Shawn Ashley, Quorum Call
(QC) The Senate Joint Committee on Appropriations and Budget approved a bill Monday that sets an August 25 special election date for two proposed state questions.
The committee substitute for HB4063 , by Rep. John Kane, R-Bartlesville, Rep. Trey Caldwell, R-Lawton, Sen. Chuck Hall, R-Perry, and Sen. John Haste, R-Broken Arrow, sets an August 25, 2026, special election for HB4440 and HJR1024.
HB4440 , by House Speaker Kyle Hilbert, R-Bristow, and Seate President Pro Tempore. Lonnie Paxton, R-Tuttle, directs the Secretary of State to refer to the people for a vote a proposed amendment to the state Constitution that would repeal Sections 1, 2, 3, and 4 of Article XXV-A of the Oklahoma Constitution. It would also put to the vote of the people an amendment to statute that in addition to those otherwise eligible for medical assistance under Oklahoma’s Medicaid program, the state must provide medical assistance under Oklahoma’s Medicaid program to low-income adults, defined as those whose income does not exceed 133 percent of the federal poverty level. It requires the Oklahoma Health Care Authority to take all actions needed to maximize federal financial participation in funding medical assistance. It provides a ballot title.
HJR1024 , by Rep. Anthony Moore, R-Clinton, and Sen. Todd Gollihare, R-Kellyville, refers to the people for their approval or rejection a proposed amendment to Section 3 of Article VII-B of the Constitution of the State of Oklahoma modifying the appointment process for the Judicial Nominating Commission. It requires that if approved by the voters, the six members appointed by the Governor to serve a term of six years and that at least one be from each congressional district as they exist as of the date of appointment. It requires the three at large members serve 2 year terms. It requires that if approved by the voters, the six members of the Bar Association are to serve six year terms. It requires that if approved, it would remove restrictions related to the three at-large members relating to being a lawyer or having an immediate family member who is a lawyer. It provides that if approved, it would remove restrictions relating to the number of selections belonging to one political party. It limits commissioners from serving more than 12 years. It requires the modifications, if approved, to apply to any position of the Judicial nominating Commission that ends by expiration of the term of office or by vacancy.
When HB4440 and HJR1024 were considered on the Senate floor, the call for a special election for each measure failed to receive the two-thirds vote required for approval. The special election date for each bill was held on a notice to reconsider but the date failed on the second vote, as well.
Paxton presented HB4063 to the Senate Joint Committee on Appropriations and Budge(JCAB) on Monday. Senate Minority Leader Julia Kirt, D-Oklahoma City, asked if the bill violated the single-subject rule of the Oklahoma Constitution, which requires bills deal with only one issue. Paxton said he, too, had asked that question and said he was told there was precedent for such action. Specifically, he pointed to Oklahoma’s 2001 vote on Right-to-Work, State Question 695, which was on a September ballot that year. “That election failed twice before it was passed,” Paxton said. Sen. Carri Hicks, D-Oklahoma City, asked Paxton if he was attempting to “circumvent” the rules the August 25 election date had failed to receive two-thirds approval. Paxton said he disagreed with the idea that he was proposing to circumvent the rules. “We are using the rules we have.”
Hicks asked whether the bill would require two-thirds approval on the floor. Paxton noted the bill only needed a majority vote to pass the committee but would need two-thirds approval on the Senate and House floors to set the special election date.
Sen. Regina Goodwin, D-Tulsa, pressed Paxton regarding where in the rules such a move was allowed. Paxton said Senate Rules require a majority vote in committee and the two-thirds requirement for the special election date is set by the Constitution.
“If you don’t get two-thirds, is it your intention to keep trying,” Sen. Michael Brooks, D- Oklahoma City, asked. “My intention is to get two-thirds,” Paxton replied.
In debate, Hicks said she was frustrated that a 25-year old precedent was being used to try to put the state questions on a ballot with the lowest voter turnout.
“It’s troubling that we are doing this and circumventing the process on the legislative floor,” added Goodwin.
Closing debate, Paxton said putting the state questions on the August 25 ballot would allow voters to focus on the very important decisions, rather than placing them on November’s long general election ballot.
The do pass motion passed 16-6. Sen. Kendal Sacchieri, R-Blanchard, joined the committee Democrats in voting nay. Sacchieri is one of the members of the Oklahoma Freedom Caucus, whose members either walked the vote or voted nay when the special election dates were considered originally on the Senate floor. The other Oklahoma Freedom Caucus member of the committee, Sen. Dana Prieto, R-Tulsa, was absent from Monday’s meeting.
HB4440 is currently in the hands of the House. Hilbert must decide whether to accept or reject Senate amendments to the measure. HJR1024 has been approved by both chambers and sent to the Secretary of State.