Summary
The Oklahoma Supreme Court reviewed a constitutional challenge to Initiative Petition No. 403, which proposed adding Article 13-C to create the Oklahoma Education Improvement Fund and impose an additional one-cent sales and use tax. The Court held that the initiative satisfied the one-general-subject rule in Article 24, section 1 of the Oklahoma Constitution and was legally sufficient for submission to Oklahoma voters.
Holdings
- Initiative Petition No. 403 did not violate Article 24, section 1 of the Oklahoma Constitution because its provisions were germane to the single general subject of creating and implementing the Oklahoma Education Improvement Fund.
- Initiative Petition No. 403 was legally sufficient for submission to the people of Oklahoma, and its proponents could proceed with the remaining statutory requirements.
Questions Presented
- Whether Initiative Petition No. 403 violated Article 24, section 1 of the Oklahoma Constitution by embracing more than one general subject.
- Whether the initiative petition was legally sufficient for submission to the people of Oklahoma.
Disposition
approved
Cases Cited (13)
- In re Initiative Petition No. 358, 1994 OK 27, 870 P.2d 782(followed)
- In re Initiative Petition No. 360, 1994 OK 97, 879 P.2d 810(followed)
- In re Initiative Petition No. 382, 2006 OK 45, 142 P.3d 400(followed)
- In re Initiative Petition No. 362, 1995 OK 77, 899 P.2d 1145(followed)
- In re Initiative Petition No. 314, 1980 OK 174, 625 P.2d 595(discussed)
- In re Initiative Petition No. 319, 1984 OK 23, 682 P.2d 222(followed)
- In re Initiative Petition No. 363, 1996 OK 122, 927 P.2d 558(followed)
- Rupe v. Shaw, 1955 OK 223, 286 P.2d 1094(followed)
- In re Initiative Petition No. 271, 1962 OK 178, 373 P.2d 1017(followed)
- In re Initiative Petition No. 344, 1990 OK 75, 797 P.2d 326(distinguished)
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Court Document
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