As Oklahoma voters cast ballots for president, Congress and other state and local elections, they will also be charged with deciding the fate of two state questions.
Below, OKFB has compiled information on each of the state questions, including ballot titles, constitutional language, and how each coincides with the organization’s grassroots policy.
State Question 805
Opposed by Oklahoma Farm Bureau
State Question 805 originated as an initiative petition that was placed on the ballot after receiving nearly 250,000 signatures of Oklahomans. The measure would amend the Oklahoma Constitution to prevent a person’s former non-violent felony convictions from being used to enhance his or her sentence when convicted of a non-violent felony. The state question would not apply to individuals who have ever been convicted of a violent felony, which are defined in a section of state statute.
Supporters of the state question believe the measure is “common-sense criminal justice reform” that will safely reduce the prison population and save Oklahoma taxpayers an estimated $186 million.
Opponents of SQ 805, including OKFB, have expressed concern that the measure would prevent prosecutors from seeking higher sentences for offenders with a history of criminal activity and restrict the authority of district attorneys, judges and juries by placing guidelines in the state’s constitution.
Oklahoma Farm Bureau has joined a coalition opposing the measure, as the organization’s grassroots member policy calls for stricter punishment of agricultural crimes and believes that a person convicted of repeated offenses should be punished accordingly.
OKFB policy reads, “We recommend that perpetrators of felonies should be punished no matter the age of the offender and their records should follow them into any other court proceeding.”
Ballot title
Below is the language Oklahoma voters will see on the ballot:
This measure seeks to add a new Article II-A to the Oklahoma Constitution. This new Article A excepts and does not apply to persons who have ever been convicted of a violent felony. It would prohibit the use of a former felony conviction to increase the statutorily allowable base range of punishment for a person subsequently convicted of a felony. Individuals who are currently incarcerated for felony sentences that were enhanced based on one or more former felony convictions, and whose sentences are greater than the maximum sentence that may currently be imposed for such felonies, may seek sentence modification in court. The new Article sets forth a detailed process for such sentence modification, including but not limited to requirements for a hearing, appointment of counsel for indigent petitioners, and notification of victims, and requires that the court impose a modified sentence no greater than the current maximum sentence which may be imposed on a person convicted of the same felony with no former felony convictions, and which results in no greater time served in prison than under the original sentence. It establishes an appeal procedure, provides an effective date, and contains a severability clause.
Constitutional amendment language
The ballot title, found on the ballot, is considered a brief summary of the state question. Read the language that will be placed into the Oklahoma Constitution if SQ 805 is passed here.
State Question 814
Supported by Oklahoma Farm Bureau
A measure created by the state Legislature under SJR 27 by Sen. Kim David and Rep. Kevin Wallace, State Question 814 would amend a section of the Oklahoma Constitution that directs the proceeds from the state’s settlements with tobacco companies to the Tobacco Settlement Endowment Trust Fund, or TSET Fund.
Oklahoma receives money each year under a 1998 multistate legal settlement with tobacco companies. Currently, the constitution mandates that 75% of those dollars be placed into the TSET Fund to be used for tobacco prevention programs and other health programs. The remaining 25% of the proceeds are directed to a special fund called the tobacco settlement fund that may be appropriated by the state Legislature.
SQ 814 would reduce the amount of funds directed to TSET from 75% to 25%, directing the remaining 75% to the state Legislature’s tobacco settlement fund strictly for the purpose of securing federal matching dollars for the Medicaid expansion program approved by the state’s voters with State Question 802 in June.
As of publication, no formal groups have filed to oppose or support SQ 814.
Oklahoma Farm Bureau supports the measure, as it will help fund the newly-passed Medicaid expansion program without forcing deeper cuts to other state services – especially as the state is expected to face a budget deficit following the impacts of the coronavirus.
OKFB does not have policy on the issue.
Ballot title
Below is the language Oklahoma voters will see on the ballot:
This measure seeks to amend Article 10, Section 40 of the Oklahoma Constitution (“Section 40”), which directs proceeds from the State’s settlements with or judgments against tobacco companies. Currently, Section 40 directs 75% of proceeds to the Tobacco Settlement Endowment Trust Fund (“TSET Fund”), where earnings may only be used for tobacco prevention programs, cancer research, and other such programs to maintain or improve the health of Oklahomans. Meanwhile, the remaining 25% of proceeds are directed to a separate fund for the Legislature (“Legislative Fund”). The Legislature can also direct some of that 25% to the Attorney General. This measure amends Section 40 to reduce the percentage of proceeds that go into the TSET Fund from 75% to 25%. As a result, the remaining 75% will go to the Legislative Fund and the Legislature may continue to direct a portion to the Attorney General. The measure would also restrict the use of the Legislative Fund. Section 40 currently states only that the Legislative Fund is subject to legislative appropriation. If this measure passes, money from the Legislative Fund must be used to get federal matching funds for Oklahoma’s Medicaid Program.
Constitutional amendment language
The ballot title, found on the ballot, is considered a brief summary of the state question. Read the language that will be placed into the Oklahoma Constitution if SQ 805 is passed here.
Find additional voter resources from OKFB here. For more information, contact OKFB public policy staff at (405) 523-2300.
