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The Herald-Democrat

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The Lincoln County News

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State Question 777 - Yes or No?


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The Cheyenne Star

Oklahoma Farmers Care Responds to


Deceptive Campaign Ads
OKLAHOMA CITY Oklahoma Farmers Care released the
following statement after misleading television advertisements
regarding State Question 777 hit
the airwaves.
As we continue to educate
voters on State Question 777,
Oklahomas Right to Farm, we
had hoped that messaging on both
sides of the issue would remain
truthful. Unfortunately, that is not
the case.

The Oklahoma Stewardship


Council and Drew Edmondson
showed their true colors as they
released a new television ad blatantly twisting words of some of
Oklahoma agricultures top leaders
in order to push their opposing
agenda.
State Question 777 is supported by dozens of groups made
up of Oklahoma family farmers
and the states leading agriculture
organizations. These organizations

The High Divide Book Review


WHAT: The High Divide book club discussions
WHEN: November 3 at 12:00 p.m. and November 21 at
6:30 p.m.
WHERE: Elk City Carnegie Library and Minnie R. Slief
Library in Cheyenne.
CHEYENNE, Oklahoma: The
last installment of Washita Battle-

SRLJQDQWLV WKDWRI D PDQ VXHUing from what is today called Post

continue to support State Question


777 and any statement that would
suggest otherwise is false.
We encourage voters to read
State Question 777 for themselves
and realize that Right to Farm
would protect family farmers, not
empower corporate farms. Right
to Farm would also ensure that
necessary regulations are still in
place in order to keep Oklahomas
land and water safe.
It is unfortunate that opponents
of State Question 777 have yet
again chosen fear-mongering to
confuse and mislead Oklahomans.
We strongly encourage a Yes vote
on State Question 777 on November 8.
Tom Buchanan, president of
Oklahoma Farm Bureau, released
the following statement after misleading television advertisements
regarding State Question 777 hit
the airwaves.
The Right to Farm amendment
is perfect in its form, and protects
both agriculture and the people of

Property of OPS News Tracker and members of the Oklahoma Press Association.

Oklahoma into the future. However, critics of the measure have


twisted my words in another attempt to mislead voters. They will
continue to use lies and deceit to
fool Oklahomans. Join me in the
JKWWRSURWHFWIDPLO\IDUPHUVMXVW
like me.
0LFKDHO.HOVH\H[HFXWLYHYLFH
president of Oklahoma Cattlemens Association, released the
following statement after misleading television advertisements
regarding State Question 777 hit
the airwaves.
It is disheartening that opponents would stoop to twisting
words to further their scare based
hollow talking points. State Question 777 protects Oklahoma's farmers and ranchers and it protects our
precious resources such as water.
Oklahoma Cattlemen will stick to
the facts during this campaign.
For more information, visit
OklahomaRightToFarm.com or
contact 405-761-3033.

The Dewey County Record

Behind Ags
Green Mask

Oct
27

by Andrea Hutchinson

2016
Page
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Futility Defined

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I prepared an article last


week on my 777 stance, but
when deadline came I had
changed my mind, so pulled
it. I think the language is too
vague, my conversations with
property rights attorneys expressed concerns about unintended consequences because
of it. And Im more afraid
of some of the actions of ag
groups supporting it than I I
am of HSUS, i.e their support
of the repeal of Country of Origin Labeling (COOL) which
was a factor in the destruction
over 80,000 beef producers
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into the U.S.; and the backing
of the unconstitutional Trans
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will destroy U.S. Sovereignty,
allow global gun laws and
global courts with no appeals.
Right now Im a no.unless I
stumble upon something that
causes me to change my mind.
Saturday I met American
Policy Centers, U.N. Agenda
21 Sustainable Development
expert, Tom DeWeese, and
shared the similarities of attacks within agriculture compared to urban.
He shared HUD's attempt
to destroy property values
and rights through a program
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Fair Housing AFFH, complete
with third party auditors, public private partnerships among

activists, federal agencies


and legislators to change law.
Sound familiar? Its a carbon
copy of actions within the
beef/food industry.
AFFH caused urban leaders and legislators to realize
the U.N. backed program IS
destroying property rights and
values. Those who understand it have been relentlessly
scoffed at, "There are no blue
hats (U.N.) in city hall". Now
cities who took HUD grants
are facing reality, HUD is
coming back to collect.
Multimillion dollar lawsuits
are resulting. Discrimination,
prohibiting the use of danger
words; safe, mature, no children, referring to their neighborhoods, is being used and
requiring the erecting of lower
LQFRPH KRXVLQJ ZLWKLQ DIXent neighborhoods is causing
cities to scramble to unravel
their ties to these grants.
Mr. DeWeese gave us a
blueprint for slowing property
rights theft suggesting we pull
away from those advancing
the problem. Globalism is the
problem. HSUS is a cog. Sustainability is a cog. Futility is
advancing one while trying to
stamp out the other, you cant
do both.
***
Andrea Hutchison is a
farmer, rancher and activist.
She can be reached
at bossybovine@pldi.net

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The Eufaula Indian Journal

Thursday, October 27, 2016 THE INDIAN JOURNAL PAGE A9

Public forum to focus on farming question


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S TAT E Q U E S T I O N 7 7 7

Right to Farm?
or
Right to Harm?
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The Hooker Advance

Oct
27
2016
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or treating!

6WDWH4XHVWLRQ
WREHGLVFXVVHG
The Texas County Farm
Bureau is sponsoring a town
hall meeting for S.Q. 777 on
Thursday, Oct. 27 at 12 noon at
Hunnys at 103 N. Main Street
in Guymon.
Everyone is invited to hear
guest speakers State Rep. Casey
Murdock and Oklahoma Farm
Bureau Board Director Alan
Jett.
They will speak about S.Q.
777 and also answer questions
from those at the meeting.
Lunch will be available during the meeting for $5. The
meal will include a sandwich,
chips and drink.

+RRNH 3(2 *OR


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The Marlow Review

Page 4 The Marlow Review, Thursday, October 27, 2016, Marlow, Oklahoma

SUMMARY OF
Oct
27
2016
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STATEQUESTIONS
Seven state questions will appear on the Nov. 8 general election ballot. Legislative
Referendums are placed on the ballot by the Oklahoma Legislature. Initiative
Petitions are placed on the ballot by gathering signatures from citizens. Each
question is reprinted here as it will appear on the ballot followed by a brief summary.



Death Penalty

STATEQUESTION

Education Funding Tax

STATEQUESTION



STATE QUESTION NO. 776


LEGISLATIVE REFERENDUM NO. 367

STATE QUESTION NO. 779


INITIATIVE PETITION NO. 403

This measure adds a new section to the Oklahoma Constitution, Section 9A of Article 2.
The new Section deals with the death penalty. The Section establishes State constitutional
mandates relating to the death penalty and methods of execution. Under these
constitutional requirements:
The Legislature is expressly empowered to designate any method of execution not
prohibited by the United States Constitution.
Death sentences shall not be reduced because a method of execution is ruled to be
invalid.
When an execution method is declared invalid, the death penalty imposed shall remain
in force until it can be carried out using any valid execution method, and
The imposition of a death penalty under Oklahoma lawas distinguished from a
method of executionshall not be deemed to be or constitute the iniction of cruel or
unusual punishment under Oklahomas Constitution, nor to contravene any provision of the
Oklahoma Constitution.

This measure adds a new Article to the Oklahoma Constitution. The article creates a limited
purpose fund to increase funding for public education. It increases State sales and use
taxes by one cent per dollar to provide revenue for the fund. The revenue to be used for
public education shall be allocated: 69.50% for common school districts, 19.25% for the
institutions under the authority of the Oklahoma State Regents for Higher Education, 3.25%
for the Oklahoma Department of Career and Technology Education, and 8% for the State
Department of Education. It requires teacher salary increases funded by this measure
raise teacher salaries by at least $5,000 over the salaries paid in the year prior to adoption
of this measure. It requires an annual audit of school districts use of monies. It prohibits
school districts use of these funds for increasing superintendents salaries or adding
superintendent positions. It requires that monies from the fund not supplant or replace other
educational funding. If the Oklahoma Board of Equalization determines funding has been
replaced, the Legislature may not make any appropriations until the amount of replaced
funding is returned to the fund. The article takes effect on July 1 after its passage.
FOR THE PROPOSAL YES
AGAINST THE PROPOSAL NO

FOR THE PROPOSAL YES


AGAINST THE PROPOSAL NO

SUMMARY: State Question 776 does two things: it addresses the


method of execution for an inmate on death row, and it states that the
death penalty shall not be deemed cruel and unusual punishment. If the
proposal is approved, a new section would be added to the Oklahoma
Constitution that allows the state to continue to impose the death
penalty, even if a specific method of execution becomes unavailable.
Death sentences would remain in effect until they can be carried out by
any method not prohibited by the US Constitution.
If approved, the constitutional amendment would apply to the state
constitution but not the federal constitution or courts applying federal
law.
The Oklahoma death penalty law, enacted in 1976, has been
consistently applied by Oklahoma elected officials: the state executed
191 men and three women between 1915 and 2014 at the Oklahoma
State Penitentiary (82 by electrocution, one by hanging, and 111 by
lethal injection). Statutes specifically allow gas inhalation, electrocution,
and firing squad as backups to the primary form of execution by lethal
injection.
In October 2015, Oklahoma suspended executions for a review of
lethal injection protocols. One of the drugs most commonly used for
lethal injection is sodium thiopental, which is no longer manufactured
in the United States. In 2011, the European Commission imposed
restrictions on the export of certain drugs used for lethal injections in
the United States.
As a result, many states no longer have the drugs used to carry out
lethal injection. Oklahoma has turned to other drugs as a substitute
for sodium thiopental. However, recent instances of executions around
the country in which alternative drugs were used may have produced
adverse outcomes.
The death penalty is legal in thirty-one states, and illegal in nineteen.



Agriculture

STATEQUESTION
STATE QUESTION NO. 777
LEGISLATIVE REFERENDUM NO. 368

This measure adds Section 38 to Article II of the Oklahoma Constitution. The new Section
creates state constitutional rights. It creates the following guaranteed rights to engage in
farming and ranching:
The right to make use of agricultural technology,
The right to make use of livestock procedures, and
The right to make use of ranching practices.
These constitutional rights receive extra protection under this measure that not all
constitutional rights receive. This extra protection is a limit on lawmakers ability to interfere
with the exercise of these rights. Under this extra protection, no law can interfere with
these rights, unless the law is justied by a compelling state interesta clearly identied
state interest of the highest order. Additionally, the law must be necessary to serve that
compelling state interest. The measureand the protections identied abovedo not apply
to and do not impact state laws related to:
Trespass,
Eminent domain,
Dominance of mineral interests,
Easements,
Right of way or other property rights, and
Any state statutes and political subdivision ordinances enacted before December 31,
2014.
FOR THE PROPOSAL YES
AGAINST THE PROPOSAL NO

SUMMARY: If the proposal is approved, the measure would prevent


lawmakers from passing legislation to regulate agriculture unless there
is a compelling state interest. The proposal would forbid the state of
Oklahoma from regulating the use of agricultural technology, livestock
procedures, and ranching practices. The standard of compelling state
interest is a key component to the question because it sets a very high
standard for a law to be judged.
If passed, the proposal would apply to any democratically elected
body that can trace its creation to the state legislature, including county
and city governments, but not school boards. Federal laws would not
be impacted; current state laws about farming and ranching would
be grandfathered in, and would not be repealed by this amendment.
Grandfathered laws could be amended or repealed in the future.
Similar proposals have been presented to voters in other states, first
in North Dakota. A similar amendment passed in Missouri in 2014;
another amendment was considered in Nebraska earlier this year but
was not approved by legislators for a vote of the people. Oklahomas
State Question 777 is inspired in part by opponents of Proposition 2 in
California. Proposition 2 required certain farm animals to be able to lie
down, stand up, fully extend limbs, and turn around freely. SQ 777 is
unique in that it added the compelling state interest clause.
Oklahomas top agricultural products in revenue are cattle, hogs,
poultry, wheat, and dairy. Agriculture is the states fourteenth highest
economic sector, accounting for less than 2 percent of GDP, (higher
than agricultures national rate). For decades, as technology and yields
have advanced, the number of agricultural jobs and farms has declined.
Nine in ten Oklahoma crop and animal operations are owned by private
citizens, many of whom contract with larger corporations.

SUMMARY: If this proposal is approved, Article 8-C would be


added to the Oklahoma Constitution creating a limited purpose
fundthe Education Improvement Fund.
An increase of the sales and use tax by one cent on the dollar
would provide revenue for the fund. School districts that benefit
from the fund would be subject to an annual audit. Funds
generated by the tax cannot be used to replace other state funding
of common, higher, career and technology, and early childhood
education.
The provisions of the new article require a minimum $5,000
salary increase for teachers over the salaries paid in the year prior
to adoption. The funds generated would not be used to increase
the salaries of school superintendents or to add superintendent
positions.
Oklahomas average compensation for teachers, including salary
and benefits, is $44,921. According to the National Education
Association, Oklahoma ranks 49th in the nation in teacher pay.
A section within the new article to the state constitution
establishes that monies collected would be distributed as follows:
69.5 percent to common education
> 86.33 percent of common education funding would be used
to provide teachers with a minimum $5,000 raise and otherwise
address or prevent teacher and certified instruction staff shortages.
> 13.67 percent of common education funding would be used
to adopt or expand, but not maintain, programs, opportunities
or reforms for improving reading in early grades, improving
high school graduation rates, and increasing college and career
readiness.
19.25 percent to higher education
3.25 percent to career and technology education
8 percent to early childhood education

Law Enforcement

STATEQUESTION



STATE QUESTION NO. 780


INITIATIVE PETITION NO. 404
This measure amends existing Oklahoma laws and would change the classication of
certain drug possession and property crimes from felony to misdemeanor. It would make
possession of a limited quantity of drugs a misdemeanor. The amendment also changes
the classication of certain drug possession crimes which are currently considered
felonies and cases where the defendant has a prior drug possession conviction. The
proposed amendment would reclassify these drug possession cases as misdemeanors.
The amendment would increase the threshold dollar amount used for determining whether
certain property crimes are considered a felony or misdemeanor. Currently, the threshold
is $500. The amendment would increase the amount to $1000. Property crimes covered
by this change include; false declaration of a pawn ticket, embezzlement, larceny, grand
larceny, theft, receiving or concealing stolen property, taking domesticated sh or game,
fraud, forgery, counterfeiting, or issuing bogus checks. This measure would become
effective July 1, 2017.
FOR THE PROPOSAL YES
AGAINST THE PROPOSAL NO

Criminal Rehabilitation

STATEQUESTION



STATE QUESTION NO. 781


INITIATIVE PETITION NO. 405
This measure creates the County Community Safety Investment Fund, only if voters
approve State Question 780, the Oklahoma Smart Justice Reform Act. This measure would
create a fund, consisting of any calculated savings or averted costs that accrued to the
State from the implementation of the Oklahoma Smart Justice Reform Act in reclassifying
certain property crimes and drug possession as misdemeanors. The measure requires the
Ofce of Management and Enterprise Services to use either actual data or its best estimate
to determine how much money was saved on a yearly basis. The amount determined
to be saved must be deposited into the Fund and distributed to counties in proportion to
their population to provide community rehabilitative programs, such as mental health and
substance abuse services. This measure will not become effective if State Question 780,
the Oklahoma Smart Justice Reform Act, is not approved by the people. The measure will
become effective on July 1 immediately following its passage.
FOR THE PROPOSAL YES
AGAINST THE PROPOSAL NO

SUMMARY: The implementation of State Question 781 is contingent


on the passage of State Question 780. If SQ 781 is approved by voters, but
SQ 780 is not, none of the changes described in SQ 781 will be enacted.
If both measures are approved, SQ 781 would create the County
Community Safety Investment Fund. That fund would hold any cost
savings achieved by reducing numbers of people incarcerateda
decrease resulting from reclassifying certain property crimes and drug
possession as misdemeanors. The new Investment Fund would be a
revolving fund not subject to fiscal year limitations. Any savings or
averted costs would be calculated by the Office of Management and
Enterprise Services.
If savings are determined, the legislature would be required
to appropriate that amount from the general fund to the County
Community Safety Investment Fund.
The money must be used for county rehabilitative programs, including
those that address mental health and substance abuse, or provide job
training or education. The money would be distributed to Oklahoma
counties in proportion to their population.
The Office of Management and Enterprise Services will use actual
data or make its best estimate when calculating cost savings per year.
Its calculation would be final and would not be adjusted because of
subsequent changes in underlying data.
The intent of SQ 781 is to focus on root causes of criminal behavior
such as addiction and mental health problems, as opposed to placing
more people charged with lower-level offenses behind bars.

Religion & the State

STATEQUESTION



STATE QUESTION NO. 790


LEGISLATIVE REFERENDUM NO. 369
This measure would remove Article 2, Section 5 of the Oklahoma Constitution, which
prohibits the government from using public money or property for the direct or indirect
benet of any religion or religious institution. Article 2, Section 5 has been interpreted by the
Oklahoma courts as requiring the removal of a Ten Commandments monument from the
grounds of the State Capitol. If this measure repealing Article 2, Section 5 is passed, the
government would still be required to comply with the Establishment Clause of the United
States Constitution, which is a similar constitutional provision that prevents the government
from endorsing a religion or becoming overly involved with religion.
FOR THE PROPOSAL YES
AGAINST THE PROPOSAL NO

SUMMARY: State Question 790 addresses public funding and property


use regarding the separation of church and state. It is a proposal to
repeal a section of the states constitution. If the measure is approved,
Article 2, Section 5 of the Oklahoma Constitution would be repealed.
By removing this section, public expenditure or property use for
religious purposes would not be explicitly prohibited.
Under the First Amendment to the United States Constitution,
congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof.
Under the Oklahoma Constitutions Article 2, Section 5, state money
or property cannot be used directly or indirectly to support a church,
sect, denomination, or system of religion.
This state question is a response to recent controversy over display
of the Ten Commandments monument on the grounds of the
Oklahoma State Capitol. In 2009, the Ten Commandments Monument
Display Act was passed by the state legislature and, three years later, a
privately donated Ten Commandments monument was erected on the
grounds of the State Capitol. Lawsuits followed, and by June 2015, the
Oklahoma Supreme Court ruled the monuments placement on state
property was unconstitutional, ordering that it be removed. The basis
for the courts decision was Article 2, Section 5 of the Oklahoma State
Constitution. In October 2015, Oklahoma Governor Mary Fallin called
on the legislature to repeal that section of the state constitution in order
to allow the monument at the State Capitol.

SUMMARY: If the measure is approved, State Question 780 would reclassify certain offenses, such as simple drug possession and property
crimes, as misdemeanors rather than felonies. The reclassification of
the drug possession offense is intended to be applied to persons who
use the drugs, not to those who are selling or manufacturing the drugs.
The measure also would change the dollar amount threshold for property crimes charged as felonies from $500 to $1,000.
The goal of this measure is to reduce the size of the states prison
population and to reduce the amount of state funds being spent on
prisons. SQ 780 proposes to change Oklahoma statutes, not the constitution.
According to the U.S. Bureau of Justice in 2014, Oklahoma had
the second highest incarceration rate in the nation at 700 inmates per
100,000 U.S. residents. Oklahoma also had the highest incarceration
rate for women that year. The total correctional population of a state
includes people incarcerated and on probation or parole.
The Oklahoma Department of Corrections indicated in August
2016 that the prison system was at 104 percent of its capacity with
27,097 inmates being held. Drug offenders comprise 26.3 percent of inmates. Another 23.3 percent of inmates are imprisoned for other nonviolent crimes. According to the Oklahoma DOC 2015 annual report,
the Oklahoma prison population has increased by 22.6 percent since
2006. In fiscal year 2016, the Oklahoma legislature appropriated $485
million to the Oklahoma Department of Corrections.
If the measure is approved, the changes proposed would not be retroactive. Sentences for current inmates would not change.

For more information about State Questions, see the Oklahoma Secretary of State website at
www.sos.ok.gov/gov/state_questions.aspx

Alcohol

STATEQUESTION



STATE QUESTION NO. 792


LEGISLATIVE REFERENDUM NO. 370
This measure repeals Article 28 of the Oklahoma Constitution and restructures the laws
governing alcoholic beverages through a new Article 28A and other laws the Legislature
will create if the measure passes. The new Article 28A provides that with exceptions,
a person or company can have an ownership interest in only one area of the alcoholic
beverage business-manufacturing, wholesaling, or retailing. Some restrictions apply to
the sales of manufacturers, brewers, winemakers, and wholesalers. Subject to limitations,
the Legislature may authorize direct shipments to consumers of wine. Retail locations like
grocery stores may sell wine and beer. Liquor stores may sell products other than alcoholic
beverages in limited amounts. The Legislature must create licenses for retail locations,
liquor stores, and places serving alcoholic beverages and may create other licenses.
Certain licensees must meet residency requirements. Felons cannot be licensees. The
Legislature must designate days and hours when alcoholic beverages may be sold and
may impose taxes on sales. Municipalities may levy an occupation tax. If authorized, a state
lodge may sell individual alcoholic beverages for on-premises consumption but no other
state involvement in the alcoholic beverage business is allowed. With one exception, the
measure will take effect October 1, 2018.
FOR THE PROPOSAL YES
AGAINST THE PROPOSAL NO

SUMMARY: If the proposal is approved, it would repeal Article 28


of the Oklahoma Constitution and replace it with Article 28A, which
restructures the laws governing alcohol. If approved, the measure will
go into effect on October 1, 2018.
Currently, under Oklahoma law, liquor stores can sell full-strength,
unrefrigerated beer but cannot sell cold beer or chilled wine. Liquor
stores can sell wine and spirits but no other items. Grocery and
convenience stores can sell cold low-point beer (3.2 percent alcohol by
weight) but not spirits, wine, or high-point beer.
State Question 792 would change the current alcohol laws to allow
grocery, convenience, and drug stores to sell cold, high-point beer (up
to 8.99 percent alcohol by volume) and wine (up to 15 percent alcohol
by volume). Liquor stores would be allowed to sell cold beer and any
item that also may be purchased in a grocery store or convenience
storeexcept motor fuelin limited amounts. Liquor or spirits will
still only be available for purchase from licensed retail liquor stores.

or the Oklahoma State Election Board website at


www.ok.gov/elections/Election_Info/State_Question_info.html.

Property of OPS News Tracker and members of the Oklahoma Press Association.

The Okarche Chieftain

Oct
27
Congressman

2016
Page
A007
Clip
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56%

Frank

Sheriff elect

Chris

publican officers Julia

the Nov. 8 ballot.

Public forum to focus on SQ 777


Oklahoma Watch, a
QRQSURW PHGLD RUJDQLzation, will hold a public
forum on Thursday, Oct.
27, on the controversial
State Question 777, which
would amend the state
constitution to give the
agricultural industry extra
legal protection.
Oklahoma
WatchOut: The Farming Question will be from 6 p.m.
to 7 p.m. at the Stillwater Community Centers
Lowry Activity Center,
located at 315 W. 8th Ave.
in Stillwater. Featured
guests will be Drew Edmondson, former attorney
general and chair of the
Oklahoma Stewardship
Council, and Roy Lee
Lindsey, Oklahoma Pork
Council executive director.
Oklahoma Watch Executive Editor David Fritze
will moderate the discussion. Those interested in
attending are encouraged
to register online and come
with questions.
Proponents have called

the proposal a right to


farm amendment that
would protect Oklahomas farmers and ranchers from overly restrictive
laws pushed by animalrights and other advocacy
groups. Opponents have
called it a right to harm
measure that would insulate corporate agricultural
interests from regulation
and legal challenges regarding practices harmful
to people or animals.
Lindsey has served as
executive director of the
Oklahoma Pork Council for the past 17 years,
Lindsey oversees the
daily operations of the
council, including product
promotion, industry promotion and public advocacy. Lindsey also serves
on the steering committee
for Oklahoma Farmers
Care SQ777.
Lindsey grew up in
Cordell. He worked at his
fathers farm-equipment
dealership and the familys small farm raising
wheat, alfalfa and regis-

tered Angus and crossbred cattle. He attended


Oklahoma State University and majored in agricultural communications.
In 1989, Lindsey began
working in the customer
service department of the
parts division of Deutz
Allis Corp. in Batavia, Illinois. Nearly three years
later, Lindsey returned to
268 WR QLVK KLV EDFKelors degree in agricultural communication and
earn a masters degree in
agricultural education.
As a former state attorney general and district
attorney, Drew Edmondson has been involved in
KLJKSUROH FULPLQDO DQG
civil litigation in Oklahoma.
Prior to his four terms
as attorney general, Edmondson was also elected
unopposed to three consecutive terms as Muskogee County District Attorney. Edmondson is a
graduate of the University
of Tulsa College of Law
and Northeastern State

University. He is a Navy
veteran and had a tour of
duty in Vietnam.
Edmondson now serves
as chair of the Oklahoma
Stewardship Council, a
coalition of family farmers, community leaders
and concerned citizens
opposing State Question
777. He has been a longtime advocate for preserving Oklahomas natural
resources and has repreVHQWHG WKH VWDWH LQ HRUWV
to protect the states water
and animals.

Property of OPS News Tracker and members of the Oklahoma Press Association.

Oct 2016 Page


27
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The Perkins Journal

Extension Corner
By Payne County Extension Educators
Nathan Anderson, Agriculture Educator
Dea Rash, FCS Educator
Keith Reed, Horticulture Educator
Summer Leister, 4-H Educator
Suzette Barta, Rural Development
http://oces.okstate.edu/payne

AG NEWS
SQ777
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4-H NEWS
Payne County 4-Hers participate in National Youth
Science Day
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Oct 2016 Page


27
A004

Clip
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The Perkins Journal

y
a
s
p
l
e
e
t
ft
o

777 - Yes or No
Many people are asking questions about SQ 777
and from the ads on TV are wondering how they
should vote. Two factors need to be considered. If
you believe animals should not be grown for food
purposes, then you should vote NO. If you believe
it is acceptable for animals to be grown for food purposes, then you should vote YES. Groups pushing
for a NO vote have one goal in mind, to eliminate
animal agriculture. The other factors stated in
the TV ads by the opposition are a non-issue. I am
voting YES on SQ777.

g
r Verlin Hart
Agra

No Brainer
Property of OPS News Tracker and members of the Oklahoma Press Association.

The Piedmont-Surrey Gazette

Oct
27
2016
Page
A003
Clip
resized
51%

n
xnd
nts
he
de
of
o,

Poll shows more voters oppose SQ 777

In a divisive political
year, Oklahomans from
across the state have
found a common cause
the defeat of State Question 777. A recent poll
indicates 49 percent of
those polled oppose the
question compared to
only 37 percent who support.
The diversity of opposition includes individual
Oklahomans and organizations from virtually every sector of Oklahoma
culture and counts among
its members: farmers,
community leaders, municipalities, tribes, political organizations, environmental groups, media
outlets, animal welfare
organizations, religious
JURXSV DQG HOHFWHG Rcials.
SQ 777 gives the highnd est level of constitutional
an legal protections to a
KLV broad range of agriculee tural activities. The probist lem, opponents say, is the

proposals language is so
er- expansive and the protecd, tions so complete that it
to virtually prohibits local,
ut FRXQW\ DQG VWDWH RFLDOV
from enacting necessary
in and reasonable regulaer- tion, including protecting
he surface and groundwater
. from pollution. Moree- over, SQ 777 rolls back
x- all laws and regulations
er. to those in place on Dec.
ed 31, 2014.
ut
Its rare to see indie- viduals and organizations
he with such varied misait sions and goals, some of
d.

which are in direct conLFW XQLI\ XQGHU D FRPmon banner, said Drew
Edmondson, Oklahoma
Stewardship
Council
chairman and former
Oklahoma attorney general. To see a coalition
come together that is this
large and with this level
of diversity shows just
how dangerous this unnecessary change to our
state constitution really
is.
The long list of community leaders and organizations
opposing
SQ 777 includes the Intertribal Council of the
Five Civilized Tribes,
Oklahoma
Conference
of Churches, former University of Oklahoma and
Dallas Cowboys football
coach Barry Switzer,
League of Women Voters,
former Oklahoma governor David Walters, the
Cherokee Nation, Chickasaw Nation, Seminole
Nation, Choctaw Nation,
Muscogee (Creek) Nation, Humane Society of
the United States, Save
the Illinois River, Conservation Coalition of Oklahoma, Oklahomans for
Food, Farm and Family,
National Wildlife Federation, Tulsa Food Security
Council and many more.
Farmers and ranchers
from all over Oklahoma
are also standing up to
protest this proposed
amendment. They underVWDQG LW ZLOO QRW EHQHW
Oklahomas family farms
but instead will serve

only to help large-scale,


corporate agricultural operations.
Opposition to the proposal has reached across
party lines. For example,
the Cherokee County Republican Women and the
Cherokee County Federation of Democratic
Women have signed a
joint resolution opposing SQ 777. The Tahlequah Daily Press called
the agreement a historic
show of solidarity.
Moreover, many Oklahoma municipalities are
encouraging residents to
educate themselves about
the dangers of SQ 777
and several have issued
resolutions warning of its
dangers including Tulsa,
Oklahoma City, Edmond,
Tahlequah,
Norman,
Muskogee, Choctaw and
Broken Bow among others. Additionally, the
Oklahoma
Municipal
League and the Association of Central Oklahoma
Governments are opposed to the measure.
Newspapers
from
across the state are also
urging voters to reject
the proposal with editorials appearing in the Tulsa

World, Enid News and


Eagle, Muskogee Phoenix, Journal Record, Norman Transcript, Tahlequah Daily Press and
others.
This is not an issue of
urban versus rural or left
versus right, said Edmondson. This issue is
uniting Oklahomans who
share a common concern
about our states ability
to set our own laws and
regulations without excessive interference from
federal bureaucrats and
out-of-state corporate interests.
Oklahomans have
had the right to farm
since statehood; its already protected in statute, Edmondson added.
The opposition to this
measure sees it for what
it really is. Its a risky,
dangerous solution in
search of a problem, and
DOOWREHQHWPXOWLQDWLRQal agricultural corporations and not Oklahomas
family farmers.
The Oklahoma Stewardship Council is a coalition of family farmers,
community leaders and
concerned citizens opposing SQ 777.

Property of OPS News Tracker and members of the Oklahoma Press Association.

The Piedmont-Surrey Gazette

10A Thursday, October 27, 2016


Oct
27
2016
Page
A010
Clip
resized
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Public forum to focus


on farming question
Oklahoma Watch, a
QRQSURW PHGLD RUJDQLzation, will hold a public
forum on Thursday, Oct.
27, on the controversial State Question 777,
which would amend the
state constitution to give
the agricultural industry
extra legal protection.
Oklahoma
WatchOut: The Farming Question will be from 6 p.m.
to 7 p.m. at the Stillwater Community Centers

Lowry Activity Center, located at 315 W.


8th Ave. in Stillwater.
Featured guests will be
Drew Edmondson, former attorney general and
chair of the Oklahoma
Stewardship
Council,
and Roy Lee Lindsey,
Oklahoma Pork Council
executive director.
Oklahoma Watch Executive Editor David
Fritze will moderate the
discussion. Those inter-

We Now Carry
the

COMPLETE
LINE OF

Piedmont Pharmacy & Gifts

ested in attending are


encouraged to register
online and come with
questions.
Proponents
have
called the proposal a
right to farm amendment that would protect
Oklahomas farmers and
ranchers from overly restrictive laws pushed by
animal-rights and other
advocacy groups.
Opponents have called
it a right to harm measure that would insulate
corporate
agricultural
interests from regulation
and legal challenges regarding practices harmful to people or animals.
Lindsey has served as
executive director of the
Oklahoma Pork Council for the past 17 years,
Lindsey oversees the
daily operations of the
council, including product promotion, industry
promotion and public
advocacy.

Property of OPS News Tracker and members of the Oklahoma Press Association.

The Prague Times-Herald

Oct
27
2016
Page
A001
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resized
33%

Summary of State Questions on


November 8 General Election ballot
Seven state questions
will appear on the November 8 General Election ballot. Legislative Referendums are placed on the
ballot by the Oklahoma
Legislature. Initiative Petitions are placed on the ballot
by gathering signatures from
citizens. Each question is
reprinted here as it will appear on the ballot followed
by a brief summary.
Death Penalty
STATE QUESTION 776
LEGISLATIVE REFERENDUM NO. 367
This measure adds a new
section to the Oklahoma
Constitution, Section 9A of
Article 2. The new Section
deals with the death penalty.
The Section establishes State
constitutional mandates relating to the death penalty
and methods of execution.
Under these constitutional
requirements:
The Legislature is expressly empowered to designate
any method of execution
not prohibited by the United
States Constitution.
Death sentences shall not
be reduced because a method of execution is ruled to
be invalid.
When an execution method
is declared invalid, the death
penalty imposed shall remain in force until it can be
carried out using any valid
execution method, and
The imposition of a death
penalty under Oklahoma
law-as distinguished from
a method of execution
shall not be deemed to be
or constitute the iniction of
cruel or unusual punishment
under Oklahomas Constitution, nor to contravene any
provision of the Oklahoma
Constitution.
FOR THE PROPOSAL
YES
AGAINST THE PROPOSAL NO
Summary: State Question 776 does two things:
it addresses the method of
execution for an inmate on
death row, and it states that
the death penalty shall not
be deemed cruel and unusual
punishment. If the proposal

is approved, a new section would be added to the


Oklahoma Constitution that
allows the state to continue
to impose the death penalty,
even if a specic method of
execution becomes unavailable. Death sentences would
remain in effect until they
can be carried out by any
method not prohibited by
the US Constitution.
If approved, the constitutional amendment would
apply to the state constitution but not the federal constitution or courts applying
federal law.
The Oklahoma death
penalty law, enacted in 1976,
has been consistently applied by Oklahoma elected
ofcials: the state executed
191 men and three women
between 1915 and 2014 at
the Oklahoma State Penitentiary (82 by electrocution,
one by hanging, and 111 by
lethal injection). Statutes
specically allow gas inhalation, electrocution, and ring squad as backups to the
primary form of execution
by lethal injection.
In October 2015, Oklahoma suspended executions for a review of lethal
injection protocols. One of
the drugs most commonly
used for lethal injection is
sodium thiopental, which is
no longer manufactured in
the United States. In 2011,
the European Commission
imposed restrictions on the
export of certain drugs used
for lethal injections in the
United States.
As a result, many states
no longer have the drugs
used to carry out lethal
injection. Oklahoma has
turned to other drugs as a
substitute for sodium thiopental. However, recent
instances of executions
around the country in which
alternative drugs were used
may have produced adverse
outcomes.
The death penalty is legal in thirty-one states, and
illegal in nineteen.
Agriculture STATE
QUESTION 777
LEGISLATIVE REFEREN-

DUM NO. 368


This measure adds Section
38 to Article II of the Oklahoma Constitution. The new
Section creates state constitutional rights. It creates the
following guaranteed rights
to engage in farming and
ranching:
The right to make use of
agricultural technology,
The right to make use of
livestock procedures, and
The right to make use of
ranching practices.
These constitutional rights
receive extra protection under this measure that not all
constitutional rights receive.
This extra protection is a
limit on lawmakers ability
to interfere with the exercise
of these rights. Under this
extra protection, no law can
interfere with these rights,
unless the law is justied
by a compelling state interesta clearly identified
state interest of the highest order. Additionally, the
law must be necessary to
serve that compelling state
interest. The measureand
the protections identified
abovedo not apply to and
do not impact state laws
related to:

I am really excited
to be back in Prague and
working in my hometown,
Angie said. It is so good to
be home again and seeing
all the familiar faces.
Angie has been with the
Postal Service for 17 years.
She started in 1999 as a City
Carrier in Tecumseh, then
she went to Clerk at the
Tecumseh Post Ofce. In
2002 Angie transferred to
Prague as a Clerk and a substitute for City Routes. In
2005 she got her rst Post
Master job in Castle, then in
2010 served as Post Master
for Maud. She transferred

from Maud to Seminole as a


Supervisor in 2014 and then
in 2015 went to McLoud as
their Post Master.
Besides serving as Post
Master for Prague, she also
serves in that capacity for
Paden and Boley.
Angie grew up in Prague

Nicole VanZant and daughter Amy and her husband


Dusty Lakins, all of Prague.
Angie and Jay started foster
care for children in 2005
and have adopted three
other children and are fostering one child at this time.
They include Raylee, Issy,
Aaron and Lekota. The
VanZants also have six
grandchildren.
Here at the Post Ofce we are always ready to
meet and assist the public,
Angie stated. I have a
tremendous staff here in
Prague. Come by and see
us.

Trespass,
Eminent domain,
Dominance of mineral
interests,
Easements,
Right of way or other property rights, and
Any state statutes and
political subdivision ordinances enacted before
December 31, 2014.
FOR THE PROPOSAL
YES
AGAINST THE PROPOSAL NO
Summary: If the proposal is approved, the measure
would prevent lawmakers
from passing legislation to
regulate agriculture unless
there is a compelling state
interest. The proposal would
forbid the state of Oklahoma

from regulating the use of


agricultural technology,
livestock procedures, and
ranching practices. The standard of compelling state interest is a key component to
the question because it sets a
very high standard for a law
to be judged.
If passed, the proposal
would apply to any democratically elected body that
can trace its creation to the
state legislature, including county and city governments, but not school
boards. Federal laws would
not be impacted; current
state laws about farming and
ranching would be grandfathered in, and would not be
repealed by this amendment.
Grandfathered laws could

be amended or repealed in
the future.
Similar proposals have
been presented to voters in
other states, rst in North
Dakota. A similar amendment passed in Missouri in
2014; another amendment
was considered in Nebraska
earlier this year but was
not approved by legislators
for a vote of the people.
Oklahomas State Question
777 is inspired in part by
opponents of Proposition 2
in California. Proposition 2
required certain farm animals to be able to lie down,
stand up, fully extend limbs,
and turn around freely. SQ
777 is unique in that it added
the compelling state inter(Cont. on page 2A)

Angie VanZant
Prague Post Master

Area Events
Pie Auction
The coaching staff at Prague High School will host a fundraiser Pie Auction this
Friday, October 28, at 5:30 p.m. at the Community Center. There will be 25 pies auctioned to raise funds to purchase a high-speed training treadmill that will be used for
all school athletes. Everyone is encouraged to attend.
***

Senior Night
Prague Football will host Star Spencer this Friday night at 7:30 p.m. for its last
regular game of the season. This is Senior Night recognition for football, band, cheer,
and cross country. The recognition ceremony will be held at 7:00 p.m.
***

Planning Commission
The Prague Planning Commission will meet at 6:30 p.m. Tuesday, November 1, in
the Council Chambers at City Hall.
***

Kolache Festival
A Kolache Festival meeting is scheduled for 6:30 p.m. Thursday, November 3, at
Vision Bank.

Business Workshop
Main Street Prague is hosting Google My Business Workshop Tuesday, November
1 at Vision Bank Community Room at 6:00 pm. Come learn how to put your business
on the map!

Property of OPS News Tracker and members of the Oklahoma Press Association.

The Prague Times-Herald

S-HERALD

State Questions
(Continued from Page 1)

Oct
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2016
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est clause.
Oklahomas top agricultural products in revenue
are cattle, hogs, poultry,
wheat, and dairy. Agriculture is the states fourteenth
highest economic sector,
accounting for less than 2
percent of GDP, (higher than
agricultures national rate).
For decades, as technology
and yields have advanced,
the number of agricultural
jobs and farms has declined.
Nine in ten Oklahoma crop
and animal operations are
owned by private citizens,
many of whom contract with
larger corporations.
Education Funding Tax
STATE QUESTION 779
INITIATIVE PETITION
NO. 403
This measure adds a new
Article to the Oklahoma
Constitution. The article
creates a limited purpose
fund to increase funding
for public education. It increases State sales and use
taxes by one cent per dollar
to provide revenue for the
fund. The revenue to be
used for public education
shall be allocated: 69.50%
for common school districts,
19.25% for the institutions
under the authority of the
Oklahoma State Regents for
Higher Education, 3.25%
for the Oklahoma Department of Career and Technology Education, and 8%
for the State Department
of Education. It requires
teacher salary increases
funded by this measure raise
teacher salaries by at least
$5,000 over the salaries paid
in the year prior to adoption
of this measure. It requires
an annual audit of school
districts use of monies. It
prohibits school districts
use of these funds for increasing superintendents
salaries or adding superintendent positions. It requires
that monies from the fund
not supplant or replace other
educational funding. If the
Oklahoma Board of Equalization determines funding has been replaced, the
Legislature may not make
any appropriations until the
amount of replaced funding
is returned to the fund. The
article takes effect on July 1
after its passage.
FOR THE PROPOSAL
YES
AGAINST THE PROPOSAL NO
Summary: If this proposal

Paden
New Age
OCT. 31 NOV. 4
MONDAY: Halloween
Menu
TUESDAY: Super stew
with rice, squash/zucchini,
cornbread, margarine, pie,
milk
WEDNESDAY: Turkey tetrazzini, California vegetable
mix, dinner roll, applesauce,
yellow sheet cake with choc-

is approved, Article 8-C


would be added to the Oklahoma Constitution creating
a limited purpose fundthe
Education Improvement
Fund.
An increase of the sales
and use tax by one cent on
the dollar would provide
revenue for the fund. School
districts that benefit from
the fund would be subject
to an annual audit. Funds
generated by the tax cannot
be used to replace other state
funding of common, higher,
career and technology, and
early childhood education.
The provisions of the new
article require a minimum
$5,000 salary increase for
teachers over the salaries
paid in the year prior to
adoption. The funds generated would not be used to increase the salaries of school
superintendents or to add
superintendent positions.
Oklahomas average compensation for teachers, including salary and benets,
is $44,921. According to
the National Education Association, Oklahoma ranks
49th in the nation in teacher
pay.
A section within the new article to the state constitution
establishes that monies collected would be distributed
as follows:
69.5 percent to common
education
> 86.33 percent of common
education funding would be
used to provide teachers with
a minimum $5,000 raise and
otherwise address or prevent
teacher and certied instruction staff shortages.
> 13.67 percent of common
education funding would
be used to adopt or expand,
but not maintain, programs,
opportunities or reforms for
improving reading in early
grades, improving high
school graduation rates,
and increasing college and
career readiness.
19.25 percent to higher
education
3.25 percent to career and
technology education
8 percent to early childhood education
Law Enforcement
STATE QUESTION 780
INITIATIVE PETITION
NO. 404
This measure amends
existing Oklahoma laws and
would change the classication of certain drug possession and property crimes
from felony to misdemeanor. It would make possession of a limited quantity of
drugs a misdemeanor. The
amendment also changes the
classication of certain drug
possession crimes which
are currently considered
felonies and cases where the
defendant has a prior drug
possession conviction. The
proposed amendment would
reclassify these drug possession cases as misdemeanors.
The amendment would increase the threshold dollar

amount used for determining whether certain property crimes are considered
a felony or misdemeanor.
Currently, the threshold
is $500. The amendment
would increase the amount
to $1000. Property crimes
covered by this change include; false declaration of a
pawn ticket, embezzlement,
larceny, grand larceny, theft,
receiving or concealing stolen property, taking domesticated sh or game, fraud,
forgery, counterfeiting, or
issuing bogus checks. This
measure would become effective July 1, 2017.
FOR THE PROPOSAL
YES
AGAINST THE PROPOSAL NO
Summary: If the measure is approved, State
Question 780 would reclassify certain offenses, such
as simple drug possession
and property crimes, as
misdemeanors rather than
felonies. The reclassication of the drug possession
offense is intended to be
applied to persons who use
the drugs, not to those who
are selling or manufacturing the drugs. The measure
also would change the dollar amount threshold for
property crimes charged
as felonies from $500 to
$1,000.
The goal of this measure
is to reduce the size of the
states prison population
and to reduce the amount of
state funds being spent on
prisons. SQ 780 proposes to
change Oklahoma statutes,
not the constitution.
According to the U.S.
Bureau of Justice in 2014,
Oklahoma had the second
highest incarceration rate
in the nation at 700 inmates
per 100,000 U.S. residents.
Oklahoma also had the highest incarceration rate for
women that year. The total
correctional population of a
state includes people incarcerated and on probation or
parole.
The Oklahoma Department of Corrections indicated in August 2016 that
the prison system was at 104
percent of its capacity with
27,097 inmates being held.
Drug offenders comprise
26.3 percent of inmates.
Another 23.3 percent of
inmates are imprisoned for
other nonviolent crimes.
According to the Oklahoma
DOC 2015 annual report,
the Oklahoma prison pop-

ulation has increased by


22.6 percent since 2006. In
scal year 2016, the Oklahoma legislature appropriated $485 million to the
Oklahoma Department of
Corrections.
If the measure is approved, the changes proposed would not be retroactive. Sentences for current
inmates would not change.
Criminal Rehabilitation
STATE QUESTION 781
INITIATIVE PETITION
NO. 405
This measure creates
the County Community
Safety Investment Fund,
only if voters approve State
Question 780, the Oklahoma
Smart Justice Reform Act.
This measure would create a
fund, consisting of any calculated savings or averted
costs that accrued to the
State from the implementation of the Oklahoma Smart
Justice Reform Act in reclassifying certain property
crimes and drug possession
as misdemeanors. The measure requires the Ofce of
Management and Enterprise
Services to use either actual
data or its best estimate to
determine how much money
was saved on a yearly basis.
The amount determined to
be saved must be deposited
into the Fund and distributed
to counties in proportion to
their population to provide
community rehabilitative
programs, such as mental
health and substance abuse
services. This measure will
not become effective if State
Question 780, the Oklahoma
Smart Justice Reform Act, is
not approved by the people.
The measure will become
effective on July 1 immediately following its passage.
FOR THE PROPOSAL
YES
AGAINST THE PROPOSAL NO
Summary: The implementation of State Question
781 is contingent on the
passage of State Question
780. If SQ 781 is approved
by voters, but SQ 780 is
not, none of the changes
described in SQ 781 will be
enacted.
(Continued next week)
***
The beginning of knowledge is the discovery of
something we do not understand.
If you greatly desire something, have the guts to stake
everything on obtaining it.

y
913 S. Jim Thorpe Blvd

5:00 am - 2:00 pm
Sub Sandwiches Are Back!!! With Homemade Bread!!!
Turkey * Ham * Philly Steak * Multiple Toppings *

Come try our Kolunches!


Monte Cristo - The Czech - Philly Cheesesteak - Chorizo
* ham, turkey, raspberry
sauce, swiss cheese

* polish sausage
sauerkraut, poppyseed

* philly steak,
swiss cheese

* chorizo link, shredded


pepperjack, jalapenos

Soup & Salad! * Lunch Combos!!


And of course you can still enjoy Doughnuts, Biscuits & Gravy,
Cookies, Kolaches, Variety Breads, and Cakes by Order!

Property of OPS News Tracker and members of the Oklahoma Press Association.

The Purcell Register

%7+(385&(//5(*,67(57KXUVGD\2FWREHU

SUMMARY OF
Oct
27
2016
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STATEQUESTIONS
Seven state questions will appear on the Nov. 8 general election ballot. Legislative
Referendums are placed on the ballot by the Oklahoma Legislature. Initiative Petitions are
placed on the ballot by gathering signatures from citizens. Each question is reprinted here
as it will appear on the ballot followed by a brief summary.
Death Penalty

STATEQUESTION



Education Funding Tax

STATEQUESTION



STATE QUESTION NO. 776


LEGISLATIVE REFERENDUM NO. 367

STATE QUESTION NO. 779


INITIATIVE PETITION NO. 403

This measure adds a new section to the Oklahoma Constitution, Section 9A of Article 2. The new
Section deals with the death penalty. The Section establishes State constitutional mandates relating
to the death penalty and methods of execution. Under these constitutional requirements:
The Legislature is expressly empowered to designate any method of execution not prohibited by
the United States Constitution.
Death sentences shall not be reduced because a method of execution is ruled to be invalid.
When an execution method is declared invalid, the death penalty imposed shall remain in force
until it can be carried out using any valid execution method, and
The imposition of a death penalty under Oklahoma lawas distinguished from a method of
executionshall not be deemed to be or constitute the iniction of cruel or unusual punishment
under Oklahomas Constitution, nor to contravene any provision of the Oklahoma Constitution.
FOR THE PROPOSAL YES
AGAINST THE PROPOSAL NO

This measure adds a new Article to the Oklahoma Constitution. The article creates a limited
purpose fund to increase funding for public education. It increases State sales and use taxes by one
cent per dollar to provide revenue for the fund. The revenue to be used for public education shall be
allocated: 69.50% for common school districts, 19.25% for the institutions under the authority of the
Oklahoma State Regents for Higher Education, 3.25% for the Oklahoma Department of Career and
Technology Education, and 8% for the State Department of Education. It requires teacher salary
increases funded by this measure raise teacher salaries by at least $5,000 over the salaries paid
in the year prior to adoption of this measure. It requires an annual audit of school districts use of
monies. It prohibits school districts use of these funds for increasing superintendents salaries or
adding superintendent positions. It requires that monies from the fund not supplant or replace other
educational funding. If the Oklahoma Board of Equalization determines funding has been replaced,
the Legislature may not make any appropriations until the amount of replaced funding is returned to
the fund. The article takes effect on July 1 after its passage.
FOR THE PROPOSAL YES

SUMMARY: State Question 776 does two things: it addresses the method of
execution for an inmate on death row, and it states that the death penalty shall
not be deemed cruel and unusual punishment. If the proposal is approved, a
new section would be added to the Oklahoma Constitution that allows the
state to continue to impose the death penalty, even if a specific method of
execution becomes unavailable. Death sentences would remain in effect until
they can be carried out by any method not prohibited by the US Constitution.
If approved, the constitutional amendment would apply to the state
constitution but not the federal constitution or courts applying federal law.
The Oklahoma death penalty law, enacted in 1976, has been consistently
applied by Oklahoma elected officials: the state executed 191 men and
three women between 1915 and 2014 at the Oklahoma State Penitentiary
(82 by electrocution, one by hanging, and 111 by lethal injection). Statutes
specifically allow gas inhalation, electrocution, and firing squad as backups to
the primary form of execution by lethal injection.
In October 2015, Oklahoma suspended executions for a review of lethal
injection protocols. One of the drugs most commonly used for lethal injection
is sodium thiopental, which is no longer manufactured in the United States.
In 2011, the European Commission imposed restrictions on the export of
certain drugs used for lethal injections in the United States.
As a result, many states no longer have the drugs used to carry out lethal
injection. Oklahoma has turned to other drugs as a substitute for sodium
thiopental. However, recent instances of executions around the country in
which alternative drugs were used may have produced adverse outcomes.
The death penalty is legal in thirty-one states, and illegal in nineteen.

Agriculture

STATEQUESTION



STATE QUESTION NO. 777


LEGISLATIVE REFERENDUM NO. 368
This measure adds Section 38 to Article II of the Oklahoma Constitution. The new Section creates
state constitutional rights. It creates the following guaranteed rights to engage in farming and
ranching:
The right to make use of agricultural technology,
The right to make use of livestock procedures, and
The right to make use of ranching practices.
These constitutional rights receive extra protection under this measure that not all constitutional
rights receive. This extra protection is a limit on lawmakers ability to interfere with the exercise
of these rights. Under this extra protection, no law can interfere with these rights, unless the law
is justied by a compelling state interesta clearly identied state interest of the highest order.
Additionally, the law must be necessary to serve that compelling state interest. The measureand
the protections identied abovedo not apply to and do not impact state laws related to:
Trespass,
Eminent domain,
Dominance of mineral interests,
Easements,
Right of way or other property rights, and
Any state statutes and political subdivision ordinances enacted before December 31, 2014.
FOR THE PROPOSAL YES
AGAINST THE PROPOSAL NO

SUMMARY: If the proposal is approved, the measure would prevent


lawmakers from passing legislation to regulate agriculture unless there is a
compelling state interest. The proposal would forbid the state of Oklahoma
from regulating the use of agricultural technology, livestock procedures,
and ranching practices. The standard of compelling state interest is a key
component to the question because it sets a very high standard for a law to
be judged.
If passed, the proposal would apply to any democratically elected body
that can trace its creation to the state legislature, including county and city
governments, but not school boards. Federal laws would not be impacted;
current state laws about farming and ranching would be grandfathered in,
and would not be repealed by this amendment. Grandfathered laws could be
amended or repealed in the future.
Similar proposals have been presented to voters in other states, first in
North Dakota. A similar amendment passed in Missouri in 2014; another
amendment was considered in Nebraska earlier this year but was not approved
by legislators for a vote of the people. Oklahomas State Question 777 is inspired
in part by opponents of Proposition 2 in California. Proposition 2 required
certain farm animals to be able to lie down, stand up, fully extend limbs, and
turn around freely. SQ 777 is unique in that it added the compelling state
interest clause.
Oklahomas top agricultural products in revenue are cattle, hogs, poultry,
wheat, and dairy. Agriculture is the states fourteenth highest economic sector,
accounting for less than 2 percent of GDP, (higher than agricultures national
rate). For decades, as technology and yields have advanced, the number of
agricultural jobs and farms has declined. Nine in ten Oklahoma crop and
animal operations are owned by private citizens, many of whom contract with
larger corporations.

AGAINST THE PROPOSAL NO

SUMMARY: If this proposal is approved, Article 8-C would be added


to the Oklahoma Constitution creating a limited purpose fundthe
Education Improvement Fund.
An increase of the sales and use tax by one cent on the dollar would
provide revenue for the fund. School districts that benefit from the fund
would be subject to an annual audit. Funds generated by the tax cannot
be used to replace other state funding of common, higher, career and
technology, and early childhood education.
The provisions of the new article require a minimum $5,000 salary
increase for teachers over the salaries paid in the year prior to adoption.
The funds generated would not be used to increase the salaries of school
superintendents or to add superintendent positions.
Oklahomas average compensation for teachers, including salary and
benefits, is $44,921. According to the National Education Association,
Oklahoma ranks 49th in the nation in teacher pay.
A section within the new article to the state constitution establishes
that monies collected would be distributed as follows:
69.5 percent to common education
> 86.33 percent of common education funding would be used to
provide teachers with a minimum $5,000 raise and otherwise address or
prevent teacher and certified instruction staff shortages.
> 13.67 percent of common education funding would be used to
adopt or expand, but not maintain, programs, opportunities or reforms
for improving reading in early grades, improving high school graduation
rates, and increasing college and career readiness.
19.25 percent to higher education
3.25 percent to career and technology education
8 percent to early childhood education

Criminal Rehabilitation

STATEQUESTION



STATE QUESTION NO. 781


INITIATIVE PETITION NO. 405
This measure creates the County Community Safety Investment Fund, only if voters approve
State Question 780, the Oklahoma Smart Justice Reform Act. This measure would create a
fund, consisting of any calculated savings or averted costs that accrued to the State from the
implementation of the Oklahoma Smart Justice Reform Act in reclassifying certain property crimes
and drug possession as misdemeanors. The measure requires the Ofce of Management and
Enterprise Services to use either actual data or its best estimate to determine how much money
was saved on a yearly basis. The amount determined to be saved must be deposited into the Fund
and distributed to counties in proportion to their population to provide community rehabilitative
programs, such as mental health and substance abuse services. This measure will not become
effective if State Question 780, the Oklahoma Smart Justice Reform Act, is not approved by the
people. The measure will become effective on July 1 immediately following its passage.
FOR THE PROPOSAL YES
AGAINST THE PROPOSAL NO

SUMMARY: The implementation of State Question 781 is contingent on the


passage of State Question 780. If SQ 781 is approved by voters, but SQ 780 is
not, none of the changes described in SQ 781 will be enacted.
If both measures are approved, SQ 781 would create the County Community
Safety Investment Fund. That fund would hold any cost savings achieved
by reducing numbers of people incarcerateda decrease resulting from
reclassifying certain property crimes and drug possession as misdemeanors.
The new Investment Fund would be a revolving fund not subject to fiscal year
limitations. Any savings or averted costs would be calculated by the Office of
Management and Enterprise Services.
If savings are determined, the legislature would be required to
appropriate that amount from the general fund to the County Community
Safety Investment Fund.
The money must be used for county rehabilitative programs, including
those that address mental health and substance abuse, or provide job training
or education. The money would be distributed to Oklahoma counties in
proportion to their population.
The Office of Management and Enterprise Services will use actual data or
make its best estimate when calculating cost savings per year. Its calculation
would be final and would not be adjusted because of subsequent changes in
underlying data.
The intent of SQ 781 is to focus on root causes of criminal behavior
such as addiction and mental health problems, as opposed to placing more
people charged with lower-level offenses behind bars.

Religion & the State

STATEQUESTION



STATE QUESTION NO. 790


LEGISLATIVE REFERENDUM NO. 369
This measure would remove Article 2, Section 5 of the Oklahoma Constitution, which prohibits the
government from using public money or property for the direct or indirect benet of any religion or
religious institution. Article 2, Section 5 has been interpreted by the Oklahoma courts as requiring
the removal of a Ten Commandments monument from the grounds of the State Capitol. If this
measure repealing Article 2, Section 5 is passed, the government would still be required to comply
with the Establishment Clause of the United States Constitution, which is a similar constitutional
provision that prevents the government from endorsing a religion or becoming overly involved with
religion.
FOR THE PROPOSAL YES
AGAINST THE PROPOSAL NO

SUMMARY: State Question 790 addresses public funding and property

Law Enforcement

STATEQUESTION



STATE QUESTION NO. 780


INITIATIVE PETITION NO. 404
This measure amends existing Oklahoma laws and would change the classication of certain drug
possession and property crimes from felony to misdemeanor. It would make possession of a limited
quantity of drugs a misdemeanor. The amendment also changes the classication of certain drug
possession crimes which are currently considered felonies and cases where the defendant has a
prior drug possession conviction. The proposed amendment would reclassify these drug possession
cases as misdemeanors. The amendment would increase the threshold dollar amount used for
determining whether certain property crimes are considered a felony or misdemeanor. Currently, the
threshold is $500. The amendment would increase the amount to $1000. Property crimes covered
by this change include; false declaration of a pawn ticket, embezzlement, larceny, grand larceny,
theft, receiving or concealing stolen property, taking domesticated sh or game, fraud, forgery,
counterfeiting, or issuing bogus checks. This measure would become effective July 1, 2017.
FOR THE PROPOSAL YES
AGAINST THE PROPOSAL NO

SUMMARY: If the measure is approved, State Question 780 would reclassify certain offenses, such as simple drug possession and property crimes, as
misdemeanors rather than felonies. The reclassification of the drug possession offense is intended to be applied to persons who use the drugs, not to
those who are selling or manufacturing the drugs. The measure also would
change the dollar amount threshold for property crimes charged as felonies
from $500 to $1,000.
The goal of this measure is to reduce the size of the states prison population and to reduce the amount of state funds being spent on prisons. SQ 780
proposes to change Oklahoma statutes, not the constitution.
According to the U.S. Bureau of Justice in 2014, Oklahoma had the second
highest incarceration rate in the nation at 700 inmates per 100,000 U.S. residents. Oklahoma also had the highest incarceration rate for women that year.
The total correctional population of a state includes people incarcerated and
on probation or parole.
The Oklahoma Department of Corrections indicated in August 2016 that
the prison system was at 104 percent of its capacity with 27,097 inmates being
held. Drug offenders comprise 26.3 percent of inmates. Another 23.3 percent of inmates are imprisoned for other nonviolent crimes. According to
the Oklahoma DOC 2015 annual report, the Oklahoma prison population
has increased by 22.6 percent since 2006. In fiscal year 2016, the Oklahoma
legislature appropriated $485 million to the Oklahoma Department of Corrections.
If the measure is approved, the changes proposed would not be retroactive.
Sentences for current inmates would not change.

For more information about State Questions, see the Oklahoma Secretary of State website at
www.sos.ok.gov/gov/state_questions.aspx
or the Oklahoma State Election Board website at
www.ok.gov/elections/Election_Info/State_Question_info.html.

use regarding the separation of church and state. It is a proposal to repeal


a section of the states constitution. If the measure is approved, Article 2,
Section 5 of the Oklahoma Constitution would be repealed. By removing this
section, public expenditure or property use for religious purposes would not
be explicitly prohibited.
Under the First Amendment to the United States Constitution, congress
shall make no law respecting an establishment of religion, or prohibiting the
free exercise thereof.
Under the Oklahoma Constitutions Article 2, Section 5, state money
or property cannot be used directly or indirectly to support a church, sect,
denomination, or system of religion.
This state question is a response to recent controversy over display of the
Ten Commandments monument on the grounds of the Oklahoma State
Capitol. In 2009, the Ten Commandments Monument Display Act was
passed by the state legislature and, three years later, a privately donated Ten
Commandments monument was erected on the grounds of the State Capitol.
Lawsuits followed, and by June 2015, the Oklahoma Supreme Court ruled the
monuments placement on state property was unconstitutional, ordering that
it be removed. The basis for the courts decision was Article 2, Section 5 of the
Oklahoma State Constitution. In October 2015, Oklahoma Governor Mary
Fallin called on the legislature to repeal that section of the state constitution
in order to allow the monument at the State Capitol.

Alcohol

STATEQUESTION



STATE QUESTION NO. 792


LEGISLATIVE REFERENDUM NO. 370
This measure repeals Article 28 of the Oklahoma Constitution and restructures the laws governing
alcoholic beverages through a new Article 28A and other laws the Legislature will create if the
measure passes. The new Article 28A provides that with exceptions, a person or company can
have an ownership interest in only one area of the alcoholic beverage business-manufacturing,
wholesaling, or retailing. Some restrictions apply to the sales of manufacturers, brewers,
winemakers, and wholesalers. Subject to limitations, the Legislature may authorize direct shipments
to consumers of wine. Retail locations like grocery stores may sell wine and beer. Liquor stores
may sell products other than alcoholic beverages in limited amounts. The Legislature must create
licenses for retail locations, liquor stores, and places serving alcoholic beverages and may create
other licenses. Certain licensees must meet residency requirements. Felons cannot be licensees.
The Legislature must designate days and hours when alcoholic beverages may be sold and may
impose taxes on sales. Municipalities may levy an occupation tax. If authorized, a state lodge may
sell individual alcoholic beverages for on-premises consumption but no other state involvement
in the alcoholic beverage business is allowed. With one exception, the measure will take effect
October 1, 2018.
FOR THE PROPOSAL YES
AGAINST THE PROPOSAL NO

SUMMARY: If the proposal is approved, it would repeal Article 28 of the


Oklahoma Constitution and replace it with Article 28A, which restructures
the laws governing alcohol. If approved, the measure will go into effect on
October 1, 2018.
Currently, under Oklahoma law, liquor stores can sell full-strength,
unrefrigerated beer but cannot sell cold beer or chilled wine. Liquor stores
can sell wine and spirits but no other items. Grocery and convenience stores
can sell cold low-point beer (3.2 percent alcohol by weight) but not spirits,
wine, or high-point beer.
State Question 792 would change the current alcohol laws to allow grocery,
convenience, and drug stores to sell cold, high-point beer (up to 8.99 percent
alcohol by volume) and wine (up to 15 percent alcohol by volume). Liquor
stores would be allowed to sell cold beer and any item that also may be
purchased in a grocery store or convenience storeexcept motor fuelin
limited amounts. Liquor or spirits will still only be available for purchase
from licensed retail liquor stores.

Property of OPS News Tracker and members of the Oklahoma Press Association.

Sulphur Times-Democrat

OCPA Provides Analysis


Of State Questions
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EDITORS NOTE: The following


is a second analysis of the seven state
questions Oklahoma voters will be
considering in the November 8 general election. The analysis is from the
Oklahoma Council of Public Affairs.
The Times-Democrat on October 13
also published an Oklahoma Press
Association review of the questions.
A product of the populist era, the
Oklahoma Constitution establishes
processes for direct democracy. On
the November 2016 general election
ballot, Oklahoma voters will decide
whether to adopt four constitutional
amendments and three changes to
state statutes.
Some of these measures are as
simple as restating current law. Others would make complex regulatory
changes or change legal standards
in future lawsuits. The Oklahoma
Council of Public Affairs does not
support or oppose ballot measures.
To help voters, the group is providing
accurate descriptions and analysis of
what these ballot measures say and
will do if adopted by voters.
s3TATE1UESTION 2EITERATING
the Constitutionality of the Death
Penalty
Description: Article 2, Section 9
of the Oklahoma Constitution, just
like the Eighth Amendment in the
U.S. Constitution, prohibits cruel
OR UNUSUAL PUNISHMENTv 31 
would add new language to Section
9, clarifying that capital punishment is
not cruel or unusual punishment. It
would clarify that the legislature can
determine methods of execution and
specifying that if a method of execution is found invalid, the sentence of
death would remain and be carried out
by some other valid method.
Impact: When both the U.S. and
Oklahoma constitutional prohibitions
against cruel or unusual punishment
were adopted, they were understood
not to prohibit capital punishment.
Nevertheless, some advocates have
claimed and a few judges have held
that the death penalty is unconstituTIONAL4HEPURPOSEOF31ISTO
reiterate, in the state Constitution, that
capital punishment is not unconstitutional in Oklahoma. It also claries
that the legislature, rather than judges,
has the power to determine methods
of execution.
s 3TATE 1UESTION  ,IMITING
2EGULATIONSOF&ARMINGAND2ANCHING
Description: This measure would
add a new section to Article 2 of the
Oklahoma Constitution. It would
declare that the rights of citizens
and lawful residents of Oklahoma
to engage in farming and ranching
practices shall be forever guaranteed
in this state. It would not overturn
any regulations enacted through the
end of 2014. Any regulation passed
later than that, or in the future, by
the state legislature would require a
compelling state interest.
)MPACT4HETEXTOF31SAYS
its purpose is to protect agriculture,
which it declares is the foundation
and stabilizing force of Oklahomas
economy. It could not be used to
challenge any laws enacted in 2014
OREARLIER&ORLATERLAWS ORANYTHING
ENACTEDBYAFUTURELEGISLATURE 31
WOULDREQUIRECOURTSTOAPPLYTHE
highest legal standard, often called
strict scrutiny, in legal challenges
to state legislation regulating agricultural technology and livestock
production and ranching practices.
Without proof of a compelling state
interest, judges would strike down
any such legislative acts.
s 3TATE 1UESTION  3ALES4AX
Increase Directed to State Education
Description: This state constitutional amendment would increase
Oklahomas state sales tax by an additional one percent. The tax revenue
would go into a new special fund,
from which 69.5 percent would go to
school districts according to the state
aid formula, 19.25 percent to state
universities and colleges, 8 percent to
the State Department of Education for
early childhood education, and 3.25
percent to the Department of Career
and Technology Education. School
districts would be required to use
some of their funds to raise teacher
pay by at least $5,000. The State Board
of Equalization would have power to
supervise the legislatures use of the
tax increase revenue to ensure it is
used to increase spending levels for
state education.
)MPACT31WOULDINCREASE
spending on state education programs
by an estimated $615 million per
YEAR !CCORDING TO THE 4AX &OUNdation, it would raise Oklahomas
average statewide sales tax to the
second-highest in the nation. About
61 percent of the tax increase would
fund an increase in public school
teacher salaries. Oklahomas current
average teacher salary is $44,921. A
study by the 1889 Institute found that
when the cost of living is factored
into state average teacher salaries,
Oklahoma ranks 30th. That study
found that a $5,000 salary increase
would put Oklahoma at 15th among
the states, just behind Texas.
s 3TATE 1UESTION  2EDUCING
Sentences for Nonviolent Crimes
Description: This measure amends
state laws related to certain drug and
property crimes. Possessing illegal
drugs would become a misdemeanor
crime punishable by up to one year
INJAILANDAlNEOFUPTO &OR
property crimes like theft, fraud, and
embezzlement, the seriousness of
the offense and level of punishment
are based on the value of the money

or property involved. This measure


amends a number of property crime
statutes so that, in most cases,
property offenses relating to less
than $1,000 would be misdemeanor
crimes punishable by no more than
one year in jail and maximum nes
of $1,000 or less.
)MPACT&ELONIESARECRIMESPUNishable by incarceration for more than
one year in state prison; misdemeanors are crimes punishable by incarceration for one year or less, usually
served in a county jail. Oklahoma has
the second highest incarceration rate
in the United States, and spends about
half a billion tax dollars each year on
CORRECTIONS31WOULDCHANGE
state law so that the possession of
illegal drugs would be a misdemeanor
instead of a felony. Manufacturing,
trafcking, and selling illegal drugs
would remain felonies punishable by
long terms of imprisonment. Because
of reforms passed this year by the
STATELEGISLATUREAFTER31WAS
written), most of the reductions in
sentences for nonviolent property
crimes are already set to take effect
this fall.
s 3TATE 1UESTION  $IRECTING
3ENTENCING 2EFORM 3AVINGS TO
Counties
Description: This measure will
only take effect if voters also pass
31  )T WOULD REQUIRE /KLAhomas Ofce of Management and
Enterprise Services to calculate how
much the state government has saved
FROMTHEREFORMSMADEBY31
(from fewer people being sent to state
prisons) and to transfer that amount of
state funds to a new special account.
&UNDSFROMTHEACCOUNTWOULDTHENBE
provided to county governments, in
proportion to county populations,
for rehabilitative services, including
but not limited to mental health and
substance abuse services.
)MPACT)F31ISPASSEDBY
voters, some people who commit
nonviolent crimes will serve their
shorter sentences in county jails rather
than in state prisons. This means the
state will save money, but counties
WILLHAVEHIGHEREXPENSES31
is intended to capture the states
savings and make it available to the
counties. It earmarks those funds for
rehabilitation services, but leaves
counties free to design and operate
those programs at the local level.
s3TATE1UESTION 2EPEALING
Article 2, Section 5 of the Oklahoma
Constitution
Description: This measure re-

moves the following section from


the Oklahoma Constitution: No
public money or property shall ever
be appropriated, applied, donated, or
used, directly or indirectly, for the use,
benet, or support of any sect, church,
denomination, or system of religion,
or for the use, benet, or support
of any priest, preacher, minister, or
other religious teacher or dignitary, or
sectarian institution as such.
Impact: In 2015, the Oklahoma
Supreme Court forced the removal
of a Ten Commandments monument
from the State Capitol grounds. The
state Court said that while the monument may have been acceptable
ACCORDING TO THE &IRST !MENDMENT
of the U.S. Constitution, it violated
Article 2, Section 5 of the Oklahoma
Constitution. In response, state legislators enacted the resolution to send
31TOVOTERSTODECIDEWHETHER
to repeal this state constitutional
language and, in effect, overturn the
Oklahoma Supreme Courts decision.
s3TATE1UESTION 2EFORMING
#ONSTITUTIONAL 2EGULATIONS ON THE
Sale of Alcoholic Beverages
Description: This measure would
replace Article 28 of the Oklahoma
Constitution, which regulates alcoholic beverages. It would eliminate
the current distinction between lowpoint beer (required to have less than
3.2 percent alcohol by weight) and
other beer and would end the prohibition against selling refrigerated
alcoholic beverages. Grocery stores
could sell beer and wine, but would
be required to maintain a license.
,IQUOR STORES WOULD BE ALLOWED TO
sell products other than alcoholic
beverages, with some restrictions,
and could remain open until midnight
rather than being required to close at 9
p.m. Consumers could receive direct
shipments of wine, but only for personal use, directly from wineries, and
with limits on the number of cases.
Impact: Among the states, Oklahoma has some of the most restrictive
regulations of the sale of alcohol.
31WOULDREDUCESOMEOFTHESE
regulations, especially by allowing
grocery stores to sell beer and wine
and by allowing refrigeration of the
products in all stores. Some liquor
store owners are concerned that the
changes will hurt their businesses because of increased competition with
less regulated grocery stores. The
!LCOHOLIC"EVERAGE,AWS%NFORCEMENT !",% #OMMISSION WOULD
remain and would regulate the sale
of alcoholic beverages at all stores.

Remember th

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and younge
always be a

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Be visible! Carry a flashlight,


reflective strips to your costu
so drivers can see you at nigh
Beware of confining costume
Avoid masks that obstruct vi
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Sulphur Trick or T
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Tahlequah Daily Press

Langston challenging Faught in House District 14 race


By SEAN ROWLEY
srowley@tahlequahdailypress.com

Second in an ongoing series

When voters show up for


the Nov. 8 elections, they will
cast ballots in the biennial races for the Oklahoma House of
Representatives.
One local race is for Oklahoma House District 14, between
Democratic challenger Lee
Ann Langston and incumbent
Republican George Faught.
The district includes eastern Muskogee County, including the municipalities of Fort
Gibson, Webbers Falls and
Braggs, and the eastern portion of the city of Muskogee. It
also includes the westernmost
part of Cherokee County, running along an eastern border
even with, but not including
Hulbert.
Faught said he seeks reelec-

tion because there is more


work to do.
I have enough support in
the community
and they appreciate the hard
work I give to
them, Faught
said. Not everyone can leave
their business
for four months,
&!5'(4
and I think people appreciate
someone who is able to do
that, and someone who can
help when they have issues.
Langston said she was motivated to enter the race due to
the neglect of the legislature
toward education funding.
I have been a teacher, a

principal and taught at the


college level, Langston said. I
do not believe the legislature is
treating education correctly.
There is no reason for Oklahoma to be at the bottom among
the states in education. This
is no way to treat our children
and grandchildren.
Asked about pressing issues, Langston said the Oklahoma has four paramount obligations.
The rst is education, then
infrastructure and safety issues for communities and the
state, she said. That would
include roads and bridges.
The third is quality of life and
serving our most vulnerable
citizens not taking money
from the poor, elderly and vet-

erans. The fourth is economic


development, but has to be
done carefully. Incentives
should be used more sparingly and monitored. And you
can incentivize businesses to
come here, but they wont stay
without an educated,
skilled
workforce, infrastructure and
a good quality of
life for their employees.
Langston also
expressed con,!.'34/.
cern about state
encroachment on municipal
powers.
Working on the [Muskogee] City Council for for
years, there were some state
issues that have affected all
communities, she said. We
cant improve our minimum
wage laws, because we are

Property of OPS News Tracker and members of the Oklahoma Press Association.

not allowed. The state says no.


When we tried to get absentee
owners to do something with
their buildings downtown,
that was overruled. The state
said we couldnt do that. Communities cannot ban fracking.
All of our communities have
personalities, and they each
know what is best for themselves.
Agreeing that education is
always an issue, and noting
the need to review and modify
tax credits to business sectors,
Faught added his belief that
Oklahoma must continue its
efforts to diversify its economy
beyond the energy sector.
How do we get our economy rolling again, he asked.
How do we reduce our dependence on oil and gas? I
know we are used to the ups
See RACE, page 2A

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Tahlequah Daily Press

Continued from page 1A

Race
and downs, but we need to
get to where we can equalize a
little more between the booms
and busts.
With another state budget
shortfall and probable revenue failure looming, the
candidates shared some common ground on addressing
Oklahomas scal policies.
Something we can do right
now is to back off some of the
tax credits, Faught said. Also,
the Legislature only gets to appropriate about half of the revenue. The other half is already
designated. Some should be
dedicated, like money from
[House Bill] 1017 and the lottery. If we could look at the
budget and go through the
legislative process earlier, instead of pushing at the end,
so that we would know what
dollars we have to work with
and what we need to do to
balance the budget, I think we
could take some of the politics
out of the budget process. We
need to have more legislators
seeing and providing input in
the process, instead of just the
chair, vice chair, governor and
a few others.
Langston also wanted to
see transparency in the budget process.
All legislators are not allowed in the budget meetings,

she said. The press is not allowed. There is something


wrong with that. And we are
waiting till the last minute [of
legislative sessions]. The State
Quality Jobs Act has increased
businesses and incentives,
but those incentives need to
be scrutinized carefully. Nobody asked me if I wanted any
of my tax dollars to go to the
[Oklahoma City] Thunder. We
are offering things that businesses may not need or even
want, and taking money from
citizens that need it the most.
Both candidates spelled out
their stances on most of the
state questions on the general
election ballot. Langston said
she is opposed to the death
penalty, saying that is one
of my values. She said State
Question 776 the so-called
death penalty question was
poorly written and invited
federal challenge if passed.
You cant pass an amendment saying that something
can never be declared unconstitutional, Langston said.
You cant just make it so that
a criminal cant challenge
whether something is cruel or
unusual. We will spend money
ghting for something that
cannot be upheld.
On SQ 777 or right to
farm, Langston said she was

unsure early in the campaign,


but decided that farmers have
the rights they need, and that
she wanted the state to continue monitoring environmental and water quality.
On SQ 779, the statewide
one-cent sales tax for teaching pay, Langston said she was
at rst opposed because it let
the Legislature off the hook,
but now believes we should
not allow our childrens education to be underfunded for
even just one year. She supports SQ 780, which reduces
a number of drug crimes from
felonies to misdemeanors.
I support reducing the
number of people we have
incarcerated, Langston said.
We are tops in incarcerated
women and number two in
incarcerated men. Oklahoma
incarcerates more than most
states, and the U.S. incarcerates more than most countries
do.
Faught expressed favor
for SQ 776, saying if in place
it would prevent death sentences from being overturned
due to a change in method of
execution. On SQ 777, he said
one of the countrys founding
rights is the right of the landowner.
PETA and the Humane Society groups like that would

like to regulate land use,


Faught said. Where does
that cross the line of owning
land? Would I want the government telling me how to
milk my cows? All laws up to
2014 would still be in effect, so
someone cant put a hog farm
in next to the [Illinois] river.
There are pretty signicant
restrictions on concentrated
feeding lots.
While agreeing teachers
need a raise, Faught did not
believe a sales tax was the answer, saying many communities would then levy 10 cents
on the dollar. He called reduction of penalties on some
drug crimes a good move
that could keep felonies off
permanent records, enhance
job prospects and allow those
with addiction problems to
seek help rather than go to
prison.
Agreeing that SQ 792 was
likely to pass, Faught said he
opposed the measure to allow grocery and convenience
stores to sell chilled wine and
full-strength beer largely due
to his personal experience
with alcohol addiction in his
extended family.
SQ 790, or the Blaine
Amendment, would remove
language from the Oklahoma
Constitution prohibiting the

Property of OPS News Tracker and members of the Oklahoma Press Association.

spending of public money for


religious purposes.
Those Ive talked to are
supportive of [the Ten Commandments monument on
the capital grounds], Faught
said. Im supportive of that.
You can play out some of the
wilder scenarios, but there is
till a Capital Grounds Commission that has to agree to
those things, so there is a default and reset button. That
monument was paid for by
private dollars and, after it
was hit, they replaced it with
private dollars and moved it
down the street.
Both candidates said they
were supporting their respective candidates for president,
and their party candidates in
U.S. House and Senate races.
With the choice of Mike
Pence, I think that is an indication of the types of people [GOP nominee Donald
Trump] would surround himself with. Ben Carson is highly
respected and a condant.
[Trump] is a smart businessman who can surround himself with the best people. I
dont think the country needs
to be micromanaged. I think
Trump can solve some problems, and he doesnt care
about the political fallout to
x problems.

The Geary Star

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TheGearyStar.com

LOCAL

Making Sense of This Years State Questions


By Trent England
VP of OK Council of Public Affairs
Oklahoma voters will decide
seven state questions on Election Day. The topics range
from religious liberty to taxes,
but there are two basic questions to ask about each proposal. First, what kind of law
are we making? Five of the
proposals amend the Oklahoma
Constitution. The other two
change state statutes. This matters because the Constitution is
harder to change than other
laws. If we make a mistake or
wind up with unintended consequences, we might be stuck
with it.
State Question 780 and 781
would change statutes. The
first reclassifies some non-violent felony crimes (felonies are
punishable by more than one
year in state prison) to misdemeanor crimes (punishable by
up to one year in county jail).
State Question 781 takes the
states savings from putting
less people in prison and distributes the savings to the counties for drug and mental health
treatment. Because these are
statutory changes, the legislature could make adjustments if
necessary.
The second question is especially important for the five
proposed amendments to the
Oklahoma Constitution. How
would each measure shift
power between Oklahomas
legislative, executive, and judicial branches?
State Question 776 reiterates
that the death penalty is constitutional in Oklahoma and says
that the legislature, not judges,
should set policies about how
to carry out executions. Obviously, this measure shifts
power from judges to legislators. So does State Question
790, which would repeal what
is often called a Blaine
Amendment from the Oklahoma Constitution.
ACLU attorneys and activist
judges have used Blaine
Amendments to secularize
schools and strip away religious symbols from public

property. This is what happened to the Ten Commandments Monument that once
stood near the Oklahoma Capitol. A vote for State Question
790 would repeal the Blaine
Amendment and reduce the
power of judges.
State Questions 777 and
779, on the other hand, would
shift power from legislators to
judges. These are the most familiar measures to most voters.
State Question 777 would give
courts power to strike down
agricultural laws passed by the
legislature unless a judge believed a compelling state interest supported it. State
Question 779 increases the
sales tax rate by an additional
one percent. About 40 percent
of the tax increase funds would
go to teacher pay, and the rest
would go to other state education programs.
The most interesting part of
State Question 779 is that it
tries to shift power into the executive branch of government

to avoid the legislative budget


process. Basic civics teaches
that legislators have the power
of the purse because they represent the people. State Question 779 tries to limit this
power by giving the State
Board of Equalization authority
over part of the budget process.
In the end, of course, a dispute
between the legislative and executive branches is likely to
wind up before the courts.
Finally, State Question 792
reduces government power
overall. Oklahoma has some of
the most restrictive laws in the
country when it comes to
adults access to alcoholic beverages. Many of these laws are
in the Oklahoma Constitution,
which is why State Question
792 is a constitutional amendment. It would allow the sale of
refrigerated beer, allow beer
and wine sales in ordinary grocery stores, and let liquor stores
sell things other than liquor.
Part of the genius of the men
who wrote the U.S. Constitu-

tion is evident in the basic questions they asked about how


government would work. They
knew that good intentions are
not enough to make good policy. Of course, the best intentions can sometimes lead to
terrible unintended consequences. As Oklahoma voters
weigh these seven state questions, we should be sure to ask
the basic questions about how
much power government
should have and where that
power ought to reside.
Trent England is a vice
president and fellow at the
Oklahoma Council of Public
Affairs and hosts The Trent
England Show weekday mornings on 1640 AM. Disclosures:
England is involved in the
campaign supporting State
Questions 780 and 781; OCPA
is the temporary home of the
Ten Commandments Monument and has been involved in
litigation related to Oklahomas Blaine Amendment.

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The Geary Star

LOCAL

A Look at the State Questions on This Years Ballot


By J. D. Meisner
Managing Editor
Bristow News
When Blaine and Canadian
County voters go to the polls
next month, they will be faced
with seven state questions
proposing amendments to the
Constitution of the State of
Oklahoma, or new statutes.
Language in the state constitution provides that these
important decisions may be
made by the people as ballot
measures. These measures are
presented to voters via an initiative petition, which requires
signatures of voters; or legislative referendum, requiring a
vote by the legislature to place
the measure on the ballot.
Voting on state questions
allows the people a rare opportunity to make direct decisions on public policy that will
directly affect the citizens of
Oklahoma.
To help voters in our coverage area make educated decisions on each of the state

questions appearing on the


Nov. 8 ballot, we have compiled and listed each question
as it appears on the ballot, a
summary of the question's intent and what is being said in
favor of and against each
measure.
SQ 776 Death Penalty
Ballot Title:
This measure adds a new
section to the Oklahoma Constitution, Section 9A of Article
2. The new section deals with
the death penalty. The section
establishes state constitutional
mandates relating to the death
penalty and methods of execution under these constitutional
requirements:
The Legislature is expressly empowered to designate any method of execution
not prohibited by the United
States Constitution.
Death sentences shall not
be reduced because a method
of execution is ruled to be invalid.
When an execution

method is declared invalid, the


death penalty imposed shall
remain in force until it can be
carried out using any valid execution method, and
The imposition of a death
penalty under Oklahoma law
as distinguished from a
method of
execution, shall not be
deemed to be or constitute the
infliction of cruel or unusual
punishment under Oklahoma's
Constitution, nor to contravene any provision of the
Oklahoma Constitution.
State Question 776 does
two things: it addresses the
method of execution for an inmate on death row, and it
states that the death penalty
shall not be deemed cruel and
unusual punishment. If the
proposal is approved, a new
section would be added to the
Oklahoma Constitution that allows the state to continue to
impose the death penalty, even
if a specific method of execution becomes unavailable.
Death sentences would remain
in effect until they can be carried out by any method not

prohibited by the US Constitution.


If approved, the constitutional amendment would
apply to the state constitution
but not the federal constitution
or courts applying federal law.
Th e Oklahoma death penalty
law, enacted in 1976, has been
consistently applied by Oklahoma elected officials: the
state executed 191 men and
three women between 1915
and 2014 at the Oklahoma
State Penitentiary (eighty-two
by electrocution, one by hanging, and 111 by lethal injection). Statutes specifically
allow gas inhalation, electrocution, and firing squad as
backups to the primary form
of execution by lethal injection.
Pros
The death penalty is legal
in Oklahoma and has a history
of support from officials and
the general public. The state's
ability to carry it out must be
protected at a higher constitutional level.
There is a chance that certain drugs used in lethal injec-

Property of OPS News Tracker and members of the Oklahoma Press Association.

tions, or even the use of lethal


injection itself, will be ruled
unconstitutional. Oklahoma
needs options so that the death
penalty can continue to be
used.
The State of Oklahoma
should have more flexibility to
designate and use any available, legal method of execution.
We have an obligation to
the people of Oklahoma to ensure that we can effectively
enforce the death penalty. Oklahomans strongly support the
death penalty, and it is critical
that we protect our ability to
enforce it. Senator Anthony
Sikes (R-24).
Cons
Oklahomans are increasingly opposed to the death
penalty, citing inconsistent application of it as a punishment,
a preference for life sentences
and the increasing frequency
of exonerations.
This measure could make
it much more difficult to rule
Oklahoma's death penalty unSEE

QUESTIONS PAGE 5

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