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Initiative Petitions

Guiding citizens through statewide ballot strategy at every stage.

How do Oklahoma citizens turn policy goals into a statewide ballot measure?

Oklahoma is one of a limited number of states allowing citizens to propose statutes and constitutional amendments directly, but the initiative petition process is demanding, technical and constantly evolving. We counsel proponents from the earliest stages of policy development and petition drafting through filing, signature gathering, ballot title review and proceedings before the Oklahoma Supreme Court. Because this is a lengthy, multi-year process, our lawyers help clients anticipate requirements, respond to challenges and keep each phase moving.

Representing the citizens of Oklahoma seeking change

We represent Oklahoma citizens, often supported by nonprofits, businesses or coalitions working toward a shared policy goal. Much of our work centers around statewide measures and helping proponents earn a place on the ballot. Our lawyers are also experienced in representing opponents in pre-election constitutional and legal sufficiency challenges, litigating ballot measure legality and signature validity issues, as well as prosecuting ballot title and other types of challenges in the Oklahoma Supreme Court. We also assist with related needs such as forming entities, ethics guidance and campaign reporting requirements.

Experience matters in the initiative petition process

Over the past 50 years, we have participated in the majority of Oklahoma statewide initiative petitions in some capacity and have handled more initiative petitions than any other firm in the state. This depth of experience allows us to offer practical, strategic advice at each step, whether we are drafting the measure, preparing for opposition or litigating before the Oklahoma Supreme Court. Our clients count on us to be trusted, responsive and candid about both the opportunities and risks ahead.

Keeping pace as initiative petition laws evolve

The laws governing initiative petitions are continually evolving as the Oklahoma Legislature continues to add new procedural demands and increase the overall complexity of the process. Our lawyers are always looking to the future, closely monitoring these developments, advising clients on emerging requirements, and challenging restrictions in court when warranted.

More Relevant Experience

  • Oklahoma Council of Public Affairs v. Smalley, 2019 OK 48, 456 P.3d 609: Assisted clients in shepherding measure to expand Medicaid in Oklahoma through the initiative petition process; then successfully defended the measure from constitutional and other legal challenges in the Oklahoma Supreme Court. The measure ultimately appeared on the June 2020 ballot and became effective in July 2021.
  • In re Initiative Petition No. 403, State Question No. 779, 2016 OK 1; OCPA Impact, Inc. v. Sheehan, 2016 OK 84: Assisted in drafting a measure to provide funding for Oklahoma’s beleaguered public education system and shepherding it through the initiative petition process; then successfully defended it from two different Supreme Court challenges brought by an anti-tax group (one raising a constitutional single subject rule challenge, and the other asserting insufficiency of the petition’s gist). The measure ultimately appeared on the 2016 general election ballot.
  • Steele v. Pruitt, 2016 OK 87: Successfully challenged misleading and partial ballot title drafted by Attorney General regarding a criminal justice reform initiative, enabling the Supreme Court to draft its own, neutral ballot title. With a proper ballot title, the measure was ultimately approved by a vote of the people in the 2016 general election.
  • In re Initiative Petition No. 319, State Question No. 563, 1984 OK 23: Successfully defended a liquor-by-the-drink initiative petition measure from both a constitutional challenge and a signature protest, allowing it to be placed on the ballot and approved by a vote of the people.

We have represented protestants as well, including:

  • In re Initiative Petition No. 384, State Question No. 731, 2007 OK 48: Successfully challenged the legal sufficiency of the gist of initiative petition that would have promulgated laws regulating education expenditures. The measure was ultimately declared invalid and stricken from the ballot.
  • In re Initiative Petition No. 379, State Question No. 726, 2006 OK 89: Represented protestants in successfully challenging the sufficiency of the signatures in support of a Taxpayer Bill of Rights initiative. The measure was declared invalid for illegality and fraud in the signature collection process.

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