Steve Fair and Georgia Williams on the State Questions, Judicial Retention races

Steve Fair and Georgia Williams on the State Questions and Judicial Retention races

This is Georgia Williams and Steve Fair’s twenty second year of providing analysis of the State Questions, the Justices and Judges on the Oklahoma general election ballot. Georgia Williams and Steve Fair hosted The Grapevine, a popular political radio talk show for five years. They are knowledgeable and thorough in their research. They evaluate each proposal and person. They provide commentary on the state questions and a profile of the justices/judges. They give their recommendations on how to vote on each SQ and judge. While Steve and Georgia are both active in the Republican Party, their views do not necessarily reflect the views of the Party. To contact them, email okgop@aol.com or jorjaw@sbcglobal.net.

State Questions on Your Ballot

State Question 793 - Right of Optometrists and Opticians to 

Practice in a Retail Mercantile Establishment 

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Steve: YES: # 793 is an Initiative petition. If passed, this would likely result in big box retailers going into the eyeglass business, like they have in other states, lowering the cost of eyewear. Opponents of #793 maintain that Optometrists are local health care professionals who do more than prescribe eyewear and Oklahomans will regret turning their eye care health over to discounters. They cite the loss of local merchants due to the growth of big box retailers. Oklahomans are paying more for eyewear than consumers in other states and that is because optometrists and opticians can’t set up shop in a retail store. Local independent Optometrists should have combated the big box retailers by forging a united alliance and providing competitive pricing for the consumer by purchasing together. Their failure to do that has given the big box retailers an advantage in their industry.

Georgia: YES: #793 is an Initiative petition. I agree with Steve on this SQ. While it is true this will hurt the local Optometrists, it will benefit those who buy glasses and contacts in Oklahoma. I know many people who travel out of state to get their glasses and it is because of the restriction of not allowing glasses to be sold in retail outlets.

State Question 794 - Crime victim’s rights
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Steve: YES: #794 is a legislative referendum. This is a version of Marsy’s Law, which grants victims of crimes, and their families certain rights. Marsalee (Marsy) Nicholas was stalked and murdered by her ex-boyfriend in 1983. Released on bail before the trial began, Marsy’s killer sought out and confronted Marsy’s mother and brother, who had no idea he had been released. The brother has made it his life’s work to get rights for victims of crime. It is law in five states and five states are voting on a version of it in November. If passed, #794 would give victims and their families the right to be notified about and present at proceedings, the right to be heard at proceedings involving release, plea, sentencing, disposition, or parole of the accused, the right to have the safety of the victim and victim’s family considered when making bail or release decisions, the right to be protected from the accused, the right to be notified about release or escape of the accused, etc. A similar law was struck down in Montana because the judiciary has ruled it violated the rights of the accused. Expect it to be challenged in Oklahoma, but #794 is a good idea and should be passed.

Georgia: YES: #794 is a legislative referendum. I agree with Steve. Victims of crime and their families should be notified about parole hearings, sentencing, and releases of the person who victimized them. It may be challenged, but I would be hopeful the judiciary would be as sensitive to the victims of crimes as they are to those who commit them.

State Question 798 - Joint nomination and election

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Steve: YES: #798 is a legislative referendum. Currently, 25 states elect a lieutenant governor on a ticket with the governor, while 18 states, including Oklahoma, elect a lieutenant governor separately. Five states do not have the office of Lt. Governor. By having the two run on the same ticket, it would eliminate the possibility of a Lt. Governor from a political Party different than the Governor ascending to the top job. By their running together, it would also be more likely they would work closer together than if they ran separately and the job of Lt. Governor could be expanded. If passed, #798 would not go into effect until 2026 and therefore would not affect the current Lt. Governor, since Oklahoma has term limits for statewide offices. The Lt. Governor can only serve 8 years (2 terms).

Georgia: NO: #798 is a legislative referendum. I need more information on the nuts and bolts of this ‘new’ process. While the president and vice presi- dent run on the same ticket at the national level, it’s unclear how the process will actually work. Since the legislature is given the authority to ‘establish procedures’ for the joint nomination, it’s not clear how this will work. I have little confidence in the legislature doing this in a way to benefit Oklahomans

State Question 800 - The Vision Fund

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Steve: YES: #800 is a legislative referendum. If approved, SQ#800 would create a trust fund for oil & gas production tax revenue. Beginning July 1, 2020, 5 percent of the state’s oil and gas production tax revenue would be deposited into the fund. The deposit would increase by 0.2 percent each year. Four percent of the fund’s principal would be transferred yearly into the general revenue fund. The Oklahoma State Treasurer would be able to invest the money in higher return funds, unlike the current State Rainy Day Fund, which has restrictions on how the money can be invested. #800 would create a fund similar to what Texas has for their oil/gas tax revenue. It is a good first step in removing the peaks and valleys Oklahoma typically experiences in state revenue due to the volatility of the oil and gas industry.

Georgia: NO: #800 is a legislative referendum. I have trouble with #800, because when we take a percentage of state revenue and put it into a trust fund to prop up government in down years, we grow government. We already have a Rainy Day fund, which the legislature raids every year. I don’t see the need to have a second contingency fund.

State Question 801 - Ad valorem usage authorization

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Steve: YES: #801 is a legislative referendum. SQ#801 would amend the state constitution and allow local voter approved property tax (ad valorem) to be used to fund school district operations (teacher salaries, support staff). Currently that is prohibited. While #801 does allow for more local control, some critics say if it passes buildings and maintenance of buildings and equipment will suffer. Others say it will create inequity within Oklahoma education, whereby some districts will pay their teachers much more than others can afford. Neither of those arguments is without merit, but passing #801 provides more flexibility and local control to the local school board and that is much needed. The key will be to hold the local school boards accountable on how they spend the money.

Georgia: YES: #801 is a legislative referendum. I agree with Steve. My concern is that some school districts could neglect their buildings, but I believe local school patrons will hold them accountable if they fail to keep up the facilities. I would hope this would increase the money that gets ‘to the classroom,’ and doesn’t just pad the local school superintendent’s salary.

Oklahoma’s Retention Ballot System

Why are Supreme Court justices, The Court of Criminal Appeals judges and the Oklahoma Court of Civil Appeals judges on the ballot this year?
Oklahoma Supreme Court justices and the judges of the two other appellate courts are on the ballot in nonpartisan elections every six years so voters can determine whether they should stay in office. This regular vote is called “merit retention.” This year, four Supreme Court justices (out of nine), four Court of Criminal Appeals judges (out of five) and four Oklahoma Court of Civil Appeals judges (out of twelve) have merit retention elections.

What do “Yes” and “No” votes mean?
A “Yes” vote means you want the justice or judge to stay in office. A “No” vote means you want the justice or judge to be removed from office. The majority of voters decides.

How did Oklahoma decide to use the merit retention election system?
In 1967 Oklahoma’s voters overwhelmingly approved a constitutional amendment requiring that the merit retention system be used for all appelate judges. This vote came after the public became concerned about abuses that occurred because of the earlier system of contested elections.

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Edmondson: vote NO          Karger: vote NO          Gurich: vote NO

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Wyrick: vote YES          Lewis: vote NO          Kuehn: vote YES

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Rowland: vote YES          Goree: vote YES          Swinton: vote YES

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Buettner: vote YES          Bell: vote NO          Mitchell: vote YES

AFP-OK publishes 2018 State Question Ballot Guide

AFP-OK Announces 2018 State Question Ballot Guide 

OKLAHOMA CITY, Okla. – Americans for Prosperity-Oklahoma (AFP-OK) today announced the launch of its “2018 State Question Ballot Guide” to provide Oklahomans the opportunity to compare the pros and cons of the questions appearing on November’s ballot.

“As an organization dedicated to educating fellow Oklahomans on policy, Americans for Prosperity is excited to announce the launch of a new tool for voters in weighing the important impacts of November’s ballot questions,” said John Tidwell, AFP-OK State Director.

“Ballot questions are rightly infamous for their oftentimes convoluted policy language.  Our goal was to put together a guide written in plain language that will help Oklahomans better understand what they’ll be voting on,” Tidwell added.

The 2018 State Question Ballot Guide is now available online.

OCPA explains the five State Questions on the ballot

Every two years, Oklahoma voters go to the voting booth and find out that they are voting on more than just candidates for office; usually, there are multiple constitutional amendments on the ballot as well. The Oklahoma Council of Public Affairs (OCPA) recently posted the following explanation of the five State Questions that are on the ballot:

From OCPA:

Want a simple description of Oklahoma’s ballot measures? OCPA doesn’t support or oppose ballot measures, but we do provide simple descriptions of what each one would do. Linked to each description is the full text of the measure and details on who is behind them.

SQ 793: Legalizing eye care and the sale of eyeglasses at regular retail stores

Oklahoma is one of only three states that bans large retailers like Target and Walmart offering in-store optometrist services. SQ 793 would remove this restriction, allowing more of a free market in eye care that should result in consumers gaining increased access to these services and products.

This measure was placed on the ballot via signature gathering. The change is opposed by some optometrists and others who benefit from the status quo. In a way, the measure is similar to the alcohol modernization efforts that passed on the ballot in 2016 and were implemented this fall. You can read the full proposal here.

SQ 794: “Marsy’s Law” would repeal current victims’ rights laws and replace them with others

Marsy’s Law is a list of rights for victims of crime that California first adopted in 2008. Oklahoma already has specific victims’ rights protections in law, which SQ 794 would repeal, replacing them with more general requirements. While Marsy’s Law claims to be mandatory, there is no penalty if government fails to follow any of the requirements.

In recent years, Oklahoma has adopted a series of criminal justice reforms. Some advocates of these reforms have urged caution on Marsy’s Law. Meanwhile, law enforcement groups and prosecutors who opposed many of the criminal justice reforms are in favor of Marsy’s Law. The Legislature voted in 2017 to put Marsy’s Law on the ballot. You can read the full proposal at Ballotpedia.

SQ 798: Governor, Lieutenant Governor on the same ticket

If this measure passes, candidates for Governor and Lieutenant Governor would run together on one ticket—just like the President and Vice President do. Twenty-six states do this already according to Ballotpedia. The purpose of the measure is to simplify Oklahoma’s executive branch and make sure the two top executive branch officials are working together.

SQ 798 was placed on the ballot by the state Legislature and, if passed, will take effect beginning with Oklahoma’s 2026 election cycle. You can read the full measure here.

SQ 800: Another state-run investment fund

This proposal would create a new, state-run investment fund. Specifically, SQ 800 would take an ever-increasing portion of collections from Oklahoma’s gross production tax on oil and natural gas production, put the money in a fund that would be invested in financial markets, and then transfer a small portion of it each year into the General Revenue Fund for legislative appropriations.

Oklahoma already has similar investment funds holding a significant amount of state resources. These include the Tobacco Settlement Endowment Trust (TSET) and the Commissioners of the Land Office (CLO). Together, TSET and the CLO oversee over $3 billion in state assets, equivalent to more than one-third of the state’s appropriated budget. Read the full measure here.

SQ 801: Local control for local school funds

When parents complained that Catoosa Public Schools spent a million dollars on its football stadium while cutting school days and staff, the district’s answer was that some local tax dollars can only be used for buildings. SQ 801 would give local school districts more local control over locally raised ad valorem (property tax) dollars.

The measure would not allow bond funds to be used for operations or permit higher property taxes. But it would break down some funding silos so that local property tax revenues that today can only go to buildings or similar expenses could also go to teacher pay or to hire new teachers. The legislature placed SQ 801 on the ballot. You can read the full measure at Ballotpedia.

OCPA column: Better teacher pay

Better teacher pay

by Jonathan Small, president of the Oklahoma Council of Public Affairs (OCPA)

How many teachers can be hired with a school superintendent’s compensation?

This isn’t a riddle. It’s data relevant to the school shutdowns of 2018 when educators went on strike in Oklahoma and elsewhere.

In Oklahoma City Public Schools, 4.8 teaching positions could be funded with the compensation going to the superintendent. And this doesn’t include all of the other management and middle-management positions in the district.

In Tulsa Public Schools, the one salary would pay for seven teaching positions. In Union Public Schools, it’s 5.5. Yukon is 5.2, Jenks is 5.1, and Enid is 4.9.

This according to data gleaned by Jonathan Butcher for a new Heritage Foundation white paper on public school funding (“Look to School District Budgets for Better Teacher Pay”).

His point is that state lawmakers – juggling competing interests ranging from Medicaid to corrections to highways – are not an ATM that can satisfy every demand of local school districts.

Local school districts can and should improve their own budgeting, prioritizing the spending that benefits students. There are savings to be found, and not just in the area of administrative overhead.

For example, Butcher points out that OKCPS spends $2.4 million annually to maintain 1,000 empty classrooms.

“The district reports that nearly 40 percent of elementary school seats are empty and nearly one out of four seats in middle and high schools is empty – resulting in one-third of all ‘instructional space’ going unused,” he writes.

For the price of all those empty classrooms, the district could give all its teachers raises of $1,000 a year.

State Question 801, on the ballot this fall, would give local schools even more flexibility with their own funding by removing an earmark from certain dollars that require them to go only to buildings or related expenses. Of course, school buildings are important, but local districts should be able to decide whether teacher pay or new textbooks are a greater need than new bleachers or resurfacing the parking lot.

This much-needed flexibility could help prevent some dubious spending decisions. Catoosa Public Schools, for example, switched to a four-day school week and reduced staff—while the district also (thanks to building millages) bought MacBook computers for all middle- and high-school students and approved a $1.5 million press box at the high school football field.

Bottom line: Butcher is correct. “Before rushing to raise taxes and increasing taxpayers’ burdens,” he writes, “lawmakers and voters should urge districts to use resources more efficiently for the benefit of students.”

Jonathan Small serves as president of the Oklahoma Council of Public Affairs.

Gov. Fallin Places Education Property Tax Measure on November Ballot

Governor Mary Fallin Places Public School Funding Measure on November Ballot

OKLAHOMA CITY – Governor Mary Fallin today issued an election proclamation that places on the November ballot a state question approved by legislators that would allow school districts to use property tax revenue, now used primarily for building funds, for operational costs such as teacher pay.

State Question 801 would give local school board the flexibility and options to use existing property tax funds for use in the classroom, such as teacher pay and textbooks, without raising taxes. Like all state questions, it requires a simple majority by voters to be approved.

Lawmakers this year approved Senate Joint Resolution 70, which sends to a vote of the people an amendment to the state constitution that would allow ad valorem taxes collected for a school building fund to be used for expenses associated with the general operations of a school district. Currently, a school district can levy up to five mills for a building fund.

The deadline for the governor to sign election proclamations for state questions to be placed on the Nov. 6 general election ballot is Aug. 27.