Omar Bennett
The Oklahoma Constitution is the state constitution of Oklahoma. It outlines the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. The current Oklahoma Constitution was adopted in 1907 and has been amended 205 times since then. The constitution provides three mechanisms for amendments: a citizen-initiated process, a legislative process, and a state constitutional convention. Amendments can be made by the Oklahoma Legislature with a majority vote of both houses and approval by the majority of voters at the next general election, or by a 2/3 vote to place the amendment on a special election. A constitutional convention requires majority voter approval before the convention is held, and any amendments or new constitutions must also be approved by a majority of voters.
| Characteristics | Values |
|---|---|
| Number of methods to amend the constitution | 3 |
| Methods | Citizen-initiated, legislative, convention-referred |
| Legislative process requirements | Majority vote of both houses and approval by majority of voters at the next general election; the Legislature can by 2/3 vote place the amendment on a special election |
| Citizen-initiated process requirements | 15% of votes cast in the last gubernatorial election |
| Convention-referred requirements | Majority voter approval before the convention is held |
| Number of articles | 30 |
| Number of amendments | 205 |
| Last amended | November 5, 2024 |
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What You'll Learn
Legislative amendment
The Oklahoma Constitution can be amended through a legislative process, which requires a simple majority vote (50% plus 1) for voters to approve constitutional amendments. This amounts to a minimum of 51 votes in the Oklahoma House of Representatives and 24 votes in the Oklahoma State Senate, assuming no vacancies. Notably, these amendments do not require the governor's signature to be referred to the ballot.
The legislative process is one of the three mechanisms for amending the state's constitution, the other two being a citizen-initiated process and a state constitutional convention. The Oklahoma Constitution has been amended 205 times since its adoption in 1907, with voters most recently approving a new amendment on November 5, 2024, known as State Question 834.
The legislative amendment process in Oklahoma involves the following steps:
- Proposal: A proposed amendment must originate in the Oklahoma Legislature, with either a simple majority vote of both houses (Oklahoma House of Representatives and Oklahoma State Senate) or a two-thirds vote in one house.
- Voter Approval: Once an amendment is proposed, it must be approved by a majority of voters during the next general election. Alternatively, the Legislature can choose to place the amendment on a special election with a two-thirds vote.
- Implementation: If the amendment receives a majority of votes during the election, it becomes part of the Oklahoma Constitution.
It's worth noting that the legislative process for amending the Oklahoma Constitution is designed to ensure that any changes to the state's fundamental governing document have the support of both the legislature and the people of Oklahoma. This process allows for necessary updates and revisions to the constitution while maintaining a balance of power between the legislative branch and the electorate.
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Citizen-initiated amendment
The Oklahoma Constitution can be amended through three mechanisms: a citizen-initiated process, a legislative process, and a state constitutional convention. All three methods require voter approval.
An initiated constitutional amendment is a citizen-initiated ballot measure that amends a state's constitution. Oklahoma is one of 18 states that allow citizens to initiate constitutional amendments. To propose an amendment, citizens must gather a number of signatures equal to 15% of the votes cast in the last gubernatorial election. Once the required number of signatures is verified, the proposed amendment is placed on the ballot for voter approval. A simple majority (50% plus one) of votes are required for the amendment to be approved.
The citizen-initiated amendment process empowers citizens to directly participate in the amendment process and propose changes to the constitution without going through the legislature. This process provides a mechanism for citizens to drive policy change and have a direct impact on the state's constitution. It allows for a more direct form of democracy, giving citizens a stronger voice in shaping the laws that govern them.
The process typically involves several steps, including preparing and submitting petitions, collecting signatures, verifying those signatures, and ultimately placing the proposed amendment on the ballot for a vote. While the specific details may vary by state, the fundamental principle of citizen-led initiatives remains consistent.
The citizen-initiated amendment process in Oklahoma has been utilized to propose and enact various policy changes. By engaging in this process, citizens can actively participate in shaping the future of their state and ensuring that the constitution remains responsive to the needs and values of the people.
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Convention-referred amendment
The Oklahoma Constitution can be amended through three mechanisms: a citizen-initiated process, a legislative process, and a state constitutional convention. A convention-referred amendment is one of the methods to amend the Oklahoma Constitution. According to Section 2 of Article XXIV of the Oklahoma Constitution, a question about whether to hold a state constitutional convention is to automatically appear on the state's ballot every 20 years. Oklahoma is one of 14 states that provides for an automatic constitutional convention question. The last time Oklahomans voted on such a question was in 1970.
A convention-referred amendment requires a majority voter approval before the convention is held, and any amendments or new constitutions must be approved by a majority of voters at the next general election. The convention-referred amendment process begins with a call for a constitutional convention, which can be initiated by citizens or the state legislature. If the call for a convention is successful, delegates are elected to represent the people of Oklahoma in the convention. The delegates then draft and propose amendments or a new constitution, which is then presented to the people of Oklahoma for ratification.
The convention-referred amendment process allows for more direct participation of citizens in the amendment process, as they have the power to initiate the convention and elect delegates to represent them. It also provides an opportunity for a comprehensive review of the constitution and for multiple amendments to be proposed and considered simultaneously. The process typically involves public hearings, debates, and discussions, allowing for a more open and deliberative process compared to the legislative process.
However, it's important to note that the convention-referred amendment method has been rarely used in Oklahoma. Since 1970, Oklahoma's legislature has refused to follow its constitutional mandate to automatically place the question of holding a constitutional convention on the ballot every 20 years. As a result, the state constitutional convention mechanism has been effectively dormant, with citizens and interest groups instead focusing their efforts on the legislative and citizen-initiated amendment processes.
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Majority vote requirements
The Oklahoma Constitution can be amended in three ways: through the Oklahoma Legislature, a citizen-initiated process, or a constitutional convention. All three methods require majority voter approval.
Oklahoma Legislature
The Oklahoma Legislature requires a majority vote of both houses and approval by the majority of voters at the next general election. Alternatively, a two-thirds vote in the Legislature can place the amendment on a special election. A simple majority vote is required for the Oklahoma State Legislature to place a constitutional amendment on the ballot. This amounts to a minimum of 51 votes in the Oklahoma House of Representatives and 24 votes in the Oklahoma State Senate, assuming no vacancies.
Citizen-Initiated Process
An initiated constitutional amendment is a citizen-initiated ballot measure that amends a state's constitution. Oklahoma is one of 18 states that allow citizens to initiate constitutional amendments. The number of signatures required for an initiated constitutional amendment is 15% of the votes cast in the last gubernatorial election.
Constitutional Convention
A call for a constitutional convention requires majority voter approval before the convention is held. Any amendments or new constitutions that arise from the convention are then subject to voter approval.
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Impeachment procedures
The Oklahoma Constitution outlines five offenses that can lead to impeachment: wilful neglect of duty, corruption in office, habitual drunkenness, incompetency, or any offense involving moral turpitude committed while in office. The impeachment process is reserved for elected statewide office holders and is enshrined in the Constitution and statutes.
The impeachment procedure begins with the Oklahoma House of Representatives, which creates a resolution for articles of impeachment. This resolution is then voted on by the entire House, requiring a simple majority of members present for approval. If the resolution passes this stage, the process moves to the Senate, which must be called into a special session. The Senate serves as the Court of Impeachment, presided over by the Chief Justice of Oklahoma, who acts as the court's judge.
During the special session, the Senate acts as a jury for the impeachment proceedings. A two-thirds majority vote of the Senators present is required to impeach the official. If impeached and found guilty, the official's term is immediately suspended.
Prior to the Senate convening as a Court of Impeachment, the most recent impeachment process was during the Oklahoma Supreme Court Scandal of 1965, which led to two Supreme Court justices resigning and one being impeached.
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