Malcolm Rivera
The Oklahoma Constitution permits three methods of amendment: amendments by the Oklahoma Legislature, a constitutional convention, and a citizen-initiated process. Amendments by the Oklahoma Legislature require a majority vote of both houses and approval by the majority of voters at the next general election. A constitutional convention requires majority voter approval before the convention is held, and any amendments or new constitutions must be approved by a majority of voters. An initiated constitutional amendment requires signatures from 15% of the votes cast in the last gubernatorial election, followed by a simple majority vote for voter approval.
| Characteristics | Values |
|---|---|
| Mechanisms for amending the state's constitution | Citizen-initiated process, legislative process, and state constitutional convention |
| Number of signatures required for an initiated constitutional amendment | 15% of the votes cast in the last gubernatorial election |
| Votes required for voter approval | Simple majority vote (50% plus 1) |
| Votes required for the Oklahoma State Legislature to place a constitutional amendment on the ballot | Minimum of 51 votes in the Oklahoma House of Representatives and 24 votes in the Oklahoma State Senate |
| Article II | Bill of Rights |
| Article III | Suffrage |
| Article V | Legislative Department |
| Article VI | Executive Department |
| Article VII | Judicial Department |
| Article VIII | Impeachment and Removal from Office |
| Article IX | Corporations |
| Article X | Revenue and Taxation |
| Article XI | State and School Lands |
| Article XII | Homestead and Exemptions |
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What You'll Learn
Amendments by the Oklahoma Legislature
The Oklahoma Constitution permits three methods of amendment, one of which is by the Oklahoma Legislature. This process requires a simple majority vote (50% plus 1) during one legislative session 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. The governor's signature is not required to refer an amendment to the ballot. Once an amendment is on the ballot, it must be approved by a majority of voters at the next general election. The Legislature can also, by a two-thirds vote, place the amendment on a special election.
The third method of amendment is a constitutional convention. A call for such an amendment requires majority voter approval before the convention is held, and any amendments or new constitutions that come out of the convention must also be approved by a majority of voters. 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.
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Constitutional convention
The Oklahoma Constitution provides three mechanisms for amending the state's constitution: a citizen-initiated process, a legislative process, and a state constitutional convention.
A constitutional convention is a gathering of elected delegates who are tasked with drafting and proposing amendments to the state constitution. In the case of Oklahoma, the constitutional convention that led to its statehood took place in 1906-1907. Each territory was to elect 55 delegates, with the Osage Nation allowed two, bringing the total number of delegates to 112. William H. Murray was elected chairman of the convention, with Charles N. Haskell elected as the majority floor leader by the Democrats, and Henry Asp elected minority floor leader by the Republicans. The convention drafted a constitution, drew up a plan of organisation for the government, created a map of the counties to be established, and elected delegates to petition for statehood in Washington, D.C.
The convention's proposals were put to a referendum in Indian Territory and were overwhelmingly endorsed. The delegates also consulted previous state constitutions, including that of the proposed State of Sequoyah, as well as the U.S. Constitution. The final draft was completed on March 15, 1907, and put before the voters on September 17, 1907, receiving a 71% approval rating.
To initiate a constitutional convention in Oklahoma, a majority voter approval is required before the convention is held. According to Article XXIV of the Oklahoma Constitution, a question about holding a state constitutional convention automatically appears on the state's ballot every 20 years.
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Citizen-initiated amendments
The Oklahoma Constitution provides three mechanisms for amending the state's constitution: a citizen-initiated process, a legislative process, and a state constitutional convention.
To initiate a constitutional amendment in Oklahoma, citizens must gather a number of signatures equal to 15% of the votes cast in the last gubernatorial election. This ensures that the proposed amendment has a significant level of support from the state's citizens. Once the required number of signatures is verified, the proposed amendment is placed on the ballot for a statewide vote.
A simple majority vote (50% plus 1) is required for voter approval of constitutional amendments in Oklahoma. This means that for an amendment to be adopted and become part of the state's constitution, more than half of the voters must vote in favour of it. The citizen-initiated amendment process allows Oklahomans to bypass the state legislature and directly shape the laws that govern them, making it a powerful tool for direct democracy.
The Oklahoma Constitution's Article XXIV, or "Constitutional Amendments," and Article XXVIII, which consists of 10 sections, may provide further details on the citizen-initiated amendment process and the specific rules and procedures that must be followed for a successful amendment.
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Legislative-referred amendments
The Oklahoma Constitution provides three mechanisms for amending the state's constitution: a citizen-initiated process, a legislative process, and a state constitutional convention. Legislative-referred amendments, also known as a legislative process, are one of the ways in which the Oklahoma Constitution can be amended.
This process involves the Oklahoma State Legislature proposing an amendment, which requires a simple majority vote during one legislative session. This means that a minimum of 51 votes are needed in the Oklahoma House of Representatives, and 24 votes in the Oklahoma State Senate, assuming no vacancies. It is important to note that amendments through this process do not require the governor's signature to be referred to the ballot. Once an amendment is approved by the Legislature, it is then placed on the ballot for a statewide vote.
For an amendment to be adopted, Oklahoma requires a simple majority vote (50% plus 1) for voter approval. The Legislature also has the option to place the amendment on a special election through a 2/3 vote. This process allows the people of Oklahoma to have a direct say in amending their state's constitution, ensuring that any changes reflect the will of the majority.
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Convention-referred amendments
The Oklahoma Constitution permits three methods of amendment, one of which is a state constitutional convention. 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.
The Oklahoma Constitutional Convention, which opened in Guthrie on November 20, 1906, drafted the constitution, drew up a plan of organization for the government, put together a map showing the counties to be established, and elected delegates to go to the United States Congress to petition for statehood. The convention's proposals were then put to a referendum in Indian Territory, in which they were overwhelmingly endorsed.
The convention delegates consulted previously written state constitutions, the proceedings of the Sequoyah Convention, and the U.S. Constitution. After completing a draft document, they adjourned on March 15, 1907, and held two additional week-long sessions to finish the draft before putting it before the voters on September 17, 1907. Eligible voters approved their new Constitution with a 71% yes vote.
President Theodore Roosevelt then signed the necessary papers on November 16, 1907, announcing, "Oklahoma is now a state."
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Frequently asked questions
The Oklahoma Constitution provides three mechanisms for amending the state's constitution: a citizen-initiated process, a legislative process, and a state constitutional convention.
The Oklahoma Legislature can amend the constitution with a majority vote of both houses and approval by the majority of voters at the next general election. Alternatively, a two-thirds vote can place the amendment on a special election.
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.
Eighteen states allow citizens to initiate constitutional amendments. In Oklahoma, the number of signatures required is equal to 15% of the votes cast in the last gubernatorial election. A simple majority vote (50% plus 1) is then required for voter approval.
The Oklahoma State Constitution consists of various articles, including the "Bill of Rights", "Suffrage", "Distribution of Powers", "Legislative Department", "Executive Department", "Judicial Department", "Court on the Judiciary", "Impeachment and Removal from Office", and many others.
