OCPA Impact, Inc v. Sheehan

In 2015, Respondents-Proponents Shawn Sheehan, Linda Reid, and Melvin Moran filed Initiative Petition No. 403 (State Question No. 779), with the Oklahoma Secretary of State. The petition sought to amend the Oklahoma Constitution by adding a new Article 13-C, creating the Oklahoma Education Improvement Fund. Funds generated by the one-cent tax would be distributed to public school districts, higher education institutions, career and technology centers, and early childhood education providers for certain educational purposes outlined in the proposed article. Petitioners filed suit to challenge the gist of the measure post-circulation and the sufficiency of the Attorney General's rewritten ballot title. After review of the matter, the Oklahoma Supreme Court held the time for challenging the gist of a measure had expired, and found that the Attorney General's rewritten ballot title was deficient. "We agree that the ballot title is misleading if it does not mention the Board of Equalization's role in limiting appropriations. In addition, the ballot title should refrain from partiality and should clarify the amount of the sales and use tax as well as its allocation." Pursuant to 34 O.S. Supp. 2015, sec. 10 (A)6 , the Court corrected and amended the ballot title. View "OCPA Impact, Inc v. Sheehan" on Justia Law