Election Results Map: State Question 790

Continuing with my update to the Election Results Maps series, here is State Question 790.

The 'Yes' vote won only 10 counties (average 'yes' vote of 51.56%), all west of I-35 and mainly in the northwest. 61 counties rejected the question (average 'yes' vote of 44.65%). Opposition was strongest in the southeast and the OKC/Tulsa metros.

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.

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!

RSLC Releases TV Ad Supporting “Yes” on SQ790

RSLC Releases TV Ad Supporting “Yes” on 790

WASHINGTON, D.C. – Today, the Republican State Leadership Committee (RSLC) released a TV ad featuring Lieutenant Governor Todd Lamb encouraging Oklahomans to vote “yes” on State Question 790. The multiple six-figure ad buy will run in multiple markets across Oklahoma through Election Day.

“I’m proud to call Oklahoma home – a state where we love our neighbors, respect our differences and work together to make our state the best it can be,” said Lt. Governor Lamb. “These fundamental values are precisely why I believe we most vote ‘yes’ on 790 and get rid of the Blaine Amendment once and for all. Our state should always be a place where religious freedom is encouraged, where prayer is welcome before the big game, where fundamental services are available at all hospitals, and where parents have a wider range of opportunities and choices when planning their children’s education. I am hopeful that this TV ad will continue giving voters the information that they need to move our state forward by voting  ‘yes’ on State Question 790 this Election Day.”

“Freedom is the most basic right we have as Americans," said RSLC President Matt Walter. "I encourage all Oklahomans to vote 'yes' on 790 to ensure that this right is respected in the Sooner State. Getting rid of the Blaine Amendment is vital to ensuring that people of faith can continue to provide critical public services - from healthcare to education - that will benefit the entire state. Our new ad sheds a light on what is truly at stake this November. Oklahomans should vote 'yes' on State Question 790."

“Through my work with the national Republican Lieutenant Governors Association, a caucus within the RSLC, I have found that this organization shares our conservative Oklahoma values,” Lamb added. “I am glad that I have been able to enlist their support for this critical issue that is about more than the freedom to acknowledge and display our religious heritage, but is really about protecting the ways our state works together to improve the lives of Oklahomans.”

View the TV ad here.

About the RSLC
The Republican State Leadership Committee (RSLC) is the largest caucus of Republican state leaders in the country and the only national organization whose mission is to elect Republicans to multiple down-ballot, state-level offices.  Since 2002, the RSLC has been working to elect candidates to the offices of lieutenant governor, attorney general, secretary of state, state legislator, the judiciary and other down-ticket races.  The RSLC has more than 150,000 donors in all 50 states. During the 2013-2014 election cycle, the RSLC was active in all 50 states and picked up ten new state legislative chambers, leading to an all-time historic high of 69 chambers controlled by Republicans.  Following the 2015 elections, Republicans now hold 32 total Republican lieutenant governor seats, along with a Republican majority of secretaries of state, now at 28. The RSLC successfully expanded the Future Majority Project and Right Women, Right Now initiatives, spending more than $6 million in direct support of Republican candidates of diverse descent and women, leading to the election of 164 new candidates. Last cycle, the RSLC also launched the Judicial Fairness Initiative and the new top-level domain for the Republican Party, ‘.gop.’ To learn more about the RSLC, please visit www.rslc.gop or follow @RSLC on Twitter.

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.