Special Session Teacher Pay Raise: Worthy Goal, but Misguided Timing

Oklahoma has budget issues. People may not agree on what exactly the problems are, or what solutions are needed to remedy them, but everyone can agree that there are things that need to be changed when it comes to the state's fiscal situation.

Some think we spend too much, and are involved in areas that government doesn't belong. Others think we tax too little, and that government needs to be more involved.

The Legislature is currently in a special session to address a $215,000,000.00 "shortfall" due to appropriations being made on the back of an unconstitutional tax increase. Once the Oklahoma Supreme Court struck the illegal measure down, it created a large hole in the budgets of four state agencies: the Oklahoma Health Care Authority, the Alcoholic Beverage Laws Enforcement Commission, the Department of Human Services, and the Department of Mental Health and Substance Abuse Services.

Legislators have been wrangling over how to address the situation, but negotiations have not gone anywhere yet. Differences between the Republican and Democrat plans, differences in the Republican caucus, and differences between the House, Senate and Governor have played roles in the delay.

Another issue is that the Governor and some legislative leaders are actually seeking to grow the deficit, thus creating the need for deeper cuts or steeper tax hikes to fill the hole (naturally, the primary route they are exploring is tax increases). Governor Fallin and legislative leaders are hoping to get a teacher pay raise passed in this special session. This was not accomplished during the last several regular sessions due to lack of available funds.

Everybody wants to give teachers a pay raise. Contrary to what the Democrats and the education lobby constantly claim, there are no "anti-Education" members of the state legislature. There is not a single legislator that wants to harm education (ironically, the same Democrats who claim that Republican are "anti-Education" tend to fight Republican efforts to direct more dollars into the classroom - who's really harming education there?). Every legislator understands the need for top-notch education for Oklahoma's children, and one of the strategies for accomplishing that is attracting and maintaining quality teachers.

However, the time has to be right. You can't spend extra money when you're already short a significant amount. Let's illustrate this.

A family has fallen on hard times. They have no money left in their savings account, the family vehicle is about to be repossessed, they've got $25,000 in credit card debt, and they're falling behind on their utility bills. As they contemplate how best to resolve their financial situation, they decide that before doing so they will first purchase a brand-new television and some new furniture for the living areas. After they expend several thousand more dollars, they will then tackle the issue of their dire financial straits.

That's essentially what the Governor and legislature want to do by adding to the shortfall with increased spending. Leave it to them to come in for a special session to deal with a $215M shortage that they caused by unconstitutional actions, increase that shortfall by several hundred million dollars, and then raise taxes to 'fix' it.

When you have a deficit, it is not the right solution to spend more money.

A teacher pay raise is a worthy goal, and one that every legislator and sensible person would like to see happen. However, raising taxes on Oklahomans is not the way to accomplish it.

Let's not forget that in 2016, Oklahomans overwhelmingly defeated a tax that was specifically dedicated to providing education with more funds. It wasn't even close, despite the pro-SQ779 side massively outspending the anti-SQ779 side $7,116,573.32 to $884,874.92.

Oklahoma is in the current budget situation for a host of issues, but one of the primary reasons is that bad economic times have hurt taxpayers and businesses alike, reducing income and in turn spending, resulting in less taxes to collect. Raising taxes now adds insult to injury.

The state legislature should limit this special session to specifically dealing with the shortfall created by their unconstitutional actions. Anything else should be considered in the regular session starting in February, allowing the proper time for transparency, public input, and thorough study by legislators.

The unconstitutional passage of the Smoking Cessation Fee cigarette tax was due to haste. Things are rarely done well when hurried. Legislators should ponder that.

A teacher pay raise is a worthy goal, but doing so during this special session and through tax hikes is misguided.

Session ends today; votes on cigarette "fee", vehicle sales tax, state budget

As the Oklahoma Legislature prepares to adjourn sine die by 5:00pm, there is still unfinished business to vote on. The House will take up the $6.8B FY2018 budget, as well as the $257M cigarette tax "smoking cessation" fee.

According to Article 5, Section 33 of the Oklahoma Constitution, passing measures that raise revenue is clearly unconstitutional, per passage of State Question 640 by Oklahoma voters in 1992. Legislative leadership thinks they can get around that ban by calling the cigarette tax (and other measures) a fee instead. That is simply wrong, and the Oklahoma Supreme Court will likely get a chance to weigh in on the matter.

Whether it's a tax or a fee, it has the same effect on whomever pays it: more money is taken from their wallet by the government. Whether it's a tax or a fee, it has the same effect on state government: more money is taken from citizens and placed in state coffers.

The State Senate will be taking up HB2433, which raises $123M by charging a 1.5% sales tax on the sale of vehicles. This measure passed the House 52-47 on Wednesday.

Oklahoma voters clearly spoke in 1992 that they don't want new revenue, be it taxes or fees, passed in the final week of the legislative session, or passed with less than 3/4ths of the Legislature voting in favor. Further, Oklahoma voters clearly spoke just six months ago by shooting down a $615M tax increase that would have been dedicated to education, which most voters consider to be the top state funding priority.

The Oklahoma Legislature should honor and uphold the letter and spirit of the people's will, and not increase taxes, or fees (as the late Labor Commissioner Mark Costello said, "A fee is nothing more than a tax by another name").

Election Results Map: State Question 779

Continuing with my update to the Election Results Maps series, here is State Question 779.

The 'Yes' vote won only 8 counties (average 'yes' vote of 51.55%), and those very narrowly. 69 counties rejected the measure (average 'yes' vote of 38.62%). Opposition, while widespread, was strongest in central and northwestern portions of the state.

CMA Strategies celebrates 100% win rate

CMA Strategies Clients Celebrate Big Wins on Election Night

OKLAHOMA CITY, OK – The consulting team at CMA Strategies led their clients to election success last night, winning every race they were involved in.

After being involved with the issue for six years, the CMA team helped navigate State Question 792 to victory, resulting in unprecedented modernization to the state’s alcohol laws. CMA was responsible for the campaign’s strategy and messaging, including advocating to voters that passage would ultimately benefit the Oklahoma economy and provide convenience for consumers. CMA was also involved in the legislative effort to get the state question on the ballot. SQ 792 passed with 66% of the vote.

Another CMA Strategies client who came out of election night with a win was the Oklahoma Deserves Better Coalition, the group who advocated against the education sales tax increase. With only weeks to put together a coalition, strategy, message and a team to execute the plan, CMA turned the tables on SQ 779.

In late-September, polls showed the state question easily passing with more than 60% of vote. However, the team at CMA successfully conveyed to voters through an aggressive paid and earned media campaign the holes in the ballot language. The campaign focused on the impact passage would ultimately have on the economy, without helping teachers the way it was promised to. On election night, SQ 779 failed with 59% of the vote.

CMA also worked for the independent expenditure group, the Oklahoma Federation for Children Action Fund, which had a very successful night, electing 14 candidates supportive of school choice to the Oklahoma Legislature, demonstrating the people of Oklahoma overwhelmingly support needed changes to the education system that empower parents to choose the highest quality education for their children.

The Maintain OKC Schools Committee, formed to help pass three bond issues benefitting Oklahoma City Public Schools, also worked with CMA. The campaign focused on the “Yes the Yellow Ballot” message highlighting the need to protect funding for school infrastructure, transportation and technology. Each of the bond issues passed with more than the 60% of the vote required.

Other CMA 2016 general election clients included Congressman Tom Cole, Congressman Mike Pompeo, and the Oklahoma Judicial Information Network. All CMA clients were victorious on election night, leading the firm to a 100% win rate.

CMA Strategies is led by principals Sharon Caldwell and Pat McFerron and associates Matt Ball and Keili McEwen. Alyssa Loza, Mike Gunter and Karla Jackson provide creative and administrative support.

AFP-OK comments on SQ779 failure

[Last night, the people of Oklahoma have spoken. This summer, Americans for Prosperity began an educational initiative to inform citizens across our state about State Question 779.

Thanks to our dedicated staff and grassroots volunteers, our state chapter engaged over 400,000 Oklahomans, including 150,000 direct citizen contacts, to educate our friends and neighbors about the proposal's tax, potential revenue distribution, and accountability provisions.

Whatever the result, it was our mission to inform Oklahomans about this important issue and to help them better understand how this proposal could affect families and businesses across our state.

We will continue to fight for Oklahoma taxpayers and to promote the ideals of limited government, free enterprise, and economic freedom in the days ahead.

Many thanks for all of your continued support in the name of a more free America.

God Bless Oklahoma!

John Tidwell
Oklahoma State Director, Americans For Prosperity

OCPA Impact comments on failure of SQ779

Statement from Dave Bond, CEO of OCPA Impact, Inc., on the voting results on SQ 779 and the continuing need for a teacher pay raise in Oklahoma:

"Today's results on 779 are only a partial victory. Yes, working Oklahoma families have been successfully shielded from being forced to pay the highest sales tax burden in the nation, and we're very pleased with that outcome.

"But the results are only a partial victory because the need for a pay raise for public school classroom teachers across Oklahoma is still very, very real.

"We spent the entire past legislative session at the Oklahoma Capitol advocating for a teacher pay raise without a tax increase on working Oklahomans, and we will push for the same objective at the Capitol this coming session.

"We look forward to working with President Boren, and with others across Oklahoma who have served as strong voices for increasing teacher salaries, toward realizing this common goal without increasing taxes at a time when our state and our economy can least afford it."

'Yes on 779' Continues Misleading Campaign

Yes on 779 Campaign Tells Another Lie

In a desperate move, the Yes on 779 campaign, Our Children, Our Future (OCOF), unsuccessfully sought to stifle the truth about 779 by sending a cease and desist letter to Oklahoma television stations asking them to quit airing ads which explain that less than half of the money raised by 779 is protected for teacher pay.  When the stations did not pull the ad, OCOF doubled-down and falsely claimed the ads were pulled anyway, citing KXII, a station in the Ada/Ardmore/Sherman media market as having pulled the ads.

Proving this latest lie from the campaign is an email sent at 7:51pm on November 7, from Todd Bates, General Sales Manager of KXII states the “schedule is currently running as booked.”  
The lie that a television station had pulled the ad for being false is just the latest is a series of lies from OCOF.  OCOF continues to mislead voters by claiming ‘every penny will be audited’ when their own ballot language clearly exempts the more than 100 million dollars a year dedicated to higher education funding. It is clear OCOF is either intentionally misleading voters or unable to understand the constitutional amendment as written.

The OCOF continue to falsely claim 60% of the revenue generated by the sales tax will go to teacher pay when the language says it can go to teacher pay or “otherwise address teacher and staff shortages.”  There is absolutely nothing requiring that the “otherwise addressing” staff shortages would mean teacher pay. This could be used for any variety of administrative functions, such as recruiting trips, advertising, or salaries for principals and other non-superintendent administrators.

OCOF and the supporters are clearly afraid voters are seeing what 779 is:  another scam designed by political leaders along the lines of the lottery, casino gaming and HB 1017 – all programs promised to fix education.  Tax Bill 779 falls in line with these other efforts by using k-12 education as a Trojan Horse to accomplish a different end:  in this case, it is the close to $400 million a year that is not protected for teacher pay.

For more information, visit OklahomaDeservesBetter.com.

My Picks for the 2016 General Election

With the election literally around the corner, here is how I plan to vote. I've focused on what will be on the ballot in Muskogee County, but also included some of the important, competitive legislative races throughout the state.

President: Anybody but Clinton. I've previously voiced my opinion about Trump. Since Oklahoma will overwhelmingly vote for Trump, I will either leave that line empty or cast a protest vote. (Always vote for principle, though you may vote alone, and you may cherish the sweetest reflection that your vote is never lost. - John Quincy Adams)
U.S. Senate: James Lankford
U.S. House: Republican nominees
State House: I'll focus on the Muskogee-area races, plus a few competitive races that I know something about the candidates.

• Rep. George Faught (HD14 - Muskogee/Cherokee counties)
• Avery Frix (HD13 - Muskogee/McIntosh counties) - Democrat-held seat
• Kevin McDugle (HD12 - Wagoner County) - Democrat-held seat
• Bob Ed Culver (HD4 - Cherokee County) - Democrat-held seat
• Steven McGowan (HD1 - McCurtain County) - Democrat-held seat
• Matt Jackson (HD85 - Oklahoma County) - Democrat-held seat

State Senate: I'll focus on the Muskogee-area races, plus a few competitive races that I know something about the candidates.

• Dewayne Pemberton (SD9 - Muskogee/Cherokee counties) - Democrat-held seat
• Sen. Joseph Silk (SD5 - far southeast corner) - probably the most important reelection, Silk has the highest Conservative Performance Index score in the legislature.
• Sen. Larry Boggs (SD7 - heart of "Little Dixie")

Muskogee County Sheriff: Roger Posey.

Supreme Court - James Winchester: NO. Our entire Supreme Court needs to be thrown out for striking down pro-life measures.
Supreme Court - Douglas Combs: NO. Our entire Supreme Court needs to be thrown out for striking down pro-life measures.

Court of Criminal Appeals - Clancy Smith: No.
Court of Criminal Appeals - Robert Hudson: Yes.
Court of Civil Appeals - Tom Thornbrugh: Yes.
Court of Civil Appeals - John Fischer: No.
Court of Civil Appeals - Larry Joplin: No.

For more on the judges, read this from OCPAC and this from Steve Fair. If history is made and a judge loses his retention election, the Governor appoints a new judge.

State Question 776: For. Would reiterate that the death penalty is not unconstitutional nor "cruel and unusual punishment".
State Question 777: FOR. This measure is intended to protect farmers and ranchers from undue government interference and from outside groups seeking to hurt agriculture in Oklahoma. Contrary to the apocalyptic rhetoric coming from the out-of-state animal-rights/environmentalist groups fighting this, at the very worst this is a "do-little" measure. This won't hurt small farmers. Farmers won't suddenly decide to poison the water and air (like you, they need good water and good air). The sky won't fall. Foreign corporations, already banned, won't be dropping a pig farm next to your suburban house. However, if SQ777 fails, you can be sure the animal-rights/environmentalists will charge into Oklahoma to restrict farming and ranching.
State Question 779: AGAINST. A 22% increase in state sales tax to fill the pockets of higher education, under the misleading guise of "teacher pay raises" is not what Oklahoma needs. Read more from AFP and OCPA Impact.
State Question 780: Against. Many of the drug crime reforms in this measure were addressed by the legislature this past session. Let's see how those work before making further changes.
State Question 781: Against. Michael Bates makes a good argument for a 'no' vote (although David Van Risseghem has good points in favor; if you do vote for 780, you should vote for 781).
State Question 790: FOR. This would remove a section in the state constitution that has been used to infringe on religious liberties.
State Question 792: Against. As someone who does not nor will ever consume liquor, I was a little torn on this. 792 would institute some semi-free-market(ish) reforms, however, if it passes this would not take effect until October 1st, 2018. Whichever way you vote, you're voting for some aspect of the liquor industry. Reading the fine print on this seems like it replaces one set of complicated restrictions with another set. Frankly, I'm surprised the state Supreme Court didn't strike this down as 'logrolling'.


If you need more information on the Judges on the ballot, see these posts.
If you need more information on the State Questions, see these posts. For SQ777 in particular, read these. For SQ779 in particular, read these.

Pro-779 ad makes false, blatantly misleading claims

Pro-779 ad makes false, blatantly misleading claims

This week, the group Oklahoma’s Children, Our Future unveiled an ad supporting State Question 779, the permanent, 1% statewide sales tax on the Nov. 8 ballot in Oklahoma.

Together, the ad and an accompanying post on the group’s website make four claims, three of which are most certainly false, while the fourth is blatantly misleading.

Claim #1: 60% of the 779 tax money “will go toward teachers.”

The Facts: It’s shocking that 779’s supporters are trying to present as a positive that 40% of the money from 779’s sales tax increase – 40 cents of every dollar taken from working Oklahomans – would not be spent on teachers.

The reality, though, is even worse: only 39% – not 60%, as the pro-779 ad suggests – of the 779 tax money would be required to go to teacher salaries or benefits. It’s possible, though not guaranteed, this number could ultimately be higher, but there is nothing in 779’s fine print requiring more than 39% of the 779 tax money to go to teacher compensation.

Let’s clarify how we calculated 39%. Proponents of 779 say the measure will bring in $615 million in new tax money each year, via 779’s sales tax increase on working Oklahomans. According to the National Education Assoc. and the Oklahoma State Dept. of Education, there are approx. 42,027 public school classroom teachers in Oklahoma. To provide each with a $5,000 salary increase, factoring in a multiplier of .17 for FICA and other employment-related costs, would cost $245 million.

A simple division calculation reveals that the cost of providing the $5,000 teacher salary boost – $245 million – is 39% of the total 779 is projected to generate – $615 million.

245 / 615 = 39%

After the teacher pay raise dollars are taken out, this particular pot of 779 money – one of five different pots detailed in 779’s fine print – would have $123.9 million remaining.

In 779’s fine print, the only requirement for this $123.9 million is that it be spent to “otherwise address and prevent teacher and certified instructional staff shortages in the manner most suited to local district circumstances and needs.”

That’s it. No requirement to hire more teachers. No requirement to spend the money on teacher salaries, benefits or other compensation.

Experience suggests that, while some local school district officials would use these extra funds to hire more teachers or further increase teacher compensation, others would not.

Verdict: The claim by Oklahoma’s Children, Our Future is false. Only 39% of the 779 tax money is required to go to teacher compensation.

Claim #2: “Every single penny” of the 779 tax money has annual audit requirements built in.

The Facts: In its descriptions of the five different pots of 779 tax money, 779’s fine print only includes audit requirements for two of the pots – the pot from which the teacher pay raise funds will be drawn, and the pot designated for “programs, opportunities, or reforms” to improve reading, boost high school graduation rates, and “increase college and career readiness.”

The other three pots – the $118.3 million lump sum for Higher Education, the $19.9 million lump sum for Career Tech, and the $49.2 million lump sum for the State Dept. of Education – feature no audit requirements whatsoever.

After everything is tabulated, 70% of the 779 tax money will include audit requirements, while 30% will not.

Verdict: The claim by Oklahoma’s Children, Our Future is false. Only 70% of the 779 tax money includes audit requirements.

Claim #3: The 779 tax money cannot be spent on “administrative overhead.”

The Facts: From 779’s fine print:

“None of these monies distributed from the (779 fund) to common school districts may be used to add superintendent positions or increase superintendents’ salaries.”

That’s it. No restrictions on adding positions or increasing salaries for assistant superintendents, administrative assistants, principals, vice-principals, assistant principals, curriculum directors, IT support staff, coaches, program directors, communications officers, chiefs of staff, athletic directors, etc.

Verdict: The claim by Oklahoma’s Children, Our Future is false. Portions of the 779 tax money may be spent on administrative overhead.

Claim #4: Since 779 would be locked into the Oklahoma Constitution, the 779 tax money would be kept out of “the meddling hands of politicians.”

The Facts: Disparaging politicians and their “meddling hands” is a time-honored American tradition, practiced with great wit by Mark Twain, Will Rogers and other luminaries.

In this case, however, it’s merely a ploy to distract voters away from the fact that 779 will: (a) require all Oklahomans, regardless of income, to pay the highest permanent sales tax burden in the nation, and (b) provide state government bureaucrats and school administrators with the constitutional protection to spend up to 60% of the 779 tax money on stuff other than teacher compensation.

Ultimately, whether 779 is approved or rejected on the ballot may come down to Oklahoma voters determining which group they trust the most … or, perhaps, distrust the least: publicly-elected politicians at the state Capitol, or un-elected state government bureaucrats and school administrators.

For many Oklahoma voters, that may be a tough call. Either way, the claim by Oklahoma’s Children, Our Future is blatantly misleading.

Oklahoma delegation, top Republicans on state questions

With the election days away, some of Oklahoma's congressional delegation and top Republicans have weighed in on the various state questions on the ballot. Here's the list I've been able to find or obtain. If you are aware of a position that I have missed, let me know.

I reached out to the following officials (and others who did not respond) and specifically requested comments on SQ777 and SQ779, and received some additional input on SQ790. No one took a public position on the other state questions.

SQ777 - "Right to Farm"

U.S. Sen. Jim Inhofe: Supports, featured in ad for 'Yes' campaign
Former U.S. Sen. Tom Coburn: Supports, featured in ad for 'Yes' campaign
U.S. Rep. Jim Bridenstine: taking no position on SQ777, but sounded as if he leaned against it in a Nov. 1st KFAQ radio interview (starting at 34:50)
U.S. Rep. Markwayne Mullin: Supports SQ777 - Oct. 26th radio interview on KFAQ (starting at 10:55)
U.S. Rep. Frank Lucas: "Congressman Lucas intends to vote for SQ 777 (Right to Farm). While he doesn't believe that adoption of SQ 777 will have a radical impact on the agriculture industry in Oklahoma, he is concerned that if the question fails we will leave the door open for anti-ag and anti-farm groups to come in and push restrictive proposals to overregulate our industry, similar to what we’ve seen in other states."
U.S. Rep. Tom Cole: "Congressman Cole has a policy of not publicly commenting on state issues. He has cast his absentee ballot and voted on SQ777 like any Oklahoma voter, but he does not intend to release a public statement about any of the state questions."
U.S. Rep. Steve Russell: did not return my request for comments.
State House Speaker Jeff Hickman: Supports SQ777 - see response to our request.

SQ779 - sales tax increase for education

U.S. Rep. Jim Bridenstine: Opposes SQ779 - Nov. 1st radio interview on KFAQ (starting around 16:45)
U.S. Rep. Frank Lucas: "Congressman Lucas usually doesn’t weigh in on state questions. SQ777 was an exception since he received so many requests due to his deep background in agriculture and his former role as chairman of the House Ag Committee."
Lieut. Gov. Todd Lamb: Opposes SQ779 - he spoke out against it as early as June, perhaps making him the first prominent opponent of the measure.

SQ790 - "Blaine Amendment" repeal

U.S. Sen. James Lankford: "Yes on SQ790 for religious liberty." Spoke in favor of the measure at a recent event with Oklahoma pastors, and co-wrote an op-ed with Lt. Gov. Lamb.
Lt. Gov. Todd Lamb: Supports - featured in TV ad, and co-wrote an op-ed with Sen. Lankford.

Letter to Editor: Vote No on SQ779

Vote No on State Question 779

(originally printed in the Muskogee Phoenix)

Education funding should be a top concern for Oklahomans, but the one cent statewide sales tax proposed by State Question 779 is not the way to do it. Oklahoma already has one of the highest sales tax in the nation and this extra cent would make us the highest. At a time when local retailers are hurting to compete with tax-free online competition, this tax hike will push even more consumers away from shopping locally.

There would be further negative impacts on our city and county governments who get a majority of their revenues from sales tax. If 779 passes our sales tax would be hiked to over 10 percent statewide on July 1, 2017 and from that date on it will become very difficult for cities and counties to pass sales tax bonds. A quarter of a cent bond issues to improve city streets or public services that may have seemed affordable to voters in the past, would now become very difficult to pass.

Please vote no on 779 because of the damage to our local economy and the future negative effects on city and county governments.

Martin Updike (Fort Gibson)

Americans For Tax Reform opposes SQ779

The latest group to oppose State Question 779 is Americans for Tax Reform:

Don’t be fooled: SQ 779 much more than “only a penny”

Continuing with the spotlight on the state questions on the ballot, here is OCPA Impact's Dave Bond with a column exclusively for MuskogeePolitico on SQ779:

Don’t be fooled: SQ 779 much more than “only a penny”

by Dave Bond

Public school teachers in Oklahoma urgently need a pay raise. But there’s zero need for State Question 779, which would raise Oklahoma’s sales tax burden to the highest in the nation.

Teachers are leaving Oklahoma classrooms. Children are disadvantaged. Parents are worried.

But let’s be clear: On November 8, with SQ 779, Oklahomans aren’t voting on whether public school teachers need a raise.

With SQ 779, we’re voting on whether working Oklahoma families should be forced to pay the nation’s highest sales tax burden in order to fund teacher pay raises and more new spending.

Please don’t be fooled: SQ 779 is much, much more than “only a penny.”

In fact, according to its supporters, SQ 779 would increases taxes by a total of $615 million. That’s an average tax increase of over $420 per household statewide each year.

When added to existing state, county and municipal sales taxes, SQ 779 would raise Oklahoma’s average combined state-and-local sales tax burden to 9.8%, the highest permanent rate of any U.S. state. Oklahoma already has the sixth highest sales tax burden.

In many communities, SQ 779 would cause the sales tax burden to reach double digits.

The combined sales tax burden would hit 10% in Lawton, Ardmore, Guthrie, Chickasha and Weatherford, to name a few.

It would jump to 10.1% in Muskogee and Collinsville, 10.2% in Skiatook, 10.3% in Claremore, Grove and Ada, and 10.5% in Tahlequah, Sapulpa, Miami, Vinita, Catoosa and Chandler.

It would rise to 10.7% in Pryor, Okmulgee, Henryetta and Stilwell, 10.9% in Glenpool, and 11.5% in Checotah.

SQ 779 would be a tax increase on everyday purchases, including groceries, clothing, tools, home supplies and more, for low- and middle- income families.

Adding insult to injury, over 60% of the money from SQ 779’s tax increase would be spent on things besides pay raises for classroom teachers.

You read that correctly.

A $5,000 raise for every public school classroom teacher statewide costs $245 million. And remember, proponents of SQ 779 project the tax increase will raise $615 annually.

Where will the extra $370 million go? In lump sums to bureaucrats in Higher Education, Career Tech, school districts and the State Department of Education, with little direction on how to spend it.

TV commercials say money from SQ 779 will be used to make college more affordable. But there is nothing – nothing – in SQ 779’s fine print requiring this.

Finally, it’s completely unnecessary to raise taxes to increase teacher pay.

Since last fall, our organization has offered an alternative plan to fund teacher pay raises of $5,000 or better without raising taxes or restricting core government services.

At www.StopHigherTaxesOK.com, we offer a menu of $753 million in inefficient or nonessential state government spending that could be redirected to teacher salaries.

Oklahoma needs a teacher pay raise, not a tax increase. SQ 779 is a major tax increase that will unnecessarily burden working Oklahoma families of all incomes.

Bond is CEO of OCPA Impact, a nonpartisan, statewide advocacy group based in Oklahoma City.

Another perspective: Richard Engle on the State Questions

Here's another perspective on the seven State Questions on the ballot. Richard Engle, a longtime conservative activist and past candidate for OKGOP Vice-Chair and National Committeeman, posted his take on Facebook, and I thought it was worth the read.

Engle on the Issues

I've been away from politics a bit more than ordinary this year, but I haven't lost my passion for truth. The Oklahoma ballot in 2016 may become best known for the state questions as there is little doubt on the outcome of the statewide candidates including the Presidential Electors.

I have decided to come out into the daylight on these issues in part to answer the many who have asked me, and in part to battle much of the misinformation being bantered on these issues.

My guess is that I will offend and surprise a few of you but here goes:

State Question 776 was designed to assert that all methods of execution shall be constitutionally allowed, unless prohibited by the United States Constitution, and designated statutorily by the legislature. This is a harmless and rather unimportant question. If you favor the death penalty for murderers then you likely want to vote in favor. I have wavered on the penalty in the wake of clear tampering of evidence and some notable DNA exonerations. Nonetheless, as a constitutionalist, I will support this question. If we want to end the death penalty a vote against is not adequate to the task. VOTE YES.

State Question 777 was designed to establish a constitutional guarantee for farmers and ranchers to engage in farming and ranching practices. This is no panacea for property owners. It has little actual impact. It does protect all agriculturally related land owners including large corporations. I am amazed by the advocates of private property that would oppose this on the grounds that it protects corporate land owners. Property is property and the owners thereof deserve to be protected under the law. However, the protection it provides is minimal. The legislature may place further regulation on use by leaping a rather low standard. In that it doesn't really change anything. On the other hand, it creates an absolute barrier to subdivisions of government (counties and cities) from placing any further restrictions on agriculture. Having owned a ranch and vineyard which happened to be in the city limits I knew that the city could have put a stranglehold on my land use at any time. This proposal is worthwhile. VOTE YES.

State Question 779 was designed to increase the state sales tax by one percent to generate revenue for education funding. It will come as a surprise to nobody that I would oppose this Boren Tax. The reasons to oppose it are many and there is no good reason to support it. VOTE NO!

State Question 780 was designed to reclassify certain property offenses and simple drug possession misdemeanor crimes. The state of Oklahoma has been far too quick to create felonies. With 3 strikes you're out we are overfilling our prisons. We are not making Oklahoma safer. I don't want people to use drugs recreationally. I don't want to be a victim of a property crime of any size. However, making felons of all such criminals has not and will not help. VOTE YES.

State Question 781 was designed to use money saved by reclassifying certain property and drug crimes as misdemeanors outlined in State Question 780 to fund rehabilitative programs. "Ignorance gone to seed" is the best way I know of to describe this idea. Money saved is the property of the taxpayers. Creating another government program is not wise. VOTE NO!

State Question 790 was designed to repeal Section 5 of Article 2 of the Oklahoma Constitution, which prohibits public money from being spent for religious purposes. There is a lot of confusion on this one. The article to be repealed is a bad one. It doesn't matter how much you might worry about the infusion of religion into public life. If this were a question of adding the article to the constitution most of those who don't want it removed would not want it added. No Pandora's box will be opened if we remove language which was designed to discriminate against a religious minority. We will continue to have the 1st amendment to the US constitution. VOTE YES.

State Question 792 was designed to allow grocery stores and convenience stores to sell full-strength beer and wine. It saddens me that this proposal does not do what should be done. I would suggest that the only significant role the state has in the regulation of the sale of alcoholic beverages is the age restriction. Currently children are not permitted in liquor stores or bars. They will, however, be allowed full access to grocers and convenience stores under this proposal. "Modernization" of liquor laws does not consist of creating a system of contradictory standards for different businesses. I would suggest that any business selling age restricted items should be required to do so in an age restricted section of the business. This would create a single, simple standard for all businesses selling such items. It is little inconvenience for families to keep their children out of the bar area of a restaurant or out of a liquor store. Nor would it be a problem to require a store selling such items to create an age restricted area (such as behind the counter as is done with cigarettes) for such items. This state question does the wrong things and does not do them in a fair or even handed manner. VOTE NO!

AFP-Oklahoma issues guide on SQ779

As you may have noticed, Americans For Prosperity - Oklahoma is the newest advertiser on MuskogeePolitico.com. They have issued a helpful guide on State Question 779 for voters researching the issue in advance of the upcoming election.

If you look at their analysis, you will find out that:

• The "it's just a penny" sales tax increase is actually a 22% increase in our state sales tax burden
• SQ779 could increase taxes on Oklahoma households by more than $420 a year.
• If passed, Oklahoma would have the highest average combined sales tax rate in America.
• Less than 60 percent of the tax revenue could be spent on teacher pay raises and retention.

For more information, visit this link or click on the banner above.

If you would like to advertise for your campaign, ballot issue, or business, send an email to JamisonFaught@MuskogeePolitico.com.

SQ777, SQ779 and other election issues are driving record-breaking traffic to MuskogeePolitico. My two latest posts on SQ777 are now the 2nd and 4th most read posts here and have received a combined 9,000 views in the past 4 days, with a large amount directed through social media. The last two weeks have been by far the heaviest traffic in this site's eight years of existence. This is a great time to advertise on Muskogee Politico and reach voters and readers across the state.

"Tax Bill 779": Group airs ad against SQ779

Oklahoma Deserves Better, a new group formed to oppose SQ779, has a television ad out on the proposed sales tax hike:



According to filings with the Oklahoma Ethics Commission, the chairman of the group is Enid Mayor Bill Shewey, a vocal opponent of SQ779. It appears that numerous Oklahoma mayors are part of the coalition, including outgoing Tulsa Mayor Dewey Bartlett.

You can learn more about their efforts and arguments against SQ779 at OklahomaDeservesBetter.com.

OCPAC Voters' Guide on State Questions, Supreme Court

Continuing with more perspectives on the State Questions and judges on the ballot, here is what John Michener, president of the Oklahoma Conservative Political Action Committee has to say:

Answering Ballot Questions, A Voter Guide

SQ 776, “Full Force & Effect of Death Penalty.”  Vote YES.  This measure would affirm in the state constitution that the death penalty is not cruel or unusual punishment.  It would affirm that the death penalty remains in force even when a particular method of execution is unavailable.

SQ 777, “Right to Harm.”  Vote NO.  This proposed amendment to our state constitution sounds good on the surface, but it appears to have been written by Washington lobbyists on behalf of multi-national corporate agricultural interests.  The measure is designed to bypass our state legislature’s authority, so that federal mandates and regulations can rule the day in farming.  Ultimately, if passed, this measure would make it harder for small farmers to fight federal overreach and harder to fight the lawyers of out-of- state big corporations.  Here is a thirteen-minute explanation of SQ 777, and here is our interview on the Pat Campbell Show.

SQ 779, “The Boren Tax.”  Vote NO.  This measure would create a new permanent state-wide sales tax.  About 70% would go to government school districts, about 20% to state universities, and almost 10% to the State Dept. of Education.

Space does not permit us to fully reveal the utter depravity of this proposal.  The government school system functions as an inefficient and corrupt monopoly, as we have explained in previous updates.  Creating a huge, permanent, new funding source will only exacerbate the problems inherent in the system.

Practically speaking, the new tax would be a tremendous burden on the citizens of the state.  If enacted, the Boren tax would increase the state education sales tax rate by about 28%!   Would you stand for your income tax rate or real estate tax rate increasing by 28%?  Is that reasonable?  The increase would make our state less competitive with other states.  According to the Tax Foundation, it would raise Oklahoma’s average statewide sales tax to the second-highest in the union.  This is no way to roll out the welcome mat for prospective families and businesses.

Furthermore, the only way to get rid of this onerous tax would be to amend the state constitution again.  Funding state departments should not be accomplished by four million people changing the constitution.  It is the proper responsibility of the Legislature in the budgeting process as they analyze needs and attempt to provide oversight of our many departments.

SQ 780, “Smart Justice Reform Act.” Vote YES.  This measure would change some drug possession crimes from a felony to a misdemeanor, and it would raise the property crime threshold to $1,000, so that if the crime involved less than $1,000 in value, it would be classified as a misdemeanor rather than a felony.  These changes make common sense.  There is a tremendous difference between having a misdemeanor versus a felony conviction on one’s record.  If we want the penalty to match the crime, this is a reform in the right direction.  Those who hurt themselves and others by abusing drugs are not beyond recovery.  They may deserve some punishment and rehabilitation, but to treat them as felons is to unfairly limit many of their future options.

SQ 781, “County Community Safety Investment Fund.”  Vote NO.   A man came home and said to his wife, “Look at this new power drill I bought for free.”  “Bought for free?” she said.  “Yes.  It was originally $40, but it was marked half off, so I bought it with the $20 I saved.”

SQ 781 is reminiscent of the free power drill.  The state would come home with a new slush fund.  Revenue for the fund would come from the cost savings of implementing SQ 780, as imagined by the “best estimate” of the Office of Management and Enterprise Services.  Then the funds would be redistributed to counties for “community rehabilitative programs.”  Let’s not buy another dollar-sucking socialist scheme.  We can use existing public and private programs to help those with addiction problems.

SQ 790, “Repeal the Blaine Amendment.”  Vote YES.  Last year the Oklahoma Supreme Court ordered a monument of the Ten Commandments be removed from the capitol grounds, citing a portion of the Oklahoma Constitution which prohibits the government from using public property for the benefit of any religious institution.  The purpose of the monument was to remember the historical influence of the Ten Commandments, not to support a particular religious institution.  Furthermore, the monument was placed by private funds.  The court’s opinion was wrong.  If the court’s opinion is applied consistently, women and children on Sooner Care will not be able to receive services from a clinic or hospital affiliated with a religion, we will not be able to vote at church polling places, and we will not be able to hold school or conduct public business at churches after a tornado or fire destroys a public building.

Sen. Joseph Silk of Broken Bow and Sen. Rob Standridge of Norman authored SQ 790 so that the citizens might correct the injustice of the court.  If SQ 790 passes, the state must still comply with the Establishment Clause of the U.S. Constitution, which prevents government from endorsing a religion, but we will be able to replace our Ten Commandments monument and continue to benefit from the generosity of churches.

Download this Ten Commandments Flyer, and give a copy to everybody at church.  Ask them to vote YES on SQ 790.

SQ 792, “Modernizing Liquor Laws.”  Vote Yes.  In a perfect world, we would dismantle the ABLE Commission and allow any businessperson to sell all kinds of adult beverages without state interference.  This complex resolution would not accomplish that, and it contains many anti-free market aspects.  The Legislature would still be regulating the adult beverage industry to a high degree.  The fascist ABLE commission would remain intact.  Licensing and other restrictions on ownership and sales would continue under this proposed amendment (e.g., felons could not be licensees—another reason to vote yes on SQ 780).  However, if passed, Oklahoma would inch in the right direction.  We would see more competition and availability of products as a result, and we would be more competitive with other states.  We might even be allowed to buy local communion wine on Sundays!  Vote YES.

Judging Justices

Oklahoma Supreme Court Justices James Winchester and Donald Combs will be on the ballot.  Vote NO on both!  In the last few years, the Oklahoma Supreme Court has:

• Banned the Ten Commandments.  Prescott v. Okla. Capitol Preservation Committee, 2015 OK 54.  The U.S. Supreme Court has the Ten Commandments on its building.  Previous state Supreme Courts have upheld Christian symbols like a Cross on public ground.
• Protected child rapists.  Burns v. Cline, 2016 OK 99.  The court struck down a law requiring tissue samples from minors getting abortions.  This law would have helped attorneys prosecute rapists.  Other state agencies have this authority, but the court targeted this pro-life law unjustly.
• Denied women ultrasounds.  Nova Health Systems v. Pruitt.  292 P.3d 28, 2012.  Seeing an ultrasound makes a mom 80% less likely to choose abortion.  Babies die every day as a result of this opinion.
• Protected abortionists.  Burns v. Cline, 2014 OK 90.  This decision overturned the law requiring abortionists to have admitting privileges at a local hospital.
• Protected sex offenders.  Hendricks v. Jones ex rel. State ex rel. Okla. Dept of Corr., 2013 OK 71.  The court overturned a law that deterred sex offenders from moving to Oklahoma.

Download this Judging Judges Flyer and give a copy to everybody at church.  Ask them to vote NO on Oklahoma Supreme Court Justices James Winchester and Donald Combs.

OCPA posts voter's guide for state questions

 Voters' Guide to Ballot Measures

published by the Oklahoma Council of Public Affairs

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, we are providing accurate descriptions and analysis of what these ballot measures say and will do if adopted by voters.


[ State Question 776 ] Reiterating 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 punishment.” S.Q. 776 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 unconstitutional. The purpose of S.Q. 776 is to reiterate, in the state Constitution, that capital punishment is not unconstitutional in Oklahoma. It also clarifies that the legislature, rather than judges, has the power to determine methods of execution.

[ State Question 777 ] Limiting Regulations of Farming and Ranching

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.”

Impact: The text of S.Q. 777 says its purpose is to “protect agriculture,” which it declares “is the foundation and stabilizing force of Oklahoma’s economy.” It could not be used to challenge any laws enacted in 2014 or earlier. For later laws, or anything enacted by a future legislature, S.Q. 777 would require courts to apply the 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.

[ State Question 779 ] Sales Tax Increase Directed to State Education

Description: This state constitutional amendment would increase Oklahoma’s 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 legislature’s use of the tax increase revenue to ensure it is used to increase spending levels for state education.

Impact: S.Q. 779 would increase spending on state education programs by an estimated $615 million per year. According to the Tax Foundation, it would raise Oklahoma’s 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. Oklahoma’s 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.

[ State Question 780 ] Reducing 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 in jail and a fine of up to $1,000. For 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 fines of $1,000 or less.

Impact: Felonies are crimes punishable 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 corrections. S.Q. 780 would change state law so that the possession of illegal drugs would be a misdemeanor instead of a felony. Manufacturing, trafficking, and selling illegal drugs would remain felonies punishable by long terms of imprisonment. Because of reforms passed this year by the state legislature (after S.Q. 780 was written), most of the reductions in sentences for nonviolent property crimes are already set to take effect this fall.

[ State Question 781 ] Directing Sentencing Reform Savings to Counties

Description: This measure will only take effect if voters also pass S.Q. 780. It would require Oklahoma’s Office of Management and Enterprise Services to calculate how much the state government has saved from the reforms made by S.Q. 780 (from fewer people being sent to state prisons) and to transfer that amount of state funds to a new special account. Funds from the account would then be provided to county governments, “in proportion to county populations,” for “rehabilitative services, including but not limited to mental health and substance abuse services.”

Impact: If S.Q. 780 is passed by 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 will have higher expenses. S.Q. 781 is intended to capture the state’s 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.

[ State Question 790 ] Repealing Article 2, Section 5 of the Oklahoma Constitution

Description: This measure removes 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, benefit, or support of any sect, church, denomination, or system of religion, or for the use, benefit, 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 First Amendment of the U.S. Constitution, it violated Article 2, Section 5 of the Oklahoma Constitution. In response, state legislators enacted the resolution to send S.Q. 790 to voters to decide whether to repeal this state constitutional language and, in effect, overturn the Oklahoma Supreme Court’s decision.

[ State Question 792 ] Reforming Constitutional Regulations 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 “low-point” 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. Liquor 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. S.Q. 792 would reduce some of these 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 Alcoholic Beverage Laws Enforcement (ABLE) Commission would remain and would regulate the sale of alcoholic beverages at all stores.