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The Pawnee Chief

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Henryetta Free-Lance

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Watonga Republican

Oklahoma Voters Set to Decide on Seven State


Questions when they Head to the Polls this November
OKLAHOMA CITY (AP)
Oklahoma voters will
decide seven separate state
questions when they head to
the voting booths on Nov. 8,
including a major overhaul
of the state's laws regulating
alcohol sales, many of which
haven't been updated since
the Prohibition era.
Four state questions dealing with alcohol sales, farming and ranching restrictions,
the death penalty and the use
of public funds for religious
purposes all were placed on
the ballot as a result of resolutions passed by the
Legislature.
Three others were the
result of signature drives:
one to increase the sales tax
by 1 percent to fund public
education and teacher pay
raises and two designed to
slow prison growth by
reducing penalties for drug
possession and property
crimes and investing money
into community treatment
programs.
The most money being
spent so far on television
advertising is aimed at two
proposed
constitutional
amendments: State Question
792, which most notably
would allow for the sale of
strong, cold beer in grocery
and convenience stores
beginning in 2018, and State
Question 777, which would
require state and local gov-

ernments to meet a "compelling state interest" standard to issue new regulations


on agriculture and livestock
production.
Data released last week by
the Center for Public
Integrity shows of the nearly
$3 million spent so far to air
3,819 television ads on state
questions, more than $1.1
million was spent in support
of SQ 792. Another
$754,000 was spent on nearly 1,200 ads either supporting or opposing SQ 777. The
figures cover spending
through Monday and don't
include ads that aired on
cable television, radio or
online.
SQ 792 is supported by a
broad coalition that includes
both large chain and independent grocery and convenience stores, breweries,
wineries and chambers of
commerce.
"We regularly have customers who come in looking
for cold, regular-strength
beer or wine," said Marc
Jones, chief executive officer
for HAC Inc., the parent
company of Homeland
Grocery Stores. "We can't
offer those products now.
But if State Question 792
passes, we can provide additional choices and convenience to customers."
But the proposal is being
bitterly fought by retail liquor

store owners, who say it will


result in the closure of hundreds of package stores
across the state.
"A lot of the restrictions
on package stores remain in
place for us and are lifted for
grocery and convenience
stores," said Bryan Kerr, the
owner of Moore Liquor and
the president of the Retail
Liquor
Association
of
Oklahoma, which represents
about 680 package stores
across the state. "Retail
package stores are just going
to be out in the wilderness
figuring out how they're
going to survive."
Battle lines also have been
drawn over SQ 777 between
agriculture and livestock
groups that support it and a
coalition in opposition that
includes
environmental
groups, cities and towns,
Native American tribes and
animal rights groups.
Farmers and ranchers who
support the proposal say
they mostly want to protect
their operations from animal
rights groups that want to
impose restrictions on agricultural practices, like mandating cages for egg-laying
hens be a certain size, said
Roy Lee Lindsey, executive
director of the Oklahoma
Pork Council.
"From an agricultural perspective, that's the concern
we have long term," Lindsey

said.
But placing such a high
standard "a compelling
state interest" in
Oklahoma's
Constitution
imposes a major burden on
future efforts to regulate any
farming or ranching activity,
even if those activities were
harmful to the environment,
said former Oklahoma
Attorney General Drew
Edmondson, who chairs an
opposition group called the
Oklahoma
Stewardship
Council.
"My biggest concern is the
protection of our water,"
Edmondson said. "The regulations that were in place
before 2015 are supposed to
be undisturbed, but I'm worried about new processes,
new chemicals, new pesticides or herbicides ... and our
ability to address those."
State Question 790 deletes
a section of the Oklahoma
Constitution that prohibits
the use of state money or
property from supporting a
church or religion. The proposal was passed by
Republican lawmakers upset
over a court decision that
forced the removal of a Ten
Commandments monument
from the statehouse grounds.
State
Question
776,
backed by a pair of pro-death
penalty lawmakers following
a botched lethal injection,
would enshrine the death

penalty in the Oklahoma


Constitution. Supporters say
it would make it more difficult for the courts or future
Oklahoma legislatures to
eliminate the death penalty,
but opponents say it is completely unnecessary since the
death penalty will remain on
the books even if voters

Mount Calvary Lutheran Church

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reject it.
"I don't trust the government to regulate shoelaces,
why would I trust them with
the power to kill their own
citizens," said Marven
Goodman, chairman of the
Republican Liberty Caucus.

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Bartlesville Examiner-Enterprise

LETTER TO THE EDITOR

LWV opposes
SQ 777
The League of Women
Voters which usually takes no position
on state questions and
NEVER on parties or
politicians, felt slighted
that we didnt even make
the radicals list of SQ
777 opponents.
Our local group joins
the League of Women
Voters of Oklahoma, the
Five Civilized Tribes,
cities of Norman,
Edmond, Afton, Tulsa,
Tahlequah and Oklahoma City plus the
Oklahoma Municipal
League, Oklahoma

Council of Churches,
Conservation Coalition of Oklahoma, and
Association of Central
Oklahoma Governments,
plus many other groups
to oppose SQ 777.
The local League supports OK farmers and
believes their freedom to
farm is already protected. Unfortunately,
SQ777s so called protections actually strip all
citizens of the ability to
well protect their rural
homes and leaves towns
and cities vulnerable
to the encroachments
of unregulated foreign
big ag interests. SQ 777
allows any undefined

farmer to have forever a right to use any


unknown, untested
farming technique or
technology. The bill
then demands the use of
costly litigation to prove
compelling state interest for citizens or town
dwellers to fight possible
environmental dangers.
Foreign groups hungry
for land seem to look
at Americas Midwest
as a prime, vulnerable
target. With more than
40 % of Chinas existing arable land already
degraded by their own
pollution, acidification
and reduced fertility, its
easy to see why foreign

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groups already hold


over 340,000 Oklahoma
acres. Whether the land
is out right owned or
merely controlled by a
foreign governments
agriculture groups,
its obvious who is the
boss. We mustnt be
bluffed into changing
Oklahomas constitution to protect forever
uncontrolled bosses
right to farm any way
they want. 2016 is the
year to take a stand. Vote
for Oklahoma by Voting
No on SQ777.
Patricia Netzer-Willard
President of the League
of Women Voters of
Bartlesville.

The Express-Star

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SQ 777 will embrace


agribusiness
e question of voting Yes or
or State Question 777 is on
yone's mind the closer and
er we get to November. This
can be very difficult for
rs when certain organizas like Oklahoma Farm
au, Oklahoma Cattlemen's
ociation, and many others
endorsed State Question
owever, there has been an
rtising blitz with the Vote
For SQ 777 presence on
ways and throughout social
a, stating Oklahoman's are
sk of losing land and clean
r.
e Humane Society of the
ed States, PETA, the Sierra
and other groups who are
involved with agriculture
always targeted the agriculindustry and insist on makt more difficult for farmers
oduce products. Throughout
years, regulations and rules
made it more difficult for
ers and ranchers to continue
their jobs. Animal rights
ps are against this topic
use they continue to fight
nst animal cruelty. State
stion 777 states, No law
interfere with these rights,
ss the law is justified by a
pelling state interest. Just
use of this statement the

H ll

opposing view makes it seem


like farmers can have free rein to
do whatever they want.
Thats not the case.
The state and federal regulations that are in place will continue for all farmers; however,
State Question 777 will protect
all farmers from dealing with
illogical regulations that are not
beneficial to the consumer, but
only benefit the out-of-state
opposing organizations.
Oklahoma is not the only state
to have the idea of "Right to
Farm." All fifty states have
"Right to Farm" protections via
nuisance laws; however there is
not any constitutional protection except in North Dakota and
Missouri. Without State Question 777, the state can interfere
and Oklahoma can be in danger
from not only losing jobs but
losing access to affordable food.
State Question 777 is to benefit
all farmers and all consumers to
make sure that they can have a
variety of choices.
If the consumers want organic
or cage free food options, or
more affordable food options,
State Question 777 is designed
to make sure the consumer continues to have this choice.
The opposing view is doing a
good job of blowing State Question 777 out of proportion, say-

i h

El

Kate
Singleton
The young conservative

ing this will take away clean


water, land, as well as the safety
for animals. What the opposing
view is not telling the voters is
that State Question 777 will not
change any laws or regulations
imposed prior to December 31,
2014, as well as continue to have
reasonable regulations that will
benefit the state and consumers.
Celebrities and outside sources
will continue to put their spin on
the subject as they do with other
topics. As voters, we need to do
our part by doing the research
and not just taking emotional
advertisements 'as the truth, and
see SQ 777 as a positive for
Oklahoma.

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D ?

Enid News & Eagle

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Making sense of this


years state questions
By Trent England
Oklahoma voters will
decide seven state questions
on Election Day. The topics
range from religious liberty
to taxes, but there are two
basic questions to ask about
each proposal. First, what
kind of law are we making?
Five of the proposals amend
the Oklahoma Constitution.
The other two change
state statutes. This matters
because the Constitution is
harder to change than other
laws. If we make a mistake
or wind up with unintended
consequences, we might be
stuck with it.
State Question 780 and
781 would change statutes.
The first reclassifies some
non-violent felony crimes
(felonies are punishable by
more than one year in state
prison) to misdemeanor
crimes (punishable by up
to one year in county jail).
State Question 781 takes the
states savings from putting
less people in prison and
distributes the savings to the
counties for drug and mental
health treatment. Because
these are statutory changes,
the legislature could make
adjustments if necessary.
The second question
is especially important for
the five proposed amendments to the Oklahoma
Constitution. How would
each measure shift power
between Oklahomas legislative, executive and judicial
branches?
State Question 776
reiterates that the death
penalty is constitutional in
Oklahoma and says that
the legislature, not judges,

should set policies about


how to carry out executions.
Obviously, this measure
shifts power from judges to
legislators. So does State
Question 790, which would
repeal what is often called a
Blaine Amendment from
the Oklahoma Constitution.
ACLU attorneys and
activist judges have used
Blaine Amendments to
secularize schools and
strip away religious symbols from public property.
This is what happened to
the Ten Commandments
Monument that once stood
near the Oklahoma Capitol.
A vote for State Question
790 would repeal the Blaine
Amendment and reduce the
power of judges.
State Questions 777
and 779, on the other hand,
would shift power from
legislators to judges. These
are the most familiar measures to most voters. State
Question 777 would give
courts power to strike down
agricultural laws passed by
the legislature unless a judge
believed a compelling state
interest supported it. State
Question 779 increases the
sales tax rate by an additional one percent. About 40
percent of the tax increase
funds would go to teacher
pay, and the rest would go
to other state education programs.
The most interesting
part of State Question 779
is that it tries to shift power
into the executive branch
of government to avoid the
legislative budget process.
Basic civics teaches that
legislators have the power
of the purse because they

represent the people. State


Question 779 tries to limit
this power by giving the
State Board of Equalization
authority over part of the
budget process. In the end,
of course, a dispute between
the legislative and executive
branches is likely to wind
up before the courts.
Finally, State Question
792 reduces government
power overall. Oklahoma
has some of the most
restrictive laws in the
country when it comes to
adults access to alcoholic
beverages. Many of these
laws are in the Oklahoma
Constitution, which is why
State Question 792 is a
constitutional amendment.
It would allow the sale of
refrigerated beer, allow beer
and wine sales in ordinary
grocery stores, and let liquor
stores sell things other than
liquor.
Part of the genius of the
men who wrote the U.S.
Constitution is evident in the
basic questions they asked
about how government
would work. They knew
that good intentions are
not enough to make good
policy. Of course, the best
intentions can sometimes
lead to terrible unintended
consequences. As Oklahoma
voters weigh these seven
state questions, we should
be sure to ask the basic
questions about how much
power government should
have and where that power
ought to reside.
Trent England is a vice president and
fellow at the Oklahoma Council of Public
Affairs.

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Woodward News

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2016
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ex

Early voting set


By Sarah Nishimuta
Staff Writer

Early voting for the general election is Thursday,


Friday and Saturday this week, said election board
officials.
Voters need to enter the Woodward County
Courthouse through the east door which should be
open said County Election Board Secretary Carol
Carrell. Signs will be posted for guidance.
Early voting dates and times are as follows:
Thursday from 8 a.m. to 6 p.m.
Friday from 8 a.m. to 6 p.m.
Saturday from 9 a.m. to 2 p.m.
Voters must bring a valid form of ID and fill out a
form before voting, says Carrell.
This form provides information to the election
board to confirm they are registered voters.
Absentee voting by mail ends Wednesday at 5 p.m.,
said Carrell.
In addition to the heated presidential election, state
voters will determine the fate of several state questions, including the Right to Farm measure and the
proposed one cent sales tax for education.
Election day will be Tuesday, Nov 8, from 7 a.m. to
7 p.m. Voters will need to present a valid ID.

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Sand Springs Leader

Nov
02

City council officially approves


location for new public safety facility
BY RACHEL SNYDER

2016

Staff writer

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A011

The Sand Springs City


Council Monday approved a resolution to
formalize the location
of the new public safety
facility and authorize
a real estate contract
with Sheffield Crossing
necessary to purchase
the land.
The 10-acre site of
the facility, which will
house police and re
stations, will be near
the OmniTRAX facility
south of Morrow Road.
It establishes the location and allows us to
move forward (with the
project), City Attorney
David Weatherford said.
Voters approved a
proposal to dedicate
0.45 percent of preexisting sales taxes for
public safety and 0.10
percent for economic
development last year.
The city entered into
a development agreement with OmniTRAX
in September for the
redevelopment of the
steel mill area, which
included potential retail usage, road improvements and an
option for the city to
purchase land for the
construction of a public
safety facility.
In other news, the
council:
 :iikho^] Zg hk]bnance to include vapor
products among the
other tobacco products citizens are prohibited from using on
city owned or operated
property.

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City Planner Brad Bates discusses an ordinance regarding


e-vapor products at a city council meeting. RACHEL SNYDER/
Leader

The state health department recommends


that we do this and cities pass these ordinances, City Planner Brad
Bates said. It gives
people leverage to ask
people who are vaping
on city-owned property
to stop or leave.
 :iikho^] Z k^lhention to discuss State
Question 777, a proposed amendment to
the Oklahoma Constitution that would
guarantee farmers and
ranchers the right to
make use of agricultural
technology,
livestock
procedures and ranching practices and limit
lawmakers ability to intervene regarding those
issues unless the law is

justied by compelling
state interest.
City Councilman Phil
Nollan encouraged voters to research the state
questions and their potential impact before
casting ballots Nov. 8.
City Councilman John
Fothergill said he sponsored the resolution to
discuss the issue because it would have an
impact on the city.
Itd be nice to be able
to regulate our land
as we see t and not
have the state constitution hanging over our
heads, Fothergill said.
 :iikho^] ma^ nal plat for Stone Villa
Second for the development of a single-family
subdivision.

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Watonga Republican

WatongaRepublican.com

Local News

Watonga Republican November 2, 2016

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2016
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A5

Watonga Republican

A Detailed Breakdown of the 7 State Questions


Voters are Set to Decide on at the Polls this Week
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2016
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By J. D. Meisner

Ballot Title:

Special to the Watonga Republican

When Blaine County voters go to the polls next


month, they will be faced
with seven state questions
proposing amendments to
the Constitution of the State
of Oklahoma, or new
statutes.
Language in the state constitution provides that these
important decisions may be
made by the people as ballot
measures. These measures
are presented to voters via
an initiative petition, which
requires signatures of voters;
or legislative referendum,
requiring a vote by the legislature to place the measure
on the ballot.
Voting on state questions
allows the people a rare
opportunity to make direct
decisions on public policy
that will directly affect the
citizens of Oklahoma.
To help voters in our coverage area make educated
decisions on each of the state
questions appearing on the
Nov. 8 ballot, we have compiled and listed each question
as it appears on the ballot, a
summary of the question's
intent and what is being said
in favor of and against each
measure.
SQ 776 Death Penalty

Dr. Susan
Nelson Lee
Optometrist

215 N. Clarence Nash Blvd.

(580) 623-2300
Evening hours available
by appointment.

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 law
as distinguished from a
method of
execution, shall not be
deemed to be or constitute
the infliction of cruel or
unusual punishment under
Oklahoma's Constitution, nor
to contravene any provision
of
the
Oklahoma
Constitution.
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. Th e 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 (eighty-two 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.
Pros
The death penalty is legal
in Oklahoma and has a history of support from officials
and the general public. The
state's ability to carry it out
must be protected at a higher
constitutional level.
There is a chance that
certain drugs used in lethal
injections, or even the use of
lethal injection itself, will be
ruled
unconstitutional.
Oklahoma needs options so
that the death penalty can
continue to be used.
The State of Oklahoma
should have more flexibility
to designate and use any
available, legal method of
execution.
We have an obligation to
the people of Oklahoma to
ensure that we can effectively enforce the death penalty.
Oklahomans strongly support the death penalty, and it
is critical that we protect our
ability to enforce it.
Senator Anthony Sikes (R24).

Cons
Oklahomans are increasingly opposed to the death
penalty, citing inconsistent
application of it as a punishment, a preference for life
sentences and the increasing
frequency of exonerations.
This measure could make
it much more difficult to rule
Oklahoma's death penalty
unconstitutional and could
make use of barbaric practices such as the firing squad
more likely.
The amendment's only
purpose is to undermine the
current moratorium resulting
from the recent mistakes in
the administration of the
lethal drug method of execution.
"The death penalty is
state-sponsored murder and
it's disgusting, and we're
telling the rest of the world
that not only are we OK with
it, but we're making it a fundamental value and putting it
in our constitution. This will
truly make us look ignorant,
brutish and all manner of
negative attributes. Rev.
Adam Leathers.
SQ 777 Agriculture
Ballot Title
This measure adds Section
38 to Article Il 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
Pros:
Supporters argue that
State Question 777 would
allow farmers to defend
themselves against unjust
laws or laws that would
harm the industry, make the
state more attractive to
farmers, and allow consumers to decide best farming practices through free
market competition.
The opposition is making
this about water, and it has
nothing to do with water....
They are also the ones who
are putting the billboards
(up) in Tulsa and Oklahoma
City (saying the same thing),
and its not what this is
about.... This is something
we want for Oklahoma family farmers and ranchers to do
what they do best, and that is
to provide a safe, abundant
food supply for Oklahoma
and for the nation. Mark
Yates, Oklahoma Farm
Bureau.
Cons:
Opponents argue that
State Question 777 would be
used to prevent the state and
local governments from
passing laws to protect small
farmers and provide reasonable regulations regarding
food and water quality, environmental protections, and
animal cruelty. They claim
the amendment would give
large, corporate farms an
advantage over small, local
farms.
Im actually terrified for
what it means for our farmers markets and the small
family farmers I work with.
Our farmers already have the
right to farm, they dont need
to run from regulation they
have nothing to hide, they
already produce foods that
are healthy for the land, the
animals and the consumers.
This question directly benefits large corporations with a
goal of just increasing their
profits. Adam Price,
Oklahoma
Food
Cooperative.
SQ 779 Education
Funding Tax

Trey Thomas

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.
Pros:
There is no greater need in
Oklahoma than the adequate
funding of education for our
children. As of 2016, the
Oklahoma Legislature has
not approved an across-theboard salary increase for
teachers in eight years. This
would create a guaranteed
source of additional education funds that cannot be
used for other purposes by
the legislature. The salary
increase would be permanent, not a one-time bonus
and would aid in the recruitment of new teachers and
retention of experienced
teachers.
"We have added and added
and added, all in the name of
reform and every time weve
given teachers any money, as
long as I can remember,
theres always been lots of
strings attached. This time,
we need to give teachers a
raise to compensate them for
all the reforms that weve
already passed. This tax
this penny sales tax proposal
is the only game in town
to do that. Todd Crabtree,
Superintendent, Byng Public
Schools
Cons:
A sales tax disproportionately impacts lower-income
people,
especially
in
Oklahoma, whee the poverty
rate is higher than the national average and higher state
sales taxes would hurt city
governments ability to raise
or maintain their own sales
taxes which they rely upon
for infrastructure upkeep and
improvements.
I dont believe saddling
our citizens and future generations with a tax increase
is the right solution to any
problem. Another solution
must be found. We have
been told this proposal is
just a penny for the kids,
but thats not an entirely
accurate statement. While
the tax is increasing by one
cent, it is in all actuality a 22
percent tax increase.
Senator Kyle Loveless (R45)

trey_thom@hotmail.com

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

SEE

BREAKDOWN PAGE A7

The Comanche Times

SUMMARY OF
Nov
03
2016

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

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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 iniction 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.

VOTE
ON
NOV. 8!

Foxy
2.1
rning For
r Show
Ray

Agriculture

STATEQUESTION
STATE QUESTION NO. 777
LEGISLATIVE REFERENDUM NO. 368

777

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

780

This measure amends existing Oklahoma laws and would change the classicati
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 pri
drug possession conviction. The proposed amendment would reclassify these dru
possession cases as misdemeanors. The amendment would increase the thresh
dollar amount used for determining whether certain property crimes are considere
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 sh or game, fraud,
forgery, counterfeiting, or issuing bogus checks. This measure would become
effective July 1, 2017.
FOR THE PROPOSAL YES
AGAINST THE PROPOSAL N

SUMMARY: If the measure is approved, State Question 7


would reclassify certain offenses, such as simple drug possessio
and property crimes, as misdemeanors rather than felonies. Th
reclassification of the drug possession offense is intended to be a
plied to persons who use the drugs, not to those who are selling
manufacturing the drugs. The measure also would change the doll
amount threshold for property crimes charged as felonies from $5
to $1,000.
The goal of this measure is to reduce the size of the states priso
population and to reduce the amount of state funds being spent o
prisons. SQ 780 proposes to change Oklahoma statutes, not the co
stitution.
According to the U.S. Bureau of Justice in 2014, Oklahoma h
the second highest incarceration rate in the nation at 700 inmat
per 100,000 U.S. residents. Oklahoma also had the highest inca
ceration rate for women that year. The total correctional populatio
of a state includes people incarcerated and on probation or parole
The Oklahoma Department of Corrections indicated in Augu
2016 that the prison system was at 104 percent of its capacity wi
27,097 inmates being held. Drug offenders comprise 26.3 percent
inmates. Another 23.3 percent of inmates are imprisoned for oth
nonviolent crimes. According to the Oklahoma DOC 2015 annu
report, the Oklahoma prison population has increased by 22.6 pe
cent since 2006. In fiscal year 2016, the Oklahoma legislature appr
priated $485 million to the Oklahoma Department of Corrections
If the measure is approved, the changes proposed would not
retroactive. Sentences for current inmates would not change.

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 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.
FOR THE PROPOSAL YES
AGAINST THE PROPOSAL NO

SUMMARY: State Question 790 addresses public funding and

cycle

FOR THE PROPOSAL YES


AGAINST THE PROPOSAL NO

SUMMARY: If the proposal is approved, the measure would

Law Enforcement

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.

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 supplan
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

STATE QUESTION NO. 790


LEGISLATIVE REFERENDUM NO. 369

CALL BRUCE, JERRID OR TIFFANY TODAY!

STATE QUESTION NO. 779


INITIATIVE PETITION NO. 403

AGAINST THE PROPOSAL NO

STATEQUESTION

culture

STATEQUESTION

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 justied by a compelling state
interesta clearly identied state interest of the highest order. Additionally, the law
must be necessary to serve that compelling state interest.
The measureand the protections identied 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.

Religion & the State

VERY NEED

Education Funding Tax

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


added to the Oklahoma Constitution creating a limited purpos
fundthe Education Improvement Fund.
An increase of the sales and use tax by one cent on the dolla
would provide revenue for the fund. School districts that benefi
from the fund would be subject to an annual audit. Fund
generated by the tax cannot be used to replace other state fundin
of common, higher, career and technology, and early childhoo
education.
The provisions of the new article require a minimum $5,00
salary increase for teachers over the salaries paid in the year prio
to adoption. The funds generated would not be used to increas
the salaries of school superintendents or to add superintenden
positions.
Oklahomas average compensation for teachers, including salar
and benefits, is $44,921. According to the National Educatio
Association, Oklahoma ranks 49th in the nation in teacher pay.
A section within the new article to the state constitutio
establishes that monies collected would be distributed as follows:
69.5 percent to common education
> 86.33 percent of common education funding would be use
to provide teachers with a minimum $5,000 raise and otherwis
address or prevent teacher and certified instruction staff shortage
> 13.67 percent of common education funding would be use
to adopt or expand, but not maintain, programs, opportunitie
or reforms for improving reading in early grades, improvin
high school graduation rates, and increasing college and caree
readiness.
19.25 percent to higher education
3.25 percent to career and technology education
8 percent to early childhood education

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 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
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.

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 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.
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.

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Mountain View News

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Dear Editor,
If you eat, you are involved
in agriculture. Sadly fewer and
fewer people even in Oklahoma
have any idea how their food is
produced. I am saddened to see
my adopted state divided by an
issue that seems pretty cut and
dried to me.
The rst thing I did was to
read the actual words of Joint
Resolution 1012 which became
State Question 777. Having done
that, I know:
1. It protects the rights of ALL
farmers and ranchers not just
large corporations. Since 98%
of Oklahoma farms are family-owned, I am willing to share
that protection.
2. It does NOT deregulate anything. Federal and state laws and
regulations by Oklahoma Dept.
of Agriculture, Oklahoma Department of Environmental Quality, Oklahoma Water Resources
Board, FDA, EPA, USDA, and
others remain in effect.
3. It speaks to livestock
production. Since dogs and cats
re NOT dened as livestock under Oklahoma law, puppy mills
will still be illegal. As far as that
goes, cockghting which is not
agriculture will still be illegal as
well.
4. It does not change the Oklahoma laws which prevent foreign
ownership of land here.
5. It holds any new laws or
regulations to a higher standard.
Having been a farmer/rancher all my life, I am insulted that
the likes of PETA and HSUS presume to tell me how to run my
operation. Why would I threaten
my livelihood my injuring my
animals, eroding my land, and
wasting or polluting the water I
need? Farmers were the rst conservationists.
Keep in mind that unnecessary government intervention
could drive up the price of food
while putting small operators out
of business. Folks that recognize
this and support SQ777 include
Oklahoma Farm Bureau, Okla-

homa Cattlemens Association,


Oklahoma Pork Council, Oklahoma Wheat Growers, Oklahoma
Cotton Council, Oklahoma Agricultural Cooperative Council, U
S Senator Jim Inhofe, and State
Representative Casey Murdock.
Ann Herber
Farmer/Rancher for 61 years

Dear Editor,
Several years ago, I received the
following as an e-mail. In thinking
about it, it still speaks. I dont know
who wrote it, so, I offer it as food
for thought.
Subject: Identication
Im a Legal American Citizen,
and I must show my ID when:
1. Pulled over by the police.
2. Making purchases on my
department store credit card.
3. When I show up for a doctors
appointment.
4. When lling out a credit card
or loan application.
5. When applying for or renewing a drivers license or passport.
6. When applying for any kind
of insurance.
7. When lling out college applications.
8. When donating blood.
9. When obtaining certain prescription drugs.
10. When making some debit
purchases, especially if Im out
of state.
11. When collecting a boarding pass for airline or train
travel.
12. When going to the polling
place to vote, one of the most
important, so how do these ILLEGAL aliens get to VOTE??
Im sure there are more instances, but the point is, that we
citizens of the USA, are required
to prove who we are nearly
every day?
So, why should people in this
country illegally, be exempt!!!
(NO ONE, SHOULD BE EXEMPT)
Why shouldnt we guard our
boarders as closely as every other country in the world does?

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Letter to the
Editor:
When I left my ranch in Felt to
run for the state legislature, my
primary concern was aggressive
government regulations trampling
over ranchers. With the current
administration in Washington,
D.C. and the increasing number of
urban legislators, HSUS and PETA
have free reign to push their radical
agenda on the livestock industry.
I realized it was time for my
voice and the voices of other ranchers to be heard in Oklahoma City.
SQ 777 is exactly why I ran for
state representative. SQ 777 would
limit how Oklahoma will regulate
farmers and ranchers.
Short and sweet - here is the truth
about this ballot proposal.
SQ 777 will NOT affect the
legislatures ability to protect our
water.
SQ 777 will NOT allow large
corporate farms to pollute creeks,
ponds, lakes, and rivers.
SQ 777 WILL protect small
farmers and ranchers much more
than corporate farms.
HSUS and PETA want to push
small cattle operations, like mine,
out of business. Through their
inuence, the government reaches
further and further into my business with regulations that I cannot
afford to comply with. Large
corporate farms have the ability to
absorb costs and pass them on the
consumer, but my small operation
cannot do that. Instead we eat the
cost as the yards of red tape strangle

Thursday, Nov. 3, 2016

us out of business.
SQ 777 will NOT bring puppy
mills to our state.
Our agriculture laws govern
livestock and pets are not livestock.
SQ 777 STOPS government
overreach.
It stops the regulation train from
barreling down the tracks. Before
the government can put regulations
on a person, they should have to
clear a high bar of scrutiny. If the
need for the regulation cannot
measure up, then we retain our
freedoms.
We raise that bar in SQ 777with
the words compelling state interest. SQ 777 puts the burden of
proof on the government, not the
people. Unless the government
can prove a particular regulation is
absolutely essential, the protection
of the law remains with the people
the farmer and the rancher. We
retain our ability to practice our
business as we see t.
Agriculture producers across
the US are constantly elding
attacks from radical groups who
are ignorant of our rich history of
farming and ranching. They do not
understand our love for our land
and our love for our work.
We are guaranteed the right
to life, liberty and the pursuit of
happiness. SQ 777 defends our
freedom. SQ 777 protects us. Our
government is in place not to rule
our lives, but to protect our right
to live in freedom. On November
8, vote yes on SQ 777 and protect
our freedom.
Rep. Casey Murdock
Oklahoma State House District
61 Phone: 505.803.0690

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Woods County Enterprise

Thursday, November 3, 2016

Woods County Enterprise 7

SUMMARY OF
Nov
03
2016

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.



Page
0007

Death Penalty
STATE QUESTION NO. 776
LEGISLATIVE REFERENDUM NO. 367

STATE QUESTION NO. 779


INITIATIVE PETITION NO. 403

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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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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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27,;.*<.</>7-.-+B=12<6.*<>;.;*2<.=.*,1.;<*5*;2.<+B*=5.*<= 8?.;=1.<*5*;2.<9*2-
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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=1./>7-&1.*;=2,5.=*4.<.//.,=87>5B */=.;2=<9*<<*0.
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STATEQUESTION



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Education Funding Tax

STATEQUESTION

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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of these rights. Under this extra protection, no law can interfere with these rights, unless the law
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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.

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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 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
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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
=1;.<185-2< &1.*6.7-6.7=@8>5-27,;.*<.=1.*68>7==8 ";89.;=B,;26.<,8?.;.-
by this change include; false declaration of a pawn ticket, embezzlement, larceny, grand larceny,
=1./=;.,.2?2708;,87,.*5270<=85.79;89.;=B=*4270-86.<=2,*=.-D<18;0*6./;*>-/8;0.;B
,8>7=.;/.2=2708;2<<>270+80><,1.,4<&12<6.*<>;.@8>5-+.,86..//.,=2?.>5B 
 
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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
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/>7-,87<2<=2708/*7B,*5,>5*=.-<*?270<8;*?.;=.-,8<=<=1*=*,,;>.-=8=1.%=*=./;86=1.
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
7=.;9;2<.%.;?2,.<=8><..2=1.;*,=>*5-*=*8;2=<+.<=.<=26*=.=8-.=.;627.18@6>,1687.B
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*7--2<=;2+>=.-=8,8>7=2.<279;898;=287=8=1.2;989>5*=287=89;8?2-.,866>72=B;.1*+252=*=2?.
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.//.,=2?.2/%=*=.#>.<=287=1.!45*186*%6*;=><=2,.$./8;6,=2<78=*99;8?.-+B=1.
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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
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religious institution. Article 2, Section 5 has been interpreted by the Oklahoma courts as requiring
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with the Establishment Clause of the United States Constitution, which is a similar constitutional
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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
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wholesaling, or retailing. Some restrictions apply to the sales of manufacturers, brewers,
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other licenses. Certain licensees must meet residency requirements. Felons cannot be licensees.
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!,=8+.; 
 
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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.

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