcomes.
The death penalty is legal in thirty-one states, and illegal in nineteen.

Agriculture

STATEQUESTION
STATE QUESTION NO. 777
LEGISLATIVE REFERENDUM NO. 368

777

This measure adds Section 38 to Article II of the Oklahoma Constitution. The new Section
creates state constitutional rights. It creates the following guaranteed rights to engage in
farming and ranching:
The right to make use of agricultural technology,
The right to make use of livestock procedures, and
The right to make use of ranching practices.
These constitutional rights receive extra protection under this measure that not all
constitutional rights receive. This extra protection is a limit on lawmakers ability to interfere
with the exercise of these rights. Under this extra protection, no law can interfere with
these rights, unless the law is justified by a compelling state interesta clearly identified
state interest of the highest order. Additionally, the law must be necessary to serve that
compelling state interest. The measureand the protections identified abovedo not apply
to and do not impact state laws related to:
Trespass,
Eminent domain,
Dominance of mineral interests,
Easements,
Right of way or other property rights, and
Any state statutes and political subdivision ordinances enacted before December 31,
2014.
FOR THE PROPOSAL YES
AGAINST THE PROPOSAL NO

SUMMARY: If the proposal is approved, the measure would prevent

lawmakers from passing legislation to regulate agriculture unless there

is a compelling state interest. The proposal would forbid the state of
Oklahoma from regulating the use of agricultural technology, livestock
procedures, and ranching practices. The standard of compelling state
interest is a key component to the question because it sets a very high
standard for a law to be judged.
If passed, the proposal would apply to any democratically elected
body that can trace its creation to the state legislature, including county
and city governments, but not school boards. Federal laws would not
be impacted; current state laws about farming and ranching would
be grandfathered in, and would not be repealed by this amendment.
Grandfathered laws could be amended or repealed in the future.
Similar proposals have been presented to voters in other states, first
in North Dakota. A similar amendment passed in Missouri in 2014;
another amendment was considered in Nebraska earlier this year but
was not approved by legislators for a vote of the people. Oklahomas
State Question 777 is inspired in part by opponents of Proposition 2 in
California. Proposition 2 required certain farm animals to be able to lie
down, stand up, fully extend limbs, and turn around freely. SQ 777 is
unique in that it added the compelling state interest clause.
Oklahomas top agricultural products in revenue are cattle, hogs,
poultry, wheat, and dairy. Agriculture is the states fourteenth highest
economic sector, accounting for less than 2 percent of GDP, (higher
than agricultures national rate). For decades, as technology and yields
have advanced, the number of agricultural jobs and farms has declined.
Nine in ten Oklahoma crop and animal operations are owned by private
citizens, many of whom contract with larger corporations.

Education Funding Tax

STATEQUESTION
STATE QUESTION NO. 779
INITIATIVE PETITION NO. 403

779

This measure adds a new Article to the Oklahoma Constitution. The article creates a limited
purpose fund to increase funding for public education. It increases State sales and use
taxes by one cent per dollar to provide revenue for the fund. The revenue to be used for
public education shall be allocated: 69.50% for common school districts, 19.25% for the
institutions under the authority of the Oklahoma State Regents for Higher Education, 3.25%
for the Oklahoma Department of Career and Technology Education, and 8% for the State
Department of Education. It requires teacher salary increases funded by this measure
raise teacher salaries by at least $5,000 over the salaries paid in the year prior to adoption
of this measure. It requires an annual audit of school districts use of monies. It prohibits
school districts use of these funds for increasing superintendents salaries or adding
superintendent positions. It requires that monies from the fund not supplant or replace other
educational funding. If the Oklahoma Board of Equalization determines funding has been
replaced, the Legislature may not make any appropriations until the amount of replaced
funding is returned to the fund. The article takes effect on July 1 after its passage.
FOR THE PROPOSAL YES
AGAINST THE PROPOSAL NO

SUMMARY: If this proposal is approved, Article 8-C would be

added to the Oklahoma Constitution creating a limited purpose

fundthe Education Improvement Fund.
An increase of the sales and use tax by one cent on the dollar
would provide revenue for the fund. School districts that benefit
from the fund would be subject to an annual audit. Funds
generated by the tax cannot be used to replace other state funding
of common, higher, career and technology, and early childhood
education.
The provisions of the new article require a minimum $5,000
salary increase for teachers over the salaries paid in the year prior
to adoption. The funds generated would not be used to increase
the salaries of school superintendents or to add superintendent
positions.
Oklahomas average compensation for teachers, including salary
and benefits, is $44,921. According to the National Education
Association, Oklahoma ranks 49th in the nation in teacher pay.
A section within the new article to the state constitution
establishes that monies collected would be distributed as follows:
69.5 percent to common education
> 86.33 percent of common education funding would be used
to provide teachers with a minimum $5,000 raise and otherwise
address or prevent teacher and certified instruction staff shortages.
> 13.67 percent of common education funding would be used
to adopt or expand, but not maintain, programs, opportunities
or reforms for improving reading in early grades, improving
high school graduation rates, and increasing college and career
readiness.
19.25 percent to higher education
3.25 percent to career and technology education
8 percent to early childhood education

Law Enforcement

STATEQUESTION
STATE QUESTION NO. 780
INITIATIVE PETITION NO. 404

780

This measure amends existing Oklahoma laws and would change the classification of
certain drug possession and property crimes from felony to misdemeanor. It would make
possession of a limited quantity of drugs a misdemeanor. The amendment also changes
the classification of certain drug possession crimes which are currently considered
felonies and cases where the defendant has a prior drug possession conviction. The
proposed amendment would reclassify these drug possession cases as misdemeanors.
The amendment would increase the threshold dollar amount used for determining whether
certain property crimes are considered a felony or misdemeanor. Currently, the threshold
is $500. The amendment would increase the amount to $1000. Property crimes covered
by this change include; false declaration of a pawn ticket, embezzlement, larceny, grand
larceny, theft, receiving or concealing stolen property, taking domesticated fish or game,
fraud, forgery, counterfeiting, or issuing bogus checks. This measure would become
effective July 1, 2017.
FOR THE PROPOSAL YES
AGAINST THE PROPOSAL NO

SUMMARY: If the measure is approved, State Question 780 would re-

classify certain offenses, such as simple drug possession and property

crimes, as misdemeanors rather than felonies. The reclassification of
the drug possession offense is intended to be applied to persons who
use the drugs, not to those who are selling or manufacturing the drugs.
The measure also would change the dollar amount threshold for property crimes charged as felonies from $500 to $1,000.
The goal of this measure is to reduce the size of the states prison
population and to reduce the amount of state funds being spent on
prisons. SQ 780 proposes to change Oklahoma statutes, not the constitution.
According to the U.S. Bureau of Justice in 2014, Oklahoma had
the second highest incarceration rate in the nation at 700 inmates per
100,000 U.S. residents. Oklahoma also had the highest incarceration
rate for women that year. The total correctional population of a state
includes people incarcerated and on probation or parole.
The Oklahoma Department of Corrections indicated in August
2016 that the prison system was at 104 percent of its capacity with
27,097 inmates being held. Drug offenders comprise 26.3 percent of inmates. Another 23.3 percent of inmates are imprisoned for other nonviolent crimes. According to the Oklahoma DOC 2015 annual report,
the Oklahoma prison population has increased by 22.6 percent since
2006. In fiscal year 2016, the Oklahoma legislature appropriated $485
million to the Oklahoma Department of Corrections.
If the measure is approved, the changes proposed would not be retroactive. Sentences for current inmates would not change.

For more information about State Questions, see the Oklahoma Secretary of State website at
www.sos.ok.gov/gov/state_questions.aspx
or the Oklahoma State Election Board website at
www.ok.gov/elections/Election_Info/State_Question_info.html.

Criminal Rehabilitation

STATEQUESTION
STATE QUESTION NO. 781
INITIATIVE PETITION NO. 405

781

This measure creates the County Community Safety Investment Fund, only if voters
approve State Question 780, the Oklahoma Smart Justice Reform Act. This measure would
create a fund, consisting of any calculated savings or averted costs that accrued to the
State from the implementation of the Oklahoma Smart Justice Reform Act in reclassifying
certain property crimes and drug possession as misdemeanors. The measure requires the
Office of Management and Enterprise Services to use either actual data or its best estimate
to determine how much money was saved on a yearly basis. The amount determined
to be saved must be deposited into the Fund and distributed to counties in proportion to
their population to provide community rehabilitative programs, such as mental health and
substance abuse services. This measure will not become effective if State Question 780,
the Oklahoma Smart Justice Reform Act, is not approved by the people. The measure will
become effective on July 1 immediately following its passage.
FOR THE PROPOSAL YES
AGAINST THE PROPOSAL NO

SUMMARY: The implementation of State Question 781 is contingent

on the passage of State Question 780. If SQ 781 is approved by voters, but

SQ 780 is not, none of the changes described in SQ 781 will be enacted.
If both measures are approved, SQ 781 would create the County
Community Safety Investment Fund. That fund would hold any cost
savings achieved by reducing numbers of people incarcerateda
decrease resulting from reclassifying certain property crimes and drug
possession as misdemeanors. The new Investment Fund would be a
revolving fund not subject to fiscal year limitations. Any savings or
averted costs would be calculated by the Office of Management and
Enterprise Services.
If savings are determined, the legislature would be required
to appropriate that amount from the general fund to the County
Community Safety Investment Fund.
The money must be used for county rehabilitative programs, including
those that address mental health and substance abuse, or provide job
training or education. The money would be distributed to Oklahoma
counties in proportion to their population.
The Office of Management and Enterprise Services will use actual
data or make its best estimate when calculating cost savings per year.
Its calculation would be final and would not be adjusted because of
subsequent changes in underlying data.
The intent of SQ 781 is to focus on root causes of criminal behavior
such as addiction and mental health problems, as opposed to placing
more people charged with lower-level offenses behind bars.

Religion & the State

STATEQUESTION
STATE QUESTION NO. 790
LEGISLATIVE REFERENDUM NO. 369

790

This measure would remove Article 2, Section 5 of the Oklahoma Constitution, which
prohibits the government from using public money or property for the direct or indirect
benefit of any religion or religious institution. Article 2, Section 5 has been interpreted by the
Oklahoma courts as requiring the removal of a Ten Commandments monument from the
grounds of the State Capitol. If this measure repealing Article 2, Section 5 is passed, the
government would still be required to comply with the Establishment Clause of the United
States Constitution, which is a similar constitutional provision that prevents the government
from endorsing a religion or becoming overly involved with religion.
FOR THE PROPOSAL YES
AGAINST THE PROPOSAL NO

SUMMARY: State Question 790 addresses public funding and property

use regarding the separation of church and state. It is a proposal to
repeal a section of the states constitution. If the measure is approved,
Article 2, Section 5 of the Oklahoma Constitution would be repealed.
By removing this section, public expenditure or property use for
religious purposes would not be explicitly prohibited.
Under the First Amendment to the United States Constitution,
congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof.
Under the Oklahoma Constitutions Article 2, Section 5, state money
or property cannot be used directly or indirectly to support a church,
sect, denomination, or system of religion.
This state question is a response to recent controversy over display
of the Ten Commandments monument on the grounds of the
Oklahoma State Capitol. In 2009, the Ten Commandments Monument
Display Act was passed by the state legislature and, three years later, a
privately donated Ten Commandments monument was erected on the
grounds of the State Capitol. Lawsuits followed, and by June 2015, the
Oklahoma Supreme Court ruled the monuments placement on state
property was unconstitutional, ordering that it be removed. The basis
for the courts decision was Article 2, Section 5 of the Oklahoma State
Constitution. In October 2015, Oklahoma Governor Mary Fallin called
on the legislature to repeal that section of the state constitution in order
to allow the monument at the State Capitol.

Alcohol

STATEQUESTION
STATE QUESTION NO. 792
LEGISLATIVE REFERENDUM NO. 370

792

This measure repeals Article 28 of the Oklahoma Constitution and restructures the laws
governing alcoholic beverages through a new Article 28A and other laws the Legislature
will create if the measure passes. The new Article 28A provides that with exceptions,
a person or company can have an ownership interest in only one area of the alcoholic
beverage business-manufacturing, wholesaling, or retailing. Some restrictions apply to
the sales of manufacturers, brewers, winemakers, and wholesalers. Subject to limitations,
the Legislature may authorize direct shipments to consumers of wine. Retail locations like
grocery stores may sell wine and beer. Liquor stores may sell products other than alcoholic
beverages in limited amounts. The Legislature must create licenses for retail locations,
liquor stores, and places serving alcoholic beverages and may create other licenses.
Certain licensees must meet residency requirements. Felons cannot be licensees. The
Legislature must designate days and hours when alcoholic beverages may be sold and
may impose taxes on sales. Municipalities may levy an occupation tax. If authorized, a state
lodge may sell individual alcoholic beverages for on-premises consumption but no other
state involvement in the alcoholic beverage business is allowed. With one exception, the
measure will take effect October 1, 2018.
FOR THE PROPOSAL YES
AGAINST THE PROPOSAL NO

SUMMARY: If the proposal is approved, it would repeal Article 28

of the Oklahoma Constitution and replace it with Article 28A, which

restructures the laws governing alcohol. If approved, the measure will
go into effect on October 1, 2018.
Currently, under Oklahoma law, liquor stores can sell full-strength,
unrefrigerated beer but cannot sell cold beer or chilled wine. Liquor
stores can sell wine and spirits but no other items. Grocery and
convenience stores can sell cold low-point beer (3.2 percent alcohol by
weight) but not spirits, wine, or high-point beer.
State Question 792 would change the current alcohol laws to allow
grocery, convenience, and drug stores to sell cold, high-point beer (up
to 8.99 percent alcohol by volume) and wine (up to 15 percent alcohol
by volume). Liquor stores would be allowed to sell cold beer and any
item that also may be purchased in a grocery store or convenience
storeexcept motor fuelin limited amounts. Liquor or spirits will
still only be available for purchase from licensed retail liquor stores.

Property of OPS News Tracker and members of the Oklahoma Press Association.

Taloga Times-Advocate

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2016
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Taloga Times Advocate

be deemed cruel and unusual

punishment. If the proposal
Seven state questions will not prohibited by the United is approved, a new section
would be added to the OklaStates
Constitution.
appear on the Nov. 8 gen 'HDWK VHQWHQFHV VKDOO homa Constitution that allows
eral election ballot. Legislative
Referendums are placed on not be reduced because a the state to continue to impose
the ballot by the Oklahoma method of execution is ruled the death penalty, even if a
VSHFLF PHWKRG RI H[HFXWLRQ
Legislature. Initiative Peti- to be invalid.
:KHQDQH[HFXWLRQPHWK- EHFRPHV XQDYDLODEOH 'HDWK
tions are placed on the ballot
sentences would remain in
od
is
declared
invalid,
the
by gathering signatures from
citizens. Each question is re- death penalty imposed shall HHFWXQWLOWKH\FDQEHFDUULHG
printed here as it will appear remain in force until it can be out by any method not prohibon the ballot followed by a carried out using any valid ited by the US Constitution.
If approved, the constiexecution method, and
brief summary.
7KHLPSRVLWLRQRIDGHDWK tutional amendment would
Death Penalty
apply
to the state constitution
penalty
under
Oklahoma
STATE QUESTION 776
lawas distinguished from but not the federal constituSTATE QUESTION
a method of executionshall tion or courts applying federal
NO. 776
not be deemed to be or con- law.
LEGISLATIVE
The Oklahoma death penVWLWXWH WKH LQLFWLRQ RI FUXHO
REFERENDUM NO. 367
This measure adds a new or unusual punishment under alty law, enacted in 1976, has
been
consistently applied by
Oklahomas
Constitution,
nor
section to the Oklahoma Constitution, Section 9A of Article to contravene any provision of Oklahoma elected officials:
the state executed 191 men
2. The new Section deals with the Oklahoma Constitution.
FOR THE PROPOSAL and three women between
the death penalty. The Section
1915 and 2014 at the Oklaestablishes State constitutional YES
AGAINST THE PROPOS- homa State Penitentiary (82 by
mandates relating to the death
electrocution, one by hanging,
AL

NO
penalty and methods of execuSUMMARY: State Ques- and 111 by lethal injection).
tion. Under these constitution 776 does two things: 6WDWXWHVVSHFLFDOO\DOORZJDV
tional requirements:
 7KH /HJLVODWXUH LV H[- it addresses the method of inhalation, electrocution, and
pressly empowered to desig- execution for an inmate on ULQJVTXDGDVEDFNXSVWRWKH
nate any method of execution death row, and it states that primary form of execution by
the death penalty shall not lethal injection.
In October 2015, Oklahoma
Published in the Taloga Times-Advocate October 6, 13 and 20, 2016
suspended executions for a
IN THE DISTRICT COURT OF DEWEY COUNTY, OKLAHOMA
review of lethal injection proCOURTHOUSE, TALOGA, OKLAHOMA
Sarah Brackins and,
)
tocols. One of the drugs most
Mary Anderson
)
commonly used for lethal
Plaintiffs,
)
injection is sodium thiopental,
YV 

&DVH12&9
which is no longer manufacMary J. Schroeder a/k/a
)
tured in the United States. In
Mary S. Schroeder, deceased,
)
and the Heirs, Successors, Assigns, Trustees, )
2011, the European CommisKnown and Unknown, Immediate and Remote, )
sion imposed restrictions on
Defendants.
)
the export of certain drugs
NOTICE BY PUBLICATION

these rights, unless the law is

MXVWLHGE\DFRPSHOOLQJVWDWH
LQWHUHVWD FOHDUO\ LGHQWLHG
state interest of the highest
order. Additionally, the law
must be necessary to serve
that compelling state interest.
The measureand the protecWLRQVLGHQWLHGDERYHGRQRW
apply to and do not impact
state laws related to:
 7UHVSDVV
 (PLQHQWGRPDLQ
 'RPLQDQFH RI PLQHUDO
interests,
 (DVHPHQWV
 5LJKW RI ZD\ RU RWKHU
property rights, and
 $Q\VWDWHVWDWXWHVDQG
political subdivision ordiQDQFHVHQDFWHGEHIRUH'HFHPber 31, 2014.
FOR THE PROPOSAL
YES
AGAINST THE PROPOSAL NO
SUMMARY: If the proposal is approved, the measure
would prevent lawmakers
from passing legislation to
regulate agriculture unless
there is a compelling state
interest. The proposal would
forbid the state of Oklahoma
from regulating the use of
agricultural technology, livestock procedures, and ranching practices. The standard of
compelling state interest is
a key component to the question because it sets a very
high standard for a law to be
judged.
If passed, the proposal
would apply to any democratically
elected body that
STATE OF OKLAHOMA
)
can trace its creation to the
) SS
Published in the Taloga Times-Advocate October 6 and 13, 2016
COUNTY OF DEWEY
)
state legislature, including
IN THE DISTRICT COURT OF DEWEY COUNTY
TO: Mary J. Schroeder a/k/a Mary S. Schroeder, deceased, and the
STATE OF OKLAHOMA
county and city governments,
Heirs, Successors, Assigns, Trustees, Known and Unknown, Immediate In the Matter of the Estate of
) Case No. PB-2016-15 but not school boards. Federal
and Remote.
CARL McDONALD, a/k/a Carl Dean McDonald, )
laws would not be impacted;
GREETINGS:
Deceased.
)
current state laws about farm<RXDQGHDFKRI\RXDUHQRWLHGWKDW\RXKDYHEHHQVXHGLQWKH'LVWULFW
NOTICE OF HEARING SETTLEMENT OF FINAL ACCOUNT,
Court of Dewey County, State of Oklahoma, in cause number CV-2016ing and ranching would be
PETITION FOR DISTRIBUTION OF ESTATE AND DISCHARGE
 ZKHUHLQ 6DUDK %UDFNLQV DQG 0DU\$QGHUVRQ DUH 3ODLQWLIIV DQG WKH
COMES NOW Bonnie McDonald, Personal Representative of the Estate grandfathered in, and would
heirs, personal representatives, devisees, trustees, and assigns of Mary RI&DUO0F'RQDOGDND&DUO'HDQ0F'RQDOG'HFHDVHGKDYLQJOHGLQWKH
not be repealed by this amendJ. Schroeder a/k/a Mary S. Schroeder, Deceased, et al., are Defendants, District Court of Dewey County, Oklahoma, a Final Account and reporting
and that Plaintiffs allege that they are the owners of and in possession of of her administration of said Estate, and a Petition for hearing thereof, and ment. Grandfathered laws
could be amended or repealed
the following described property, to-wit:
for distribution of the property of said Estate, and for discharge.
Oil, Gas and other Mineral Interest lying in and under :
NOTICE IS FURTHER GIVEN that the 7th day of November, 2016, at in the future.
The East Half of Section 32, Township 18 North, Range 18 WIM, Dewey RFORFNDPRIVDLGGD\DWWKH'LVWULFW&RXUWURRPDWWKH'HZH\&RXQW\
Similar proposals have been
County, Oklahoma.
&RXUWKRXVHLQ7DORJDLQVDLG&RXQW\DQG6WDWHLVKHUHE\[HGDVWKHWLPH presented to voters in other
7KDW\RXWKHVDLG'HIHQGDQWVDUHIXOO\QRWLHGWKDWXQOHVV\RXDQVZHU and place for hearing said account and said Petition, when and where all
VDLGSHWLWLRQRI3ODLQWLIIVOHGKHUHLQDJDLQVW\RXRQRUEHIRUHWKHWKGD\ persons interested may appear and show cause, if any they have, why VWDWHV UVW LQ 1RUWK 'DNRWD
of November, 2016, the allegations of said petition will be taken as true said account should not be settled and allowed, and said Estate distributed A similar amendment passed
DQGDGHFUHHTXLHWLQJ3ODLQWLIIVWLWOHWRWKHDERYHGHVFULEHGSURSHUW\ZLOO and said Personal Representative discharged.
in Missouri in 2014; another
be entered against each of you, the said Defendants.
DATED this 26th day of September, 2016.
amendment was considered
WITNESS my hand this 28th day of September, 2016.
/s/ Rick Bozarth
in Nebraska earlier this year
/s/ Rachelle Rogers
Rick Bozarth
but was not approved by
Rachelle Rogers, Court Clerk
Associate District Judge
legislators for a vote of the
'DYLG/0RVEXUJ2%$
Bryce Hodgden, OBA #4253
Strong & Mosburg, P.C.
people. Oklahomas State
HODGDEN LAW FIRM, PLLC
Attorney for Plaintiffs
32%R[
Question 777 is inspired in
32%R[
Woodward, OK 73802
part by opponents of Proposi-

Summary of State Questions

Taloga, OK 73667
(580) 328-5581

LPXLP

used for lethal injections in the

United States.
As a result, many states no
longer have the drugs used
to carry out lethal injection.
Oklahoma has turned to other
drugs as a substitute for sodium thiopental. However,
recent instances of executions
around the country in which
alternative drugs were used
may have produced adverse
outcomes.
The death penalty is legal in
thirty-one states, and illegal in
nineteen.
Agriculture
STATE QUESTION 777
STATE QUESTION
NO. 777
LEGISLATIVE
REFERENDUM NO. 368
This measure adds Section
38 to Article II of the Oklahoma Constitution. The new
Section creates state constitutional rights. It creates the
following guaranteed rights
to engage in farming and
ranching:
 7KH ULJKW WR PDNH XVH
of agricultural technology,
 7KH ULJKW WR PDNH XVH
of livestock procedures, and
 7KH ULJKW WR PDNH XVH
of ranching practices.
These constitutional rights
receive extra protection under
this measure that not all constitutional rights receive. This
extra protection is a limit on
lawmakers ability to interfere with the exercise of these
rights. Under this extra protection, no law can interfere with

(580) 256-5517
Attorneys for Personal Representative

(continued on following page)

Property of OPS News Tracker and members of the Oklahoma Press Association.

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(continued from page 7)

and mental health problems,

as opposed to placing more
SHRSOH FKDUJHG ZLWK ORZHU
OHYHORHQVHVEHKLQGEDUV
Religion & the State STATE
QUESTION 790
STATE QUESTION
NO. 790
LEGISLATIVE
REFERENDUM NO. 369
7KLV PHDVXUH ZRXOG UHmove Article 2, Section 5 of
the Oklahoma Constitution,
ZKLFK SURKLELWV WKH JRYHUQment from using public money or property for the direct or
LQGLUHFWEHQHWRIDQ\UHOLJLRQ
or religious institution. Article
2, Section 5 has been interpreted by the Oklahoma courts
as requiring the removal of a
Ten Commandments monument from the grounds of the
State Capitol. If this measure
repealing Article 2, Section
5 is passed, the government
ZRXOGVWLOOEHUHTXLUHGWRFRPSO\ ZLWK WKH (VWDEOLVKPHQW
Clause of the United States
&RQVWLWXWLRQZKLFKLVDVLPLlar constitutional provision
that prevents the government
from endorsing a religion or
becoming overly involved
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SUMMARY: State Question
790 addresses public funding
and property use regarding the separation of church
and state. It is a proposal to
repeal a section of the states
constitution. If the measure is
approved, Article 2, Section
5 of the Oklahoma ConstituWLRQ ZRXOG EH UHSHDOHG %\
removing this section, public
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Under the First Amendment to the United States
Constitution, congress shall
PDNH QR ODZ UHVSHFWLQJ DQ
establishment of religion, or
SURKLELWLQJ WKH IUHH H[HUFLVH
thereof.
Under the Oklahoma Constitutions Article 2, Section
5, state money or property
cannot be used directly or
indirectly to support a church,
sect, denomination, or system
of religion.
This state question is a response to recent controversy

over display of the Ten Commandments monument on

the grounds of the Oklahoma
State Capitol. In 2009, the
Ten Commandments MonuPHQW'LVSOD\$FWZDVSDVVHG
by the state legislature and,
three years later, a privately
donated Ten Commandments
PRQXPHQWZDVHUHFWHGRQWKH
grounds of the State Capitol.
/DZVXLWV IROORZHG DQG E\
June 2015, the Oklahoma
Supreme Court ruled the
monuments placement on
VWDWH SURSHUW\ ZDV XQFRQVWLtutional, ordering that it be
removed. The basis for the
FRXUWV GHFLVLRQ ZDV$UWLFOH
2, Section 5 of the Oklahoma
State Constitution. In October
2015, Oklahoma Governor
Mary Fallin called on the legislature to repeal that section of
the state constitution in order
WRDOORZWKHPRQXPHQWDWWKH
State Capitol.
Alcohol
STATE QUESTION 792
STATE QUESTION
NO. 792
LEGISLATIVE
REFERENDUM NO. 370
This measure repeals Article 28 of the Oklahoma Constitution and restructures the
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interest in only one area of the
alcoholic beverage businessPDQXIDFWXULQJ ZKROHVDOLQJ
or retailing. Some restrictions
apply to the sales of manufacWXUHUVEUHZHUVZLQHPDNHUV
DQG ZKROHVDOHUV 6XEMHFW WR
limitations, the Legislature
may authorize direct shipPHQWVWRFRQVXPHUVRIZLQH
Retail locations like grocery
VWRUHV PD\ VHOO ZLQH DQG
beer. Liquor stores may sell
products other than alcoholic
beverages in limited amounts.
The Legislature must create
licenses for retail locations,
liquor stores, and places serving alcoholic beverages and
may create other licenses.
Certain licensees must meet
residency requirements. Felons cannot be licensees. The
Legislature must designate
GD\VDQGKRXUVZKHQDOFRKROic beverages may be sold and
PD\ LPSRVH WD[HV RQ VDOHV

Municipalities may levy an

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a state lodge may sell individual alcoholic beverages for on2
premises consumption but no
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alcoholic beverage business is
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October 1, 2018.
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SUMMARY: If the propos- o
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Article 28 of the Oklahoma
Constitution and replace it in
ZLWK$UWLFOH $ ZKLFK UH- so
VWUXFWXUHV WKH ODZV JRYHUQing alcohol. If approved, the
PHDVXUHZLOOJRLQWRHHFWRQ
October 1, 2018.
Currently, under Oklahoma
ODZOLTXRUVWRUHVFDQVHOOIXOO
strength, unrefrigerated beer
but cannot sell cold beer or
FKLOOHG ZLQH /LTXRU VWRUHV
FDQ VHOO ZLQH DQG VSLULWV EXW
no other items. Grocery and
convenience stores can sell cold
ORZSRLQW EHHU  SHUFHQW
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6WDWH 4XHVWLRQ  ZRXOG
change the current alcohol
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percent alcohol by volume).
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any item that also may be
purchased in a grocery store
RU FRQYHQLHQFH VWRUHH[cept motor fuelin limited
amounts. Liquor or spirits
ZLOOVWLOORQO\EHDYDLODEOHIRU
purchase from licensed retail
liquor stores.

Taloga
TimesAdvocate
Deadline
5:00 p.m. Monday
Email articles and
ads to: talogatimes@
talogatv.com

Property of OPS News Tracker and members of the Oklahoma Press Association.

Woods County Enterprise

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LETTER TO THE EDITOR

I am a small family rancher. I
ERXJKW P\ UVW TXDUWHU RI ODQG MXVW
after my senior year in high school.
I love my family, my land, and of
course my cattle. Cattle are my passion, the reason I get out of bed in
the morning. My goal is to keep my
FRZVKHDOWK\QRWMXVWIRUDSURWEXW
so
consumers can enjoy healthy and
delicious beef. Ranching is not a job
its a lifestyle. My job is not glamorous to most, from dawn to dusk and
beyond. That being said, its my job
and I love it!
Please help us preserve the land
that we love and have loved since
we were young.
SQ777. ...Would provide protection from regulations that could
interfere with the way that farmers
and ranchers do business. Today,
the average person is 3 generations
removed from the family farm. The

amendment will ensure that only reasonable, science-based regulations

are placed on farmers and ranchers. I
DPFRQGHQWLQP\DELOLW\WRFDUHIRU
the land and my animals...Im not
FRQGHQWLQODZPDNHUVZKRDUHIDU
removed from agriculture to make
business decisions for me. Are you?
Please vote YES on State Question
777
Sincerely,
Ken Eggleston

Property of OPS News Tracker and members of the Oklahoma Press Association.

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