Oklahoma

Congressional

Primary Authority: Congressional plans are drawn and enacted by the Oklahoma Legislature, subject to the Governor’s veto. The Legislature can override a veto with a 2/3 vote in each chamber. Republicans currently have veto-proof majorities in both chambers.

If a bill is presented to the governor during session, the governor has 5 days to sign or veto it; otherwise, it becomes law without signature. If the bill is delivered to the governor during the last 5 days of the session, the governor must sign or veto it within 15 days of session adjournment; otherwise, it is pocket vetoed. Sundays are excluded from these calculations.

Mapping Timeline: Not specified.

Redistricting Criteria: Not specified.

Map Challenges: Not specified.

Legislative

Primary Authority: Congressional plans are drawn and enacted by the Oklahoma Legislature, subject to the Governor’s veto. The Legislature can override a veto with a 2/3 vote in each chamber. Republicans currently have veto-proof majorities in both chambers.

If a bill is presented to the governor during session, the governor has 5 days to sign or veto it; otherwise, it becomes law without signature. If the bill is delivered to the governor during the last 5 days of the session, the governor must sign or veto it within 15 days of session adjournment; otherwise, it is pocket vetoed. Sundays are excluded from these calculations.

Backup Authority: If the Legislature fails to enact legislative plans by its deadline, authority passes to the Bipartisan Commission on Legislative Apportionment, a 7-member, politically appointed body.

• Members: The Lieutenant Governor is a non-voting member who serves as chair. The President of the Oklahoma Senate, the Speaker of the Oklahoma House, and the Governor each appoint 2 members, one Democrat and one Republican. [Okla. Const. art. V, § 11A]
• Timing: There is no specified timeline for the appointment of members or for the adoption of final plans. If the Commission fails to act in a “timely” manner, any qualified elector can petition the Supreme Court of Oklahoma to compel the Commission to act, and the Court must issue its decision within 60 days of the last such petition being filed. [Okla. Const. art. V, § 11E]
• Voting: Final plans must be approved by at least 4 members of the Commission. [Okla. Const. art. V, § 11B]

Mapping Timeline: The Legislature must enact final legislative plans within 90 legislative days after the convening of the first regular session following the decennial census. If they fail to do so, authority passes to the Bipartisan Commission on Legislative Apportionment, but no deadline for adoption of final plans is specified. [Okla. Const. art. V, § 11A]

Redistricting Criteria:

• State Senate: Must consider, to the extent feasible, compactness, area, population, political units, historical precedents, economic and political interest, contiguous territory, and other major factors. [Okla. Const. art. V, § 9A]
• State House: None.

Map Challenges: Within 60 days of a redistricting plan being enacted by the Legislature or adopted by the backup commission, any qualified elector can challenge its validity by filing a petition with the Supreme Court of Oklahoma. If the Court finds the plan to be invalid, it must remand the plan to the backup commission which must modify it to remedy the issues identified. Additionally, If the backup commission fails to act in a “timely” manner, any qualified elector can petition the Supreme Court of Oklahoma to compel the Commission to act, and the Court must issue its decision within 60 days of the last such petition being filed. [Okla. Const. art. V, §§ 11C – 11E]

Ballot Measure & Referendum Processes

Types of Measures: Direct initiatives are permitted to amend statutes and the state constitution, and referendums are permitted to amend statutes. Legislatively initiated ballot measures may amend both statutes and the state constitution.

Single-Subject Rule: Yes.

Initiative Subject Restrictions: A subject cannot appear on an initiative if it has appeared on another initiative in the past 3 years unless they obtain signatures equal to at least 25% of legal voters in the state. Initiatives cannot contain a proposal that the Legislature could not pass themselves lawfully.

Signature Requirements: Constitutional amendments require signatures equal to 15% of all votes cast for gubernatorial candidates in the last general election, 8% for statutory amendments, and 5% for referendums. 1,153,284 people voted for a gubernatorial candidate in the 2022 general election in Oklahoma, so 172,993 are required for constitutional amendments, 92,263 for statutory amendments, and 57,665 for referendums.

Submission Deadlines: Referendum petitions must be submitted 90 days after the adjournment of the legislative session in which the subject law was passed. Initiative petitions must be submitted no later than 90 days after the start of the circulation period as prescribed by the Secretary of State.

Circulation Period: Petitions can be circulated for 90 days. The Secretary of State determines when the 90-day period begins for initiative petitions.

Ballot Title and Summary: The ballot title and summary are proposed by the Secretary of State, subject to approval by the Attorney General. Proponents may suggest a ballot title and submit it to the Secretary of State. Expedited reviews for titles and summaries are permitted.

Other Requirements: A fiscal impact statement is not required. There are no supermajority requirements. The Legislature can repeal a statutory initiative through a majority vote. The Legislature can amend or repeal an amendment by sending it to voters through a majority vote of each chamber of the Legislature. Initiatives are permitted on general, primary, and special election ballots, but not on odd-year ballots.

[Okla. Const. art. V, §§ 1 – 8; Okla. Stat. tit. 34, §§ 1 – 27]

Previous Redistricting Cycles

2020

• Congressional
  • Original Plan – HB 1002
    • Passed = November 19, 2021 (R-controlled)
    • Signed = November 22, 2021
  • Litigation History
    • None
• Legislative
  • Original Plans (Based on ACS Data) – HB 1198 (House); SB 1066 (Senate)
    • Passed = May 12, 2021 (R-controlled)
    • Signed = May 13, 2021
  • Revised Plans – HB 1001 (House); SB 1 (Senate)
    • Passed = November 19, 2021 (R-controlled)
    • Signed = November 22, 2021
  • Litigation History
    • None

2010

• Congressional
  • Original Plan – HB 1527
    • Passed = May 4, 2011 (R-controlled)
    • Signed = May 10, 2011
  • Litigation History
    • None
• Legislative
  • Original Plans – HB 2145 (House); SB 821 (Senate)
    • Passed = May 16, 2011 (House); May 17, 2011 (Senate) (R-controlled)
    • Signed = May 20, 2011
  • Litigation History
    • Wilson v. Fallin, 262 P.3d 741 (Okla. 2011): Plaintiff, a state Senator, filed a petition with the Oklahoma Supreme Court challenging the constitutionality of the Legislature’s enacted state Senate plan pursuant to the Oklahoma Constitution’s redistricting plan review process. On September 1, 2011, the state Supreme Court ruled that their review of redistricting plans under the state constitution was limited to whether it complies with the population apportionment formula provided therein and upheld the plan as in compliance with that formula.
    • Wilson v. State ex rel. State Election Bd., 270 P.3d 155 (Okla. 2012): The same state Senator again challenged the Legislature’s enacted state Senate plan as unconstitutional, this time in state district court asserting partisan gerrymandering claims. The district court originally granted the defendants’ motion to dismiss the case due to Oklahoma Supreme Court’s already having ruled on the issues, and on January 17, 2012, the state Supreme Court affirmed the dismissal of the case, finding the claims to be barred.

2000

• Congressional
  • State Court’s Plan (D-controlled Legislature failed to pass plan)
    • Adopted = May 31, 2002
  • Litigation History
    • Alexander v. Taylor, 51 P.3d 1204 (Okla. 2002): After the Democratic-controlled Legislature failed to pass a congressional plan, plaintiffs filed a lawsuit challenging the state’s then-existing congressional plan, passed in 1991, as now unconstitutionally malapportioned and requesting that the court order a new plan be adopted for use in the upcoming 2002 election. The trial court adopted the Governor’s submitted congressional plan on May 31, 2002, and on June 25, 2002, the Oklahoma Supreme Court affirmed the trial court’s adoption of the Governor’s proposed congressional plan.
• Legislative
  • Original Plans – HB 1515 (House); SB 619 (Senate)
    • Passed = May 18, 2001 (House); May 17, 2001 (Senate) (D-controlled)
    • Signed = May 24, 2001 (House); May 23, 2001 (Senate)
  • Litigation History
    • None

In The News

• Stitt Signs New Legislative, Congressional District Maps, AP (11/23/21)
• Oklahoma Redistricting Maps Head to Gov. Kevin Stitt for Final Approval, The Oklahoman (11/19/21)
• Oklahoma House Passes Congressional Redistricting Map Despite Democratic Criticism, The Oklahoman (11/18/21)
• Oklahoma Republican Leaders Release New Legislative Maps, AP (11/2/21)
• Oklahoma Legislative Redistricting Maps Headed to Gov. Kevin Stitt for Approval, The Oklahoman (5/13/21)
• Oklahoma House, Senate Unveil Redistricting Plans, AP (4/22/21)
• Pro Tem: Oklahoma Legislature will 'Absolutely' have Special Session this Fall for Redistricting, Public Radio Tulsa (3/26/21)
• Public Meeting on Legislative Redistricting, Muskogee Phoenix (12/13/20)
• Political Notebook: Online Demonstration of Redistricting Software Debuts Monday, Tulsa World (12/13/20)
• Oklahoma House of Representatives Begins Public Meetings on Legislative Redistricting, Tulsa World (12/10/20)
• Senate Leader Names Redistricting Committee Members, Weatherford Daily News (12/3/20)
• State Lawmakers Attend Redistricting Training as they're Poised to Draw New Districts, KOCO (10/13/20)
• House and Senate to Hold Joint Redistricting Training Session for Lawmakers, Oklahoma State Senate (10/2/20)
• Oklahoma Group Drops Plan for Redistricting State Question, AP (9/22/20)
• Oklahoma House Hires Former Speaker T.W. Shannon to Aid in Redistricting, The Oklahoman (9/22/20)
• Redistricting Committees Announced; Rep. Boles selected as Vice Chair for Standing House Redistricting Committee, The Duncan Banner (9/2/20)
• All 101 State House Members to Help with Redistricting, The Oklahoman (9/1/20)
• Group Launches Another Effort to Change Redistricting, AP (8/10/20)
• Oklahomans Lag Behind in Completing 2020 Census, News on 6 (8/4/20)
• Trump Directive on Illegal Aliens Could Benefit Oklahoma, Oklahoma Council of Public Affairs (7/28/20)
• Transparency a Key Word in Redistricting Process, CNHI News (7/27/20)
• Oklahoma Independent Redistricting Petition Withdrawn, The Oklahoman (7/18/20)
• Redistricting Reform Petition Faces New Hurdles, O'Colly.com (6/7/20)
• Oklahoma High Court Says Redistricting Petition Can Go Ahead, AP (5/27/20)
• It’s a killer. We’re done': Covid-19 puts ballot initiatives in peril, The Guardian (4/16/20)
• Redistricting, recreational marijuana petitions unlikely to make ballot, organizers say, The Oklahoman (3/30/20)
• Lawmakers try to alter voter-approved redistricting reforms, AP (3/5/20)
• Group refiles petition to create redistricting commission, AP (2/7/20)
• Oklahoma high court rejects redistricting state question, AP (2/4/20)
• Attorneys challenge Oklahoma redistricting initiative, AP (1/21/20)