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The Valliant Leader

The Valliant Leader - October 26, 2016 - 7

SUMMARY OF STATE QUESTIONS

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Death Penalty
STATE QUESTION 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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execution not prohibited by the United States Constitution.
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is ruled to be invalid.
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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 ODZDV GLVWLQJXLVKHGIURPDPHWKRGRIH[HFXWLRQVKDOOQRWEHGHHPHGWREHRU
FRQVWLWXWHWKHLQLFWLRQRIFUXHORUXQXVXDOSXQLVKPHQWXQGHU2NODKRmas 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
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executed 191 men and three women between 1915 and 2014 at
the Oklahoma State Penitentiary (82 by electrocution, one by
KDQJLQJDQGE\OHWKDOLQMHFWLRQ6WDWXWHVVSHFLFDOO\DOORZJDVLQKDODWLRQHOHFWURFXWLRQDQGULQJVTXDGDVEDFNXSV
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
STATE QUESTION 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
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FOHDUO\LGHQWLHGVWDWHLQWHUHVWRIWKHKLJKHVWRUGHU$GGLWLRQDOO\WKH
law must be necessary to serve that compelling state interest. The
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do not impact state laws related to:
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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
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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,
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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
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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
DJULFXOWXUDOMREVDQGIDUPVKDVGHFOLQHG1LQHLQWHQ2NODKRma crop and animal operations are owned by private citizens,
many of whom contract with larger corporations.

lar to provide revenue for the fund. The revenue to be used for public
HGXFDWLRQ VKDOO EH DOORFDWHG  IRU FRPPRQ VFKRRO GLVWULFWV
IRUWKHLQVWLWXWLRQVXQGHUWKHDXWKRULW\RIWKH2NODKRPD6WDWH
5HJHQWVIRU+LJKHU(GXFDWLRQIRUWKH2NODKRPD'HSDUWPHQW
RI&DUHHUDQG7HFKQRORJ\(GXFDWLRQDQGIRUWKH6WDWH'HSDUWPHQW RI (GXFDWLRQ ,W UHTXLUHV WHDFKHU VDODU\ LQFUHDVHV IXQGHG E\
WKLVPHDVXUHUDLVHWHDFKHUVDODULHVE\DWOHDVWRYHUWKHVDOaries 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 OklaKRPD%RDUGRI(TXDOL]DWLRQGHWHUPLQHVIXQGLQJKDVEHHQUHSODFHG
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replaced funding is returned to the fund. The article takes effect on
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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 benHWIURPWKHIXQGZRXOGEHVXEMHFWWRDQDQQXDODXGLW)XQGV
generated by the tax cannot be used to replace other state funding of common, higher, career and technology, and early childhood education.
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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 salDU\DQGEHQHWVLV$FFRUGLQJWRWKH1DWLRQDO(GXFDtion 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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shortages.
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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
STATE QUESTION 780
INITIATIVE PETITION NO. 404
This measure amends existing Oklahoma laws and would change the
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felony to misdemeanor. It would make possession of a limited quantity
RIGUXJVDPLVGHPHDQRU7KHDPHQGPHQWDOVRFKDQJHVWKHFODVVLFDtion 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,
WKHWKUHVKROGLV7KHDPHQGPHQWZRXOGLQFUHDVHWKHDPRXQWWR
3URSHUW\FULPHVFRYHUHGE\WKLVFKDQJHLQFOXGHIDOVHGHFODUDWLRQRIDSDZQWLFNHWHPEH]]OHPHQWODUFHQ\JUDQGODUFHQ\WKHIW
UHFHLYLQJRUFRQFHDOLQJVWROHQSURSHUW\WDNLQJGRPHVWLFDWHGVKRU
game, fraud, forgery, counterfeiting, or issuing bogus checks. This
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FOR THE PROPOSAL YES
AGAINST THE PROPOSAL NO

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 feloQLHV7KHUHFODVVLFDWLRQRIWKHGUXJSRVVHVVLRQRIIHQVHLVLQtended 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
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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
ZLWKLQPDWHVEHLQJKHOG'UXJRIIHQGHUVFRPSULVH
SHUFHQWRILQPDWHV$QRWKHUSHUFHQWRILQPDWHVDUHLPSULVoned for other nonviolent crimes. According to the Oklahoma
DOC 2015 annual report, the Oklahoma prison population has
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2NODKRPDOHJLVODWXUHDSSURSULDWHGPLOOLRQWRWKH2NODhoma Department of Corrections.
If the measure is approved, the changes proposed would not be
retroactive. Sentences for current inmates would not change.
Criminal Rehabilitation
STATE QUESTION 781
INITIATIVE PETITION NO. 405

This measure creates the County Community Safety Investment Fund,

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calculated savings or averted costs that accrued to the State from the
LPSOHPHQWDWLRQRIWKH2NODKRPD6PDUW-XVWLFH5HIRUP$FWLQUHFODVsifying certain property crimes and drug possession as misdemeanRUV7KHPHDVXUHUHTXLUHVWKH2IFHRI0DQDJHPHQWDQG(QWHUSULVH
Services to use either actual data or its best estimate to determine
how much money was saved on a yearly basis. The amount determined to be saved must be deposited into the Fund and distributed
Education Funding Tax
to counties in proportion to their population to provide community
STATE QUESTION 779
rehabilitative programs, such as mental health and substance abuse
INITIATIVE PETITION NO. 403
This measure adds a new Article to the Oklahoma Constitution. The VHUYLFHV7KLVPHDVXUHZLOOQRWEHFRPHHIIHFWLYHLI6WDWH4XHVWLRQ
article creates a limited purpose fund to increase funding for public WKH2NODKRPD6PDUW-XVWLFH5HIRUP$FWLVQRWDSSURYHGE\WKHSHReducation. It increases State sales and use taxes by one cent per dol- SOH7KHPHDVXUHZLOOEHFRPHHIIHFWLYHRQ-XO\LPPHGLDWHO\IROORZing 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
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EHFDOFXODWHGE\WKH2IFHRI0DQDJHPHQWDQG(QWHUSULVH6HUvices.
,IVDYLQJVDUHGHWHUPLQHGWKHOHJLVODWXUHZRXOGEHUHTXLUHGWR
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.
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actual data or make its best estimate when calculating cost savLQJVSHU\HDU,WVFDOFXODWLRQZRXOGEHQDODQGZRXOGQRWEH
DGMXVWHGEHFDXVHRIVXEVHTXHQWFKDQJHVLQXQGHUO\LQJGDWD
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
STATE QUESTION 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
SURSHUW\IRUWKHGLUHFWRULQGLUHFWEHQHWRIDQ\UHOLJLRQRUUHOLJLRXV
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
FRPSO\ ZLWK WKH (VWDEOLVKPHQW &ODXVH RI WKH 8QLWHG 6WDWHV &RQVWLtution, 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.
7KLVVWDWHTXHVWLRQLVDUHVSRQVHWRUHFHQWFRQWURYHUV\RYHUGLVplay of the Ten Commandments monument on the grounds of
the Oklahoma State Capitol. In 2009, the Ten Commandments
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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
&RQVWLWXWLRQ,Q2FWREHU2NODKRPD*RYHUQRU0DU\)DOlin called on the legislature to repeal that section of the state
constitution in order to allow the monument at the State Capitol.
Alcohol
STATE QUESTION 792
LEGISLATIVE REFERENDUM NO. 370
This measure repeals Article 28 of the Oklahoma Constitution and
restructures the laws governing alcoholic beverages through a new
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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, winePDNHUVDQGZKROHVDOHUV6XEMHFWWROLPLWDWLRQVWKH/HJLVODWXUHPD\
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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 licensHHV7KH/HJLVODWXUHPXVWGHVLJQDWHGD\VDQGKRXUVZKHQDOFRKROLF
EHYHUDJHVPD\EHVROGDQGPD\LPSRVHWD[HVRQVDOHV0XQLFLSDOLWLHV
PD\OHY\DQRFFXSDWLRQWD[,IDXWKRUL]HGDVWDWHORGJHPD\VHOOLQGLvidual alcoholic beverages for on-premises consumption but no other
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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.
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strength, unrefrigerated beer but cannot sell cold beer or chilled
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Grocery and convenience stores can sell cold low-point beer
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point beer.
State Question 792 would change the current alcohol laws to
allow grocery, convenience, and drug stores to sell cold, highpoint beer (up to 8.99 percent alcohol by volume) and wine
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allowed to sell cold beer and any item that also may be purchased in a grocery store or convenience storeexcept motor
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cy

Woodward News

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My name is Sue Selman and I live on a centennial ranch in Harper County. I love Oklahoma and our
western lifestyle, which includes farming and
ranching. At the same time I am aware that our rural
way of life has been challenged by radical groups
like the Humane Society of the United States, PETA
and others.
With this in mind, I want to address the issue of
State Question 777, which will supposedly protect
us from these groups. I feel the need to discus this
because I am adamantly opposed to 777. I have
farming and ranching friends and neighbors that I
love and respect, and I want them to understand my
position on this very important state question.
First, lets look at the wording of S.Q. 777. It
says to protect agriculture as a vital sector of
Oklahomas economy, which provides food, energy,
health benefits and security and is the foundation
and stabilizing force of Oklahomas economy, the
rights of citizens and lawful residents of Oklahoma
to engage in farming and ranching practices shall be
forever guaranteed in this state.
All of us who farm or ranch love such strong,
emotional language. My son and I raise cattle, so
obviously we want farming and ranching to flourish
for years to come. This is cleverly written and definitely appealing to people of the soil.
Its a heart-warming sentiment, and theres nothing wrong with any of whats been said thus far. Its
the last sentence thats the real problem. The concluding sentence changes a positive message into
something that I feel could become a long-term
nightmare for rural Oklahomans.
The conclusion says the Legislature shall pass
no law which abridges the right of citizens and lawful residents of Oklahoma to employ agricultural
technology and livestock production and ranching
practices without a compelling state interest. This
grants protection to not only small farming and
ranching interests, but also to huge international
corporations that rarely play fair when it comes to
protecting Oklahomas soil, air and water.
Essentially, why should we give any industry freedom from the laws needed to regulate it?
There is a great deal of controversy concerning
who actually wrote S.Q. 777, because there is similar language in bills introduced in other states.
Many suspect all these similar bills were authored
by the American Legislative Exchange Council, a
group funded by big corporations including
Monsanto. At this point, whats most important is
the consequences our state could suffer if 777
should pass.
Its my belief that S.Q. 777 is cleverly written,
and that only lawyers will be able to ascertain the
potential consequences. Among the most controversial language in 777 is the phrase compelling state
interest. Gary Buckner, senior vice-president at
Oklahomas Farm Bureau has said publicly that he
wishes that language was not in the legislation. To
quote Ron Suttles, formerly of the Oklahoma
Department of Wildlife and now board chair of the
Conservation Coalition of Oklahoma, 777 would
prohibit the people of Oklahoma from regulating a
single industry: corporate agriculture. No other

industry has a constitutional exemption from legislative oversight.

Ive seen the power of international corporations
and felt the wrath of lawyers with seemingly limitless budgets. Were a rural state, a place where bluecollar folks still work the land much like their parents and grandparents did. In the eyes of corporate
agriculture, that makes us naive, susceptible to gimmicky language and open to self-serving laws --- or
the lack thereof ---a vacuum that allow corporations
to operate with impunity.
Remember: S.Q.777 isnt just a new law! This is
an amendment to our state constitution, another
maneuver that displays the deviousness of the
authors. Once embedded in the constitution, it will
be almost impossible to change. The compelling
state interest clause would give the agricultural
industry the constitutional freedom to operate as
they please, regulated only if they are found in violations of someones constitutional rights. If an individual has an issue with a problematic agriculture
operation, they would be forced to plead their case
before the Oklahoma Supreme Court, most likely at
great expense. In addition, if the defendant is a big
corporation with millions of dollars to spend, then
an average citizen of this state would not stand a
chance.
If you follow the money to determine who stands
to benefit the most from S.Q. 777, the answer is
always big corporate agriculture. International corporate interests have the funds to lobby both locally and in Washington, D.C., so just because a state
senator promotes 777 doesnt mean it is actually
good for small ranchers and farmers.
I personally want family agricultural operations
protected from radical legislation introduced by
groups that cant comprehend what we do or why
we do it. And I deplore the fact that ranching and
farming comes under attack from simple-minded
radicals who cant understand that sound agricultural practices result in a stronger nation. Therefore
please give me better, more specific legislation and
I will fight for it.
In Oklahoma our rural areas still maintain a quality of life that other states have lost forever. We
have beautiful sunsets and breathable air, creeks
with clean water and fish for grandkids to catch.
Our cows eat good grass and our ponds can double
as old-fashioned swimming holes. We can drink
coffee on the back porch and listen to quail whistle
or watch deer make their way through the dew. And
if somebody tries to destroy that quality of life, we
can still fight to block their efforts, either legislatively or in court. But if 777 passes, all well be able
to do is watch. Watch the creeks turn to poison.
Watch the birds die off. Thats not the Oklahoma I
want to leave to my grandchildren. Lets continue to
farm and ranch with a conscience, be good neighbors and leave something sustainable for the future.
Farming and ranching tends to look a lot different
from a corporate boardroom than it does from a
pickup truck or a tractor. Those folks live for their
quarterly dividends. Those of us with roots in
Oklahoma still live for the land, and the blessings it
bestows.

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

Elected Officials

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Tulsa Beacon

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Tulsa Beacon

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...Jeopardize

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

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Tulsa Beacon

Trump

Lankford

Dahm

Rader

Newhouse

Brumbaugh

McEachin

McDugle

McKay

Ritze

Strohm

Tulsa Beacon endorsements for November 8th

President
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U.S. Senator - Sen. James Lankford
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Oklahoma Senate
District 25 Republican Joe Newhouse
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District 33 Republican Nathan Dahm
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District 35 Republican Gary Stanislawski
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District 37 Republican Dan Newberry
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District 39 Republican Dave Rader
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District 12 Republican Kevin McDugle
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District 69 Republican Chuck Strohm
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Tulsa County
Tulsa County
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District 9 - Eric McCray
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State Questions
State Question 776 Vote yes
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Property of OPS News Tracker and members of the Oklahoma Press Association.

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The Westville Reporter

with an instrument, you have to

Lots of interest in this election

Oct
27
2016

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By Janelle Stecklein
Most election years the League of
Women Voters calls around to build
interest in voter-registration drives.
This year something unexpected
happened. Churches, colleges, high
schools and civic groups didnt have
to be asked, and called to schedule
the events, said Sheila Swearingen,
state president of the league, a nonpartisan group focused on voter registration and participation.
Of course theres more interest,
she said. I also hear people saying
theyre ready for it to be over,
frankly.
Swearingen said the league and its
chapters were involved in nearly 100
voter registration drives through
Oct. 14, which was the last day to
sign up to vote ahead of the Nov. 8
election.
They havent been the only ones
busy preparing for the election.
State officials say the states voter
rolls have swelled due to a divisive
presidential contest, state legislative
races and a plethora of ballot questions on topics such as education
funding, criminal justice reform and
farming.
Voter data show every county has
notched growth in the number of
voter registrations since the start of
the year.
Overall the state added 146,250 new
names to its voter rolls, bringing the
overall tally to nearly 2.13 million.
Bryan Dean, spokesman for the
Election Board, said voter numbers
jump every four years as the public
focuses on presidential races.
Its not really out of the realm of
where weve been in previous presidential years, he said.
The tally is also shy of the 2.18 million who registered for the 2008 election.
Dean said Oklahomans calling his
office complain they want more options for president. The state does
not allow write-in candidates.
The presidential race is what
everybody talks about, one way or
another, he said. Theres just a lot
of interest in the presidential race.
Swearingen said the uptick in voter
interest is an encouraging sign in a
state that often ranks toward the bottom in both registration and the actual number of voters who show up
at the polls.
And the presidential race, though
garnering most of the headlines, is
not drawing the interest of every
would-be voter.
In some cases, it repels them.
Actually, the presidential election
made it harder to get people to register this year, said Sandra Forman,

president of Cameron Universitys

Student Advocates for Political Action.
Her group held voter registration
drives on the Lawton campus on
five days this year. They registered a
little more than 100 students, said
Forman, a junior criminal science
major from Cache.
The group had similar drives last
year, and interest was high as candidates were duking it out ahead of
the Democratic and Republican presidential primaries. Nearly 200 students registered at the time.
With the choices now narrowed to
Democrat Hillary Clinton and Republican Donald Trump, Forman
said students are expressing skepticism about voting at all.
This year was kind of like selling
stuff, she said. All the stuff theyre
seeing on the media is not wanting
to make people go out and vote.
Forman said she tries to persuade
students that, no matter what they
think about the presidential election,
the outcome of ballot questions will
affect them.
Its hard because a lot of people are
unaware of the state questions, she
said.
Forman said her peers have been interested in learning more about
criminal justice reform, and the proposed penny sales tax to fund
teacher salaries, early childhood education and higher education.
The League of Women Voters has
noticed voters focused on the state
questions, as well.
They may have strong opinions on
one side or the other, Swearingen
said.
Younger voters, she said, are especially attuned to a question that
would allow convenience and grocery stores to sell wine and strong,
cold beer, and that allows liquor
stores to sell strong, cold beer and
other prohibited items, such as mixers and limes.
Other voters are showing interest in
the so-called Right to Farm measure, as well as two questions about
criminal justice reform.
The farming measure would make it
difficult for lawmakers to adopt new
agricultural regulations.
The criminal justice questions seek
to reclassify certain crimes, such as
property crimes, from felonies to
misdemeanors while creating a fund
for rehabilitation programs.
Still, Swearingen worries that people might register but ultimately decide to stay home on Election Day.
It doesnt do any good to have
people register and stay away from
the polls, she said.

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

Vinita Daily Journal

Page 11 - Vinita (Okla.) DAILY JOURNAL, Friday, October 28, 2016

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

Education Funding Tax

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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cruel or unusual punishment under Oklahomas Constitution, nor to contravene any
provision of the Oklahoma Constitution.

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: 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.

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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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 Ofce 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 benet 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



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 justied 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.



Law Enforcement

STATEQUESTION
STATE QUESTION NO. 780
INITIATIVE PETITION NO. 404

This measure amends existing Oklahoma laws and would change the classication
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 classication 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 sh 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.

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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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.

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

Woodward News

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Le t t er to t h e Ed i tor
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For over fifty years my family has owned farm

land in Woodward County, and a recent trip to the
local USDA office on business led me to begin
researching State Question 777. (The USDA offers
no formal opinion, but has materials available on the
front counter to read).
The television ads you see about the right to farm
showing a family strolling across their beautiful land,
presumably a small family farm, into the stunning
Oklahoma sunset are misleading. In fact, a careful
look at SQ 777, and the history of other such bills in
other states, will show that these families and farms
are the most likely to be harmed by the bill. SQ777
is introduced and written to benefit out-of-state (many
are foreign) large corporate industrial factories I
am not sure they can even be called farms in the traditional sense that those of us who grew up in western Oklahoma would recognize. Voters should be
very concerned to add a constitutional amendment in
which the ballot title states that a compelling state
interest must exist of the highest order for the people of Oklahoma to later regulate corporate agriculture in any way. Please consider who will have the
monetary resources to address unintended consequences the small Oklahoma farmer, or a corporate
entity who may have never even been to Oklahoma?
Think about it - what other industry has a constitutional exemption from regulation or oversight?
SQ777 attempts to give non-Oklahoman corporate
agriculture leeway that longtime small to medium
farms will not ever have if the people vote this in.
I would like to address another factor that I believe
is misconstrued. That the Humane Society of the
United States opposes SQ777 seems to scare people.
Full disclosure here - I do support the welfare of animals, ranging from homeless cats and dogs to the
livestock that have grazed my family Woodward land
for decades before sent to market. As a supporter I
am quite sure that the HSUS wants to see farm animals cared for by Oklahomans in the long time traditional way eating pasture grass and cared for by the
actual farmers who own them. This is why the HSUS
opposes SQ777 and anyone who loves the rural heritage of farming and ranching here should too.
Oklahomans right to protect our own farms, our
water, air and animals should be kept for rural
Oklahomans to guide, not corporate boardroom entities who will not care what becomes of our heritage.
Voters beware that the right to farm bill is a wolf in
sheeps clothing if there ever was one. Please VOTE
NO on SQ777 in order to protect Oklahoma farming
and ranching.
Kelly Bush
Woodward OK

G uest Editorials

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Woodward News

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Le t t er to t h e Ed i tor

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As a northwest Oklahoma farmer and rancher, no

one understands the need for protecting farmers and
ranchers more than I do. Thats why youll see me,
my family, friends and neighbors at our polling places
November 8 proudly voting yes in favor of State
Question 777, Oklahomas Right to Farm.
SQ 777 is a proposed amendment to the Oklahoma
Constitution that will protect farming and ranching
practices for Oklahoma farmers and ranchers, both
large and small. This measure is the result of state legislation that was overwhelmingly approved in the
Oklahoma House and Senate before being sent to the
people for a vote. Copious research, expertise, revision and collaboration led to the ultimate question
well see on the ballot.
SQ 777 is well written and specific in its scope. Its
language was generated in response to input from
family farmers and ranchers statewide, addressing
their concerns about the future of Oklahomas food
supply. Suggestions from nay-sayers that large, outside entities influenced this transparent, democratically-driven process are not only misinformed on the
issues but are often intentionally misleading and
influenced by radical, out-of-state special interest
groups.
Right to Farm may have been inspired by farmers
and ranchers, but its designed to protect all
Oklahomans in concert with other, existing laws. For
example, Oklahoma has some of the strictest corporate farm laws in the country, which also will remain
in place after SQ 777 passes.
Yet another layer of protection is built into SQ 777
which enables the state to intervene in agricultural
practices if there is a compelling state interest.
Furthermore, State Attorney General Scott Pruitt
recently confirmed publicly that SQ 777 will not
affect Oklahomas current water protection laws in
any way.
When we say farmers and ranchers, its important to remember who were talking about. After all,
98 percent of Oklahomas farms and ranches are family-owned. This movement isnt being driven
bymultinational corporations or outside interest
groups, but rather real people the same Oklahomans
we go to church with or who live down the road. They
work the same land and drink the same water. No one
is more invested in the health of our natural resources.
One of the goals that propelled SQ 777 from the
beginning is protecting farmers so they can employ
technology and modern best practices to deliver an
affordable, high-quality local food supply. The agricultural industry is unique because we provide the
food on peoples tables, the clothes people wear;
everyone is directly impacted by farming and ranching on a daily basis. Farmers and ranchers dont take
this responsibility lightly.
Every major agricultural organization, including
Oklahoma Farm Bureau, Oklahoma Cattlemens
Association, Oklahoma Pork Council and Oklahoma
Farmers Care Coalition supports SQ 777. Theres a
reason experts in this field have come together to
advocate whole-heartedly for this measure.
Right to Farm is right for Oklahomans. Join me in
voting YES on SQ 777.
Alan Jett is a northwest Oklahoma farmer and
rancher. He serves on the Oklahoma Farm Bureau
board of directors.

Le t t er Policy

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