On November 2, 2010, Oklahoma voters will be asked to vote on eleven state questions. Children will be affected by the outcomes of many of these questions. Becoming an informed voter is critical. To help voters better understand the state questions, the Oklahoma Institute for Child Advocacy (OICA) has compiled a list of six of the questions that will be on the ballot. This list only describes the state questions pertaining to children. If you would like information on the other questions, please visit the Oklahoma Policy Institute for a complete list.
2010 Oklahoma State Questions
744: Education Spending. State Question 744, also known as the “Helping Oklahoma Public Education Act” or “HOPE Initiative”, was initiated by the Oklahoma Education Association (OEA) after the union lost a lawsuit seeking to increase education funding. If approved, this constitutional amendment would determine the annual education budget in Oklahoma by assessing the regional average per pupil in six neighboring states and spending that amount per pupil in Oklahoma. That average would be determined by the State Equalization Board as part of the revenue certification process adjusted over a three year period. There are no provisions in the measure on how the state would fund this.
- Proponents of this measure claim that if passed, Oklahoma will have the ability to raise teachers’ salaries, decrease class sizes, and purchase new textbooks and technology. This would give Oklahoma children the same educational opportunities as children in neighboring states. Proponents also say that investing in education will bring business investment to our state and result in a better educated workforce. (1)
- Opponents of this measure claim that the budget challenges that the education fund is facing is shared by all spectrums of state government. Mandating a huge increase in spending without ensuring an equal increase in revenues will likely result in our state falling behind in other important areas of public investment, including services that are relied on by schoolchildren and teachers. Opponents also disagree with making a budget appropriations policy that is constitutionally mandated because it takes the flexibility out of the budget process in difficult economic times. Many believe that this measure will be challenged in court if it passes. (2)
746: Voter ID. State Question 746, also known as the “Oklahoma Voter Identification Amendment,” is a legislative referendum sponsored by State Senator John Ford. The measure was previously introduced as Senate Bill 692 during the 2009 legislative session and was passed by the House but vetoed by Governor Henry. (3) If passed it would require any person casting a vote to present either a photo ID or a voter ID card. Those without a valid ID can still cast a provisional ballot which will be counted once they confirm their identity.
- Proponents of this measure claim that verifying the identity of voters is critical in maintaining the integrity of our democracy. They claim that the measure would not be considered an undue hardship or an inconvenience to voters and would discourage voter fraud. (4)
- Opponents of this measure claim that requiring identification creates an unnecessary impediment to voting and is in conflict with the Oklahoma Constitution. The state charges for identification cards, thus to require someone to have a card is similar to an illegal poll tax, impacting minorities, the elderly, and the poor most frequently. Opponents also claim that this measure is a solution in search of a problem due to the fact that voter fraud has not been a problem in Oklahoma. (5)
Sources:
(1) Yes on 744, http://www.yeson744.com/
(2) One Oklahoma Coalition, http://www.nosq744.com/
(3)Capitol Beat OK, “State Question 746: Voter ID measure on November ballot” http://capitolbeatok.com/CustomContentRetrieve.aspx?ID=3225071
(4) Oklahoma Policy Institute, “SQ 746: Would voter ID proposal solve a problem or create one?” http://okpolicy.org/blog/tag/sq-746/
(5) Oklahoma Gazette, “Should voters show ID at the polls, or is SQ 746 a needless measure that burdens the elderly, minorities and the poor?” <a href=”http://www.okgazette.com/article/09-01-2010/Should_voters_show_ID_at_the_polls_or_is_SQ_746_a_needless_measure_that_burdens_the_elderly_minorities_and_the_poor.aspx”>http://www.okgazette.com/article/09-01-2010/Should_voters_show_ID_at_the_polls_or_is_SQ_746_a_needless_measure_that_burdens_the_elderly_minorities_and_the_poor.aspx
751: English Language. State Question 751, also known as the “English is the Official Language of Oklahoma Act,” is a legislative referendum sponsored by State Representative Randy Terrill. If passed, this measure would constitutionally mandate all official actions of the state to be conducted in English. It does not prohibit the use of tribal languages. It also states that NO lawsuit could be brought against political subdivisions of the State to provide services in languages other than English.
- Proponents of the measure claim that it would increase the incentives for immigrants to learn English and make them more successful U.S. citizens because they would more easily assimilate to the U.S. culture. Proponents also say that this measure would reduce any government expenditures spent on translating and publishing material in languages other than English. (1)
- Opponents of the measure say that it would create problems in the state, especially for non-English speakers when seeking government services, with the impact actually hurting the state economy instead of helping it. This measure is also being watched by the U.S. Department of Justice which has stated that this measure may be in conflict with federal law that requires Oklahoma to protect the civil rights of limited English proficient persons and if passed, federal funds received by the state may be in jeopardy. (2)
754: State Spending: State Question 754, also known as the “No Mandated State Expenditures Act,” is a legislative referendum sponsored by State Senator Todd Lamb along with several State Representatives. This measure was proposed in response to SQ 744. If passed, this constitutional amendment would not allow the constitution to mandate legislative appropriations based on a predetermined formula, how much other states spend, or how much any entity spends on a function. If approved, this measure could not be amended or repealed by any present or future constitutional amendments. If this measure passes and SQ 744 fails it will become law. If both measures pass, the one that passes by a larger majority will prevail. (3) (4)
Sources:
(1) Capitol Beat OK, “State Question 751 would designate English official language” http://capitolbeatok.com/_webapp_3301616/State_Question_751_would_designate_English_official_language
(2) Copy of letter from U.S. Department of Justice to Attorney General Drew Edmondson, http://inhofe.senate.gov/public/index.cfm?FuseAction=Files.View&FileStore_id=b7180646-583e-4c2c-8fc9-1ba1d1236dcf
(3) Tulsa World, “State voters to consider dueling ballot measures” http://www.tulsaworld.com/news/article.aspx?subjectid=16&articleid=20100704_16_A17_OLHMIY640968&archive=yes
(4) Oklahoma Gazette, “State questions 744 and 754 offer two sides of the same coin” http://www.okgazette.com/article/08-25-2010/State_questions_744_and_754_offer_two_sides_of_the_same_coin.aspx
- Proponents of this measure claim that the constitution cannot require the legislature to make appropriations decisions based on comparisons to spending in other states. When budget appropriations are added to the constitution, flexibility is removed from the budget process. (1)
- Opponents claim that by not allowing any challenge to this measure, the rights of every future generation of Oklahomans to determine their own means of governing themselves would be taken away. Some also question the constitutionality of this measure. (2)
756: Health Insurance. State Question 756, also known as the “Oklahoma Health Care Freedom Amendment,” is a legislative referendum sponsored by State Representative Mike Thompson and State Senator Dan Newberry in response to potential federal healthcare provisions. If passed, this constitutional amendment would add a new section of law that would prohibit any future law that requires residents, employers, or health care providers to participate in any health care system and would allow residents to be exempt from any health care mandates.
- Proponents of this measure claim that this is a step toward ensuring that voters get the chance to decide on the federal health care issue. Some proponents say that passing this measure will provide Oklahomans with a legal protection against the federal government. (3)
- Opponents of this measure state that even with the passage of this measure the effect will be futile because federal law will override state law. Many, including Governor Henry, state that passing this measure will only lead to lawsuits against the state due to the conflict with federal law which is an expense that the state does not need. (4) (5)
757: Rainy Day Fund. State Question 757, also known as the “Oklahoma Rainy Day Fund Amendment,” is a legislative referendum sponsored by State Senator Mike Johnson and State Representative Ken Miller. If passed, this constitutional amendment would increase the amount of money that can be placed in the Constitutional Reserve Fund, known as the Rainy Day Fund. The current maximum is 10% of the previous year’s General Fund revenues; this measure would raise the maximum to 15%.
Sources:
(1) Oklahoma Gazette, “State questions 744 and 754 offer two sides of the same coin” http://www.okgazette.com/article/08-25-2010/State_questions_744_and_754_offer_two_sides_of_the_same_coin.aspx
(2) Tulsa World, “Two options-both bad” http://www.tulsaworld.com/opinion/article.aspx?subjectid=261&articleid=20100711_261_G1_Photoi413042
(3) Capitol Beat OK, “S.Q. 756: Voters will have health care ‘opt out’ amendment in November” http://capitolbeatok.com/CustomContentRetrieve.aspx?ID=3338374
(4) Tulsa World. “Bills target health care overhaul” http://www.tulsaworld.com/news/article.aspx?subjectid=16&articleid=20100225_16_A1_OKLAHO617666&allcom=1
(5) The Oklahoman, “Oklahoma voters to decide whether to approve ban on federal health care mandate” http://newsok.com/article/3463933
