In re: State Question No. 805, Initiative Petition No. 421

Summary

The Oklahoma Supreme Court assumed original jurisdiction and granted extraordinary relief to the proponents of Initiative Petition 421, State Question 805. The Court issued a writ of mandamus directing the Oklahoma Secretary of State to accept the signed petitions for filing and promptly begin and complete the signature-counting process despite the COVID-19 emergency.

Holdings

1. The Oklahoma Supreme Court may assume original jurisdiction over a publici juris controversy when urgency and the need for a judicial determination are present.
2. The Secretary of State has a clear, ministerial, and mandatory duty to accept for filing initiative petitions tendered in compliance with the statute and to begin the signature-counting process.
3. The Secretary of State's temporary tolling of the signature-gathering deadline did not alter the proponents' statutory rights under 34 O.S. Supp. 2015, § 8(G).
4. The Secretary of State's asserted practical and safety concerns did not establish that the signature-counting process could not be performed efficiently with necessary safety precautions and did not justify withholding performance of the mandatory duties.

Questions Presented

1. Whether the Oklahoma Supreme Court should assume original jurisdiction over the proponents' publici juris request for extraordinary relief.
2. Whether the Secretary of State had a mandatory statutory duty to accept the signed petitions for filing and begin the signature-counting process under 34 O.S. Supp. 2015, § 8(G).
3. Whether the Secretary's tolling of the signature-gathering deadline during the COVID-19 emergency altered the proponents' statutory rights under § 8(G).
4. Whether practical and safety concerns related to the COVID-19 pandemic justified refusing or delaying performance of the Secretary's ministerial duties.

Disposition

writ_granted