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The Ardmoreite

OTHER VIEWS

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Against State
Question 777

oth sides in the debate over State Question

777 the so-called Right to Farm proposal have been guilty of excesses in their
arguments.
The proponents have suggested that only a state
constitutional measure could shield cherished
rural values of decent working farmers from
the meddling hands of bureaucrats and lunatic
eco-extremists.
The opponents have claimed that, were the
measure to pass, almost any imaginable cruelty
up to and including ramming a steel rod down
a puppys throat to debark it would become
legal and have the same protection as free speech
in Oklahoma.
We dont think either nightmare scenario is
likely, and chalk up the exaggerated rhetoric to
the need to get voters excited ... and the desire to
raise money.
A rational review of SQ 777 comes to these
conclusions: It solves no pressing problem in the
state, and it could create some.
The measure would prevent future state and
local regulation on farming and livestock activities
unless the state has a compelling state interest,
a very high legal standard shared by basic civil
rights. Rules that were on the books before Dec.
31, 2014, and regulations in several areas trespassing laws, for example are exempt.
It wouldnt wipe animal cruelty laws off the
books. Neither would it effectively protect the
lifestyles of grandpas farm. In fact, the measure
would give enormous legal protections to big-time
corporate agriculture, which is a greater threat to
the iconic homestead than the Legislature.
Agriculture remains an amazingly powerful interest group at the state Capitol, and Exhibit A is
the legislative vote to put SQ 777 on the ballot in
the rst place. Frankly, farmers have little to fear
from state lawmakers messing with their business.
And when thats not true, shouldnt the people
through their elected representatives, be able to
regulate an industry that affects land, water and
food? You say the state shouldnt regulate those
things. Why not?
The rst rule of constitutional amendments
should be: First, do no harm, and in its potential
for unintended consequences especially in the
states ability to protect its own environment we
fear harm in SQ 777.
Farming is very important, but SQ 777 doesnt
solve any real Oklahoma problems, and its potential to create new problems in the future makes it
bad policy.

Tulsa World

Property of OPS News Tracker and members of the Oklahoma Press Association.

Cleveland American

INFO

PAGE 2
Wednesday, October 5, 2016

THE CLEVELAND AMERICAN

Published in Cleveland, OK 74020

SUMMARY OF
Oct
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STATEQUESTIONS
Seven state questions will appear on the Nov. 8 general election ballot. Legislative
Referendums are placed on the ballot by the Oklahoma Legislature. Initiative
Petitions are placed on the ballot by gathering signatures from citizens. Each
question is reprinted here as it will appear on the ballot followed by a brief summary.



Death Penalty

STATEQUESTION

Education Funding Tax

STATEQUESTION



STATE QUESTION NO. 776

LEGISLATIVE REFERENDUM NO. 367

STATE QUESTION NO. 779

INITIATIVE PETITION NO. 403

This measure adds a new section to the Oklahoma Constitution, Section 9A of Article 2.
The new Section deals with the death penalty. The Section establishes State constitutional
mandates relating to the death penalty and methods of execution. Under these
constitutional requirements:
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unusual punishment under Oklahomas Constitution, nor to contravene any provision of the
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This measure adds a new Article to the Oklahoma Constitution. The article creates a limited
purpose fund to increase funding for public education. It increases State sales and use
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raise teacher salaries by at least $5,000 over the salaries paid in the year prior to adoption
of this measure. It requires an annual audit of school districts use of monies. It prohibits
school districts use of these funds for increasing superintendents salaries or adding
superintendent positions. It requires that monies from the fund not supplant or replace other
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SUMMARY: State Question 776 does two things: it addresses the

method of execution for an inmate on death row, and it states that the
death penalty shall not be deemed cruel and unusual punishment. If the
proposal is approved, a new section would be added to the Oklahoma
Constitution that allows the state to continue to impose the death
penalty, even if a specific method of execution becomes unavailable.
Death sentences would remain in effect until they can be carried out by
any method not prohibited by the US Constitution.
If approved, the constitutional amendment would apply to the state
constitution but not the federal constitution or courts applying federal
law.
The Oklahoma death penalty law, enacted in 1976, has been
consistently applied by Oklahoma elected officials: the state executed
191 men and three women between 1915 and 2014 at the Oklahoma
State Penitentiary (82 by electrocution, one by hanging, and 111 by
lethal injection). Statutes specifically allow gas inhalation, electrocution,
and firing squad as backups to the primary form of execution by lethal
injection.
In October 2015, Oklahoma suspended executions for a review of
lethal injection protocols. One of the drugs most commonly used for
lethal injection is sodium thiopental, which is no longer manufactured
in the United States. In 2011, the European Commission imposed
restrictions on the export of certain drugs used for lethal injections in
the United States.
As a result, many states no longer have the drugs used to carry out
lethal injection. Oklahoma has turned to other drugs as a substitute
for sodium thiopental. However, recent instances of executions around
the country in which alternative drugs were used may have produced
adverse outcomes.
The death penalty is legal in thirty-one states, and illegal in nineteen.



Agriculture

STATEQUESTION
STATE QUESTION NO. 777
LEGISLATIVE REFERENDUM NO. 368

This measure adds Section 38 to Article II of the Oklahoma Constitution. The new Section
creates state constitutional rights. It creates the following guaranteed rights to engage in
farming and ranching:
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with the exercise of these rights. Under this extra protection, no law can interfere with
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SUMMARY: If the proposal is approved, the measure would prevent

lawmakers from passing legislation to regulate agriculture unless there
is a compelling state interest. The proposal would forbid the state of
Oklahoma from regulating the use of agricultural technology, livestock
procedures, and ranching practices. The standard of compelling state
interest is a key component to the question because it sets a very high
standard for a law to be judged.
If passed, the proposal would apply to any democratically elected
body that can trace its creation to the state legislature, including county
and city governments, but not school boards. Federal laws would not
be impacted; current state laws about farming and ranching would
be grandfathered in, and would not be repealed by this amendment.
Grandfathered laws could be amended or repealed in the future.
Similar proposals have been presented to voters in other states, first
in North Dakota. A similar amendment passed in Missouri in 2014;
another amendment was considered in Nebraska earlier this year but
was not approved by legislators for a vote of the people. Oklahomas
State Question 777 is inspired in part by opponents of Proposition 2 in
California. Proposition 2 required certain farm animals to be able to lie
down, stand up, fully extend limbs, and turn around freely. SQ 777 is
unique in that it added the compelling state interest clause.
Oklahomas top agricultural products in revenue are cattle, hogs,
poultry, wheat, and dairy. Agriculture is the states fourteenth highest
economic sector, accounting for less than 2 percent of GDP, (higher
than agricultures national rate). For decades, as technology and yields
have advanced, the number of agricultural jobs and farms has declined.
Nine in ten Oklahoma crop and animal operations are owned by private
citizens, many of whom contract with larger corporations.

SUMMARY: If this proposal is approved, Article 8-C would be

added to the Oklahoma Constitution creating a limited purpose
fundthe Education Improvement Fund.
An increase of the sales and use tax by one cent on the dollar
would provide revenue for the fund. School districts that benefit
from the fund would be subject to an annual audit. Funds
generated by the tax cannot be used to replace other state funding
of common, higher, career and technology, and early childhood
education.
The provisions of the new article require a minimum $5,000
salary increase for teachers over the salaries paid in the year prior
to adoption. The funds generated would not be used to increase
the salaries of school superintendents or to add superintendent
positions.
Oklahomas average compensation for teachers, including salary
and benefits, is $44,921. According to the National Education
Association, Oklahoma ranks 49th in the nation in teacher pay.
A section within the new article to the state constitution
establishes that monies collected would be distributed as follows:
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to provide teachers with a minimum $5,000 raise and otherwise
address or prevent teacher and certified instruction staff shortages.
> 13.67 percent of common education funding would be used
to adopt or expand, but not maintain, programs, opportunities
or reforms for improving reading in early grades, improving
high school graduation rates, and increasing college and career
readiness.
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Law Enforcement

STATEQUESTION



STATE QUESTION NO. 780

INITIATIVE PETITION NO. 404
This measure amends existing Oklahoma laws and would change the classication of
certain drug possession and property crimes from felony to misdemeanor. It would make
possession of a limited quantity of drugs a misdemeanor. The amendment also changes
the classication of certain drug possession crimes which are currently considered
felonies and cases where the defendant has a prior drug possession conviction. The
proposed amendment would reclassify these drug possession cases as misdemeanors.
The amendment would increase the threshold dollar amount used for determining whether
certain property crimes are considered a felony or misdemeanor. Currently, the threshold
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by this change include; false declaration of a pawn ticket, embezzlement, larceny, grand
larceny, theft, receiving or concealing stolen property, taking domesticated sh or game,
fraud, forgery, counterfeiting, or issuing bogus checks. This measure would become
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SUMMARY: If the measure is approved, State Question 780 would reclassify certain offenses, such as simple drug possession and property
crimes, as misdemeanors rather than felonies. The reclassification of
the drug possession offense is intended to be applied to persons who
use the drugs, not to those who are selling or manufacturing the drugs.
The measure also would change the dollar amount threshold for property crimes charged as felonies from $500 to $1,000.
The goal of this measure is to reduce the size of the states prison
population and to reduce the amount of state funds being spent on
prisons. SQ 780 proposes to change Oklahoma statutes, not the constitution.
According to the U.S. Bureau of Justice in 2014, Oklahoma had
the second highest incarceration rate in the nation at 700 inmates per
100,000 U.S. residents. Oklahoma also had the highest incarceration
rate for women that year. The total correctional population of a state
includes people incarcerated and on probation or parole.
The Oklahoma Department of Corrections indicated in August
2016 that the prison system was at 104 percent of its capacity with
27,097 inmates being held. Drug offenders comprise 26.3 percent of inmates. Another 23.3 percent of inmates are imprisoned for other nonviolent crimes. According to the Oklahoma DOC 2015 annual report,
the Oklahoma prison population has increased by 22.6 percent since
2006. In fiscal year 2016, the Oklahoma legislature appropriated $485
million to the Oklahoma Department of Corrections.
If the measure is approved, the changes proposed would not be retroactive. Sentences for current inmates would not change.

For more information about State Questions, see the Oklahoma Secretary of State website at
www.sos.ok.gov/gov/state_questions.aspx

Criminal Rehabilitation

STATEQUESTION



STATE QUESTION NO. 781

INITIATIVE PETITION NO. 405
This measure creates the County Community Safety Investment Fund, only if voters
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create a fund, consisting of any calculated savings or averted costs that accrued to the
State from the implementation of the Oklahoma Smart Justice Reform Act in reclassifying
certain property crimes and drug possession as misdemeanors. The measure requires the
Ofce of Management and Enterprise Services to use either actual data or its best estimate
to determine how much money was saved on a yearly basis. The amount determined
to be saved must be deposited into the Fund and distributed to counties in proportion to
their population to provide community rehabilitative programs, such as mental health and
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SUMMARY: The implementation of State Question 781 is contingent

on the passage of State Question 780. If SQ 781 is approved by voters, but
SQ 780 is not, none of the changes described in SQ 781 will be enacted.
If both measures are approved, SQ 781 would create the County
Community Safety Investment Fund. That fund would hold any cost
savings achieved by reducing numbers of people incarcerateda
decrease resulting from reclassifying certain property crimes and drug
possession as misdemeanors. The new Investment Fund would be a
revolving fund not subject to fiscal year limitations. Any savings or
averted costs would be calculated by the Office of Management and
Enterprise Services.
If savings are determined, the legislature would be required
to appropriate that amount from the general fund to the County
Community Safety Investment Fund.
The money must be used for county rehabilitative programs, including
those that address mental health and substance abuse, or provide job
training or education. The money would be distributed to Oklahoma
counties in proportion to their population.
The Office of Management and Enterprise Services will use actual
data or make its best estimate when calculating cost savings per year.
Its calculation would be final and would not be adjusted because of
subsequent changes in underlying data.
The intent of SQ 781 is to focus on root causes of criminal behavior
such as addiction and mental health problems, as opposed to placing
more people charged with lower-level offenses behind bars.

Religion & the State

STATEQUESTION



STATE QUESTION NO. 790

LEGISLATIVE REFERENDUM NO. 369
This measure would remove Article 2, Section 5 of the Oklahoma Constitution, which
prohibits the government from using public money or property for the direct or indirect
benet of any religion or religious institution. Article 2, Section 5 has been interpreted by the
Oklahoma courts as requiring the removal of a Ten Commandments monument from the
grounds of the State Capitol. If this measure repealing Article 2, Section 5 is passed, the
government would still be required to comply with the Establishment Clause of the United
States Constitution, which is a similar constitutional provision that prevents the government
from endorsing a religion or becoming overly involved with religion.


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SUMMARY: State Question 790 addresses public funding and property

use regarding the separation of church and state. It is a proposal to
repeal a section of the states constitution. If the measure is approved,
Article 2, Section 5 of the Oklahoma Constitution would be repealed.
By removing this section, public expenditure or property use for
religious purposes would not be explicitly prohibited.
Under the First Amendment to the United States Constitution,
congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof.
Under the Oklahoma Constitutions Article 2, Section 5, state money
or property cannot be used directly or indirectly to support a church,
sect, denomination, or system of religion.
This state question is a response to recent controversy over display
of the Ten Commandments monument on the grounds of the
Oklahoma State Capitol. In 2009, the Ten Commandments Monument
Display Act was passed by the state legislature and, three years later, a
privately donated Ten Commandments monument was erected on the
grounds of the State Capitol. Lawsuits followed, and by June 2015, the
Oklahoma Supreme Court ruled the monuments placement on state
property was unconstitutional, ordering that it be removed. The basis
for the courts decision was Article 2, Section 5 of the Oklahoma State
Constitution. In October 2015, Oklahoma Governor Mary Fallin called
on the legislature to repeal that section of the state constitution in order
to allow the monument at the State Capitol.

Alcohol

STATEQUESTION



STATE QUESTION NO. 792

LEGISLATIVE REFERENDUM NO. 370
This measure repeals Article 28 of the Oklahoma Constitution and restructures the laws
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will create if the measure passes. The new Article 28A provides that with exceptions,
a person or company can have an ownership interest in only one area of the alcoholic
beverage business-manufacturing, wholesaling, or retailing. Some restrictions apply to
the sales of manufacturers, brewers, winemakers, and wholesalers. Subject to limitations,
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liquor stores, and places serving alcoholic beverages and may create other licenses.
Certain licensees must meet residency requirements. Felons cannot be licensees. The
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SUMMARY: If the proposal is approved, it would repeal Article 28

of the Oklahoma Constitution and replace it with Article 28A, which
restructures the laws governing alcohol. If approved, the measure will
go into effect on October 1, 2018.
Currently, under Oklahoma law, liquor stores can sell full-strength,
unrefrigerated beer but cannot sell cold beer or chilled wine. Liquor
stores can sell wine and spirits but no other items. Grocery and
convenience stores can sell cold low-point beer (3.2 percent alcohol by
weight) but not spirits, wine, or high-point beer.
State Question 792 would change the current alcohol laws to allow
grocery, convenience, and drug stores to sell cold, high-point beer (up
to 8.99 percent alcohol by volume) and wine (up to 15 percent alcohol
by volume). Liquor stores would be allowed to sell cold beer and any
item that also may be purchased in a grocery store or convenience
storeexcept motor fuelin limited amounts. Liquor or spirits will
still only be available for purchase from licensed retail liquor stores.

or the Oklahoma State Election Board website at

www.ok.gov/elections/Election_Info/State_Question_info.html.

Property of OPS News Tracker and members of the Oklahoma Press Association.

The Hollis News

yg

Oct
05

variety. Both have good

Cattlemans VP says
SQ 777 will trump water law
Special to The Sun

2016
Page
B008
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65%

W E AT H E R F O R D ,
Okla. Another supporter
of State Question 777 has
acknowledged
troubling
problems with the proposed
constitutional amendment
by admitting to a Weatherford audience last week that
the measure does not guarantee protection of local water quality.
As reported Sept. 24 by the
Weatherford Daily News,
Michael Kelsey, executive
vice president and lobbyist
for the Oklahoma Cattlemans Association, told an
audience gathered at the
Weatherford Public Library
that 777 would roll back the
legislatures attempt to x a
glaring aw in the proposed
amendment.
According to the news-

paper, Kelsey said the

language of SQ 777 would
render recent legislation declaring clean water a compelling state interest moot
as it applies to the Right to
Farm.
Additionally, the newspaper reported, Kelsey also
said the legislations move
to declare clean water a compelling state interest will no
longer be legally binding as
it applies to agriculture.
Kelseys admission follows closely on the heels of
a similar admission by Tom
Buchanan, president of the
insurance giant Oklahoma
Farm Bureau, when he spoke
to the Norman Chamber of
Commerce in September.
According to the Norman
Transcript, Buchanan told
the group when it comes to
SQ 777s ballot language re-

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garding compelling state interest, I wish that language

werent in there.
Compelling state interest
is a legal term applied to fundamental rights protected by
strict scrutiny and is generally associated with constitutional rights such as freedom
of speech and religion and
not with local water and air
quality. Many legal experts
in Oklahoma have said that
requiring compelling state
interest is one of SQ 777s
dangerous aws.
SQ 777 is not simply
a bad law, its an amendment to our state constitution and were bound to it if
its passed, said Bud Scott,
head of the opposition group
Oklahomans for Food, Farm
and Family.
Considering
Oklahoma
farmers already have a right
to farm, Scott said Kelsey
and Buchanans admissions
conrm SQ 777 is a risky,
unnecessary measure with
dangerous implications.
SQ 777 poses serious legal problems for state and
local governments to protect local water quality, and
it does nothing to preserve
generational farming since
our farmers already have, and
always will have a right to
farm, Scott said.
SQ 777 gives a blank
check to multinational corporations that industrialize
farm and impact and use our
natural resources like water.

Property of OPS News Tracker and members of the Oklahoma Press Association.

Inola Independent

/FXT

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Property of OPS News Tracker and members of the Oklahoma Press Association.

The American

Capitol Greetings by Representative Ben Loring

Oct
06
2016
Page
A003
Clip
resized
31%

State Question 777 is the

remaining Question on
which you will vote November 8, about which I have not
previously written. Many agriculture organizations, such
as Oklahoma Farm Bureau,
Oklahoma Pork Council and
Oklahoma Cattlemens Association are promoting this
Question which they call the
Right to Farm Bill. Locally, many farmers and ranchers, both big and small are
VXSSRUWLQJ UDWLFDWLRQ 2Q
the other side of this question, Barry Switzer (yes,
the football coach), Oklahoma Municipal League and
many cities, former Attorney
General Drew Edmondson,
various tribes, including the
Cherokee Nation, animal
rights groups, including the
+XPDQH6RFLHW\RIWKH8QLW
ed States and various environmental and water rights
JURXSV DUH JKWLQJ DJDLQVW
UDWLFDWLRQRIZKDWWKH\FDOO
WKH 5LJKW WR +DUP %LOO
Locally, not as many farmers and ranchers, but still a
very vocal group are opposing it (at least, this is based
upon who has spoken to me
about the Question). Of all
the State Questions in the
upcoming election, this is the
one that I get asked the most
about, when Im out talking
to citizens, particularly by
those not involved in agriculture. And for good reason.
7KLV RQH LV D GLIFXOW 4XHV
tion which can easily create
FRQLFWHYHQZLWKLQDQLQGL
viduals own set of values.
*HQHUDOO\ , QG WKH IDUP
ing and ranching community
to be quite a strong-willed
and independent group. They
dont like being told what to
do, or what they cant do.
*HQHUDOO\ , DOVR QG WKHP
to be very concerned about
taking care of the soil, air
and water, knowing full
well they have to take care
of these for the soil, air and
water to take care of them.
Their livelihood depends on
it. Obviously, however, there
are some rare exceptions to
this generality.
If you adamantly oppose
government regulation, this
one is easy - vote for it. If
you are convinced that big
agriculture is driven solely
by the bottom line and could
care less about safe, quality
food and clothing, humane
treatment of animals and
protecting our soil, air and
water - vote against it. On the
other hand, if you are like the
majority of my constituents,
somewhere in between those
extremes, it becomes more
GLIFXOW$QG OHW PH SUHIDFH
this discussion with a couple
of personal observations: 1)
I think both sides are exaggerating the consequences
of the other side winning,
and 2) Ive always said that
I think this Question is not
well written, which if it is
passed, will result in a lot of
litigation to determine what
it really means. So, with that
in mind lets look at what the

TheAmerican
Serving Northeast Oklahoma

since 1906

Question does and doesnt

do.
If approved, this Question
will create a new provision
(Article II, Section 38) in
the State Constitution that
protects the rights of Oklahomans to participate in
farming and ranching practices from laws that might
be passed or regulations that
might be enacted by the State
of Oklahoma or its political
subdivisions after December 31, 2014. That is a curious date to me and I dont
know why it was chosen. Regardless, having been in the
Legislature since that date, I
cant readily think of any legislation that jumps out at me
as something this is intended
WR RYHUWXUQ +RZHYHU , DG
mit, that I cant speak about
any rules or regulations at
which this might be targeted. State rules and legislation before that date are not
effected. Regulation of agricultural practices by legislation or rules after that date is
permissible only if there is
a compelling state interest.
7KH WHUP LV QRW GHQHG EXW
it is generally considered the
highest standard, the most
GLIFXOW EXUGHQ WR SURYH LQ
civil cases.
So what are some specific circumstances where the
Question would come into
SOD\" +HUH DUH VRPH RI WKH
most common questions that
I hear. Lets say scientists
conclusively prove that pesticide X is what is killing
off the bee population, which
is a big problem for all of
agriculture right now. Could
Oklahoma then regulate the
XVH RI ;" ,W ZRXOG EH GLI
cult under 777. Is that a problem? My guess: probably not,
as federal legislation through

the EPA would probably prohibit its sale or use (think of

DDT in the 1960's and early
1970's which was killing off
the birds). Would 777 prohibit enforcement of our pupS\PLOOODZVRUFRFNJKWLQJ
laws? My guess: probably
not, as those laws predate
December 31, 2014 and
those endeavors are probably not going to be found
to be agriculture. Would
777 prohibit laws regulating
FRQQHPHQWRIDQLPDOVVL]H
of cage, fresh air, etc.)? My
guess: probably. Would 777
prohibit laws preventing
agriculture pollution of our
waters? My guess: probably not as SB 2446 declares
the protection of our waters
to be a compelling state interest. Would 777 prohibit
laws preventing agricultural pollution of our air? My
guess: probably, as SB 2446
declares protecting our waters to be a compelling state
interest, but doesnt mention
protecting our air, which
means the legislature doesnt
deem it to be as important.
But depending on what pollution you are talking about,
it would probably be covered
by federal law. Could the absence of 777 allow the State
to regulate farm kids doing
farm chores before and after
school? My guess: probably,
but would the Oklahoma legislature actually do that? The
bottom line is there are so
many possible scenarios it is
GLIFXOW WR LPDJLQH ZKDW DOO
this Question could or could
not do and so many hyperboles are being used, this Question is confusing for most
SHRSOH +RSHIXOO\ WKLV KDV
KHOSHG\RXDOLWWOHLQJXULQJ
out and weighing out what is
important to you.

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Ottawa & Delaware County C

Delaware

Ottawa

Misdemeanors

Misdemeanors

10/04/2016 Arneecher, Sebastian Ray, Driving While Suspended/Cancelled/Revoked

 %OXHVWHLQ +HDWK
er Nichole, Breaking And
Enter Dwelling Without Permission
10/04/2016 Carder, Travis,
Domestic Abuse - Assault &
Battery
09/30/2016 Carrow, Jerika
Suzan, Obtaining Merchandise By Means Of Bogus
Check
10/04/2016 Ramirez De Torres, Blanca N., Driving While
Suspended/Cancelled/Revoked
10/04/2016 Self, James Dean,
Public Intoxication
10/03/2016 Smith, James Rolen, Public Intoxication
10/03/2016 Snow Jr., Timothy, Possession Of Cds - Marijuana
10/03/2016 Velasquez, Juan
J., Public Intoxication

Felonies
09/30/2016 Davis, Darian
Kent, Conspiracy
09/30/2016 Davis, Deavan
Shay, Conspiracy
10/04/2016 Garcia-Martinez,
Lydia Ann, Child Abuse By
Injury

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10/04/2016 Birkes, Kenneth

Stoney, Possession Of Cds Marijuana
09/30/2016 Chance, Jamie
Lynn, Resisting Arrest
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10/04/2016 Mathewson, Brad
Edward, Larceny Of Lost
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10/04/2016 Passignano, Mark
Christopher, Pedestrian Failing To Yield To Vehicle
10/04/2016 Rushing, Jason
Leam, Malicious Injury To
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10/04/2016 Tash, Eligha
Keith, Petit Larceny
10/03/2016 Weeden, Daylyn
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The American

The American Page 3

EWS

SQ 777 not really about right to farm

Oct
06
2016
Page
A003
Clip
resized
52%

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Dear Editor:
If State Question 777 is defeated in November, farming
practices in Oklahoma will
not change because our farmers already have the right to
farm.
For the lobby effort supporting this bill, led by the Farm
Bureau and with the help of
Attorney General Scott Pruitt,
to title this state question
right to farm is a total misrepresentation bordering on
fraud. 777 is about barring any
future legislation or supervision from municipal governing bodies, the Department of
Agriculture or any other state
agency with respect to factory
farming operations.
My dad was raised on a farm
and we maintained a family
farm between Newcastle and
Blanchard, spending considerable time there while also
having a home in Oklahoma City. It was on the farm I
learned the art of converting
bull calves to steers, sewing
seed from the back of a drill,
and cutting, bailing and hauling hay. I was also subjected
to the practice of rising at 5
am to go to the farm to feed
the herd and return to the city
for the 8 am opening of the
family store.
So, Im no stranger to the
IDPLO\IDUPDQG,PGHQLWHO\
opposed to SQ 777.
My main reason is it would
EHWKHUVWDPHQGPHQWWRRXU
states constitution and it gives
constitutional exemption to
D VSHFLF LQGXVWU\ +DYLQJ
been in Stillwater a couple
of weeks back for our states
strongest earthquake on record, I can visualize the oil industry getting in line next for
its constitutional amendment.
Its sad commentary when
a powerful lobby like corporate agriculture can get this on
the ballot as a state question,
misname it to appear the question is about a right to farm,
DGPLW WKH ODQJXDJH LV DZHG
and it have a decent chance of
passing.

tR

Im writing this letter not

LQP\RIFLDOFDSDFLW\DVH[
ecutive director of the Grand
Lake Area Chamber of Commerce but I do want to mention that in that capacity our
chamber has hosted people
from both sides of the issue
at our chamber meetings. Its

clear to me after hearing from

both sides that SQ 777 is a
very bad idea.
Be an informed voter and
protect your rights as a citizen
and join me in voting NO
on SQ 777.
Sincerely,
Rusty Fleming

BANKRUPTCY
J. Ken Gallon

Property of OPS News Tracker and members of the Oklahoma Press Association.

The Blanchard News

From the Desk of:

Superintendent of
Blanchard Public
Schools
Dr. Jim Beckham

Oct
06
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Congratulations to our Blanchard Cheerleaders for placing 4th

in State during the recent OSSAA Cheerleading Championships.
The Lion tradition continues with the Blanchard softball team
and football team, which are also having successful seasons. Our
Oklahoma public school athletic teams today have a hurdle to
overcome that most of us oldies never had to deal with the
inequities that now appear on the playing field. This inequity
has been created by our Oklahoma Secondary Schools Athletic
Association (OSSAA) by allowing private schools to participate
equally with public schools. The inequity occurs because private
schools can recruit players, offer scholarships, and have the best
facilities that private money can buy. As a result of being allowed
to compete in our public school league, private schools (which
make up only a small minority of OSSAA teams) have won a
majority of state sports and academic titles. We will examine
some of the reasons that this OSSAA debacle has been allowed,
during the next several weeks.
Over the past several weeks weve been reviewing the state
questions that will appear on the ballot for the November 8
elections. The only state questions that may have implications
for our public schools, however, will be SQ 779 the one cent
sales tax increase for teacher pay raises, SQ 790 the Ten
Commandments being allowed at our State Capitol (790 removes
Article 2, Section 5, of our Oklahoma Constitution, which will
open the door for religious private schools to acquire public
funding), and SQ 777 which prohibits Oklahoma from passing
any legislation that inhibits out-of-state and foreign farming
corporations. One implication of SQ 777 for our public schools
would be a companion bill which would deregulate out-of-state
and foreign education corporations, and block Oklahoma from
passing any legislation to regulate them. Just as Fethullah Gulen
(a Turkish Cleric) has acquired over 200 public schools in the
United States, China has acquired several farming corporations
and 385,000 acres of land and is hoping for 777 to be approved.
Also on November 8, elections for state candidates in both the
Senate and House have major implications for our public schools.
As the executive director of the Oklahoma Association of School
Administrators (OASA) for District 16 (comprised of
administrators from 32 public schools in McClain, Garvin, Carter,
and Murray Counties), we have sent questionnaires to the Senate
candidates in District 43, formerly held by Corey Brooks, and to
the House candidates in District 42, formerly held by Lisa Billy.
We limited the districts to only two (4 candidates) because of
time constraints and the fact that Senate seat 43 and House seat
42 have the majority of OASA District 16 schools. The House
District 42 candidates include democrat Liz George of Blanchard
and republican Tim Downing of Purcell while the Senate District
43 candidates are democrat Leah Pollen of Washington and
republican Paul Scott of Duncan. In an attempt to ascertain
candidate support for our local public schools, all four candidates
were sent questions related to public school issues including
questions about SQ 779 (sales tax increase for teacher pay), SQ
790 (public funding for private religious schools), and SQ 777
(the rights of out-of-state and foreign farming corporations).
Other questions include the candidates views on school
consolidation and school vouchers (the legislature directing
public money to private and corporate charter schools). All four
candidates now have the questions in hand and are free to return
answers to OASA District 16. We hope to determine through
their answers which candidates truly support their Senate or
House district public schools, and which ones dont. All
candidates running for every seat say they support our public
schools, but not all do. One way to truly know who supports
our schools is to pay close attention to their answers to specific
questions. Another objective way to ascertain true support is to
determine which entities have contributed to campaigns and
which candidates have solicited and received support from dark
money groups. You can bet that any candidate who is supported
by the Dark Money American Federation of Children a provoucher group from Washington D.C., does NOT support our
public schools.
Over the next several weeks, we will examine all four
candidates answers to the questions, which will hopefully inform
voters as to which candidates truly support our rural public
schools.

Property of OPS News Tracker and members of the Oklahoma Press Association.

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The Lincoln County News

Farming regulations protect the ecosystem

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Oct 2016 Page

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The Hooker Advance

noon and from 1 p.m. to 5 p.m.

Murdock describes state questions

By Rep. Casey Murdock
With just a little more than
a month to go before voters are
asked to decide multiple state
questions, Id like to offer a
brief description of each question that will be on the Nov. 8
state ballot.
State Question 776 seeks to
add a new section to the Oklahoma Constitution relating to
the death penalty. The measure
would allow the Legislature to
designate any method of execution permitted by the U.S.
Constitution, and would allow
a change of method in order
to carry out a death sentence
should one method be determined invalid. The measure
FODULHV WKDW WKH GHDWK SHQDOW\
is not cruel or unusual punishment.
State Question 777 also
would add a new section to the
Oklahoma Constitution guaranteeing the right of our residents
to engage in farming and ranching practices and the right to
use agricultural technology and
livestock procedures. It limits
lawmakers ability to interfere
with these rights by passing new

laws except when compelling

state interest is clearly identiHG7KHSURWHFWLRQVGRQRWDSply to trespass, eminent domain,
easements, right of way or other
property rights, and any state
statutes and political subdivision ordinances enacted before
December 31, 2014.
State Question 779 would
add a new section to the Oklahoma Constitution raising the
state sales and use taxes by one
cent per dollar to fund teacher
pay raises as well as other education improvements for both
common and higher education.
State Question 780 would
amend Oklahoma law to reform
criminal sentences for certain
property and drug offenses
making certain offenses misdemeanors instead of felonies.
State Question 781 would
create the County Community
Safety Investment Fund, taking
money saved by reclassifying
the above crimes as misdemeanors, therefore incarcerating fewer individuals, and distributing
the saved funds to counties for
rehabilitative, mental health and
substance abuse treatment pro-

grams.
State Question 790 would repeal a section of the state constitution, removing the prohibition
against the public expenditure
and property use for religious
purposes, such as the display
of the Ten Commandments
monument on the state Capitol
grounds.
State Question 792 would
change the Oklahoma Constitution to allow the sale of wine
and stronger beer in grocery
stores and would allow liquor
stores to sell products other than
alcohol in limited amounts.
I advise people to get a sample of the ballot and read the
state questions before voting.
See a sample ballot at https://
www.ok.gov/elections/ and select view sample ballot on the
left side of the page.

The
Hooker Advance
(24620000)
P.O. Box 367
108 W. Glaydas
Hooker, OK 73945
580-652-2476

P bli h d
Property of OPS News Tracker and members of the Oklahoma Press Association.

kl

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Mustang News

Rotary Club to host State Questions speaker

Ron Suttles with
Conservation Coalition
of Oklahoma will speak
about State Question 777
at the Mustang Rotary
Club at 12 p.m. Tuesday,
Oct. 11. State Question
777 will be on the ballot
Tuesday, Nov. 8.
Suttles is currently
board chair of the
Conservation Coalition
of Oklahoma, a non-

profit involved with conservation organization,

faith based communities, hunting, fishing
and outdoor activity
focused organizations in
Oklahoma. He is a
retired 35-year veteran
of the Oklahoma
Department of Wildlife
and a member of the
Oklahoma City Rotary
Club.
This measure would
add Section 38 to Article

II of the Oklahoma
Constitution, said
Suttles. The new section creates state constitutional rights that if
approved would prevent
lawmakers from passing legislation to regulate agricultural technology, livestock procedures, and ranching
practices, unless there
is a compelling state
interest. If passed, the
proposal would also

WEEK
Property of OPS News Tracker and members of the Oklahoma Press Association.

apply to state, county

and city governments.
The Mustang Rotary
Club meets at Ted
Webers CPA business,
located at 1321 E. State
Highway 152. The Club
meets from 12 to 1 p.m.
every Tuesday. Members
enjoy a lunch during
their meeting. If you
would like to attend one
of the meetings, contact
Club President Rob
Foley at rfoley2@cox.
net.

The Purcell Register

Oct
06
2016
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State Question 777 and

implications for public schools
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The Mooreland Leader

10 The Mooreland Leader

Oct
06
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Thursday, Oct. 6, 2016

SUMMARY OF

STATEQUESTIONS
Seven state questions will appear on the Nov. 8 general election ballot. Legislative
Referendums are placed on the ballot by the Oklahoma Legislature. Initiative Petitions are
placed on the ballot by gathering signatures from citizens. Each question is reprinted here
as it will appear on the ballot followed by a brief summary.



Death Penalty

STATEQUESTION

Education Funding Tax

STATEQUESTION



STATE QUESTION NO. 776

LEGISLATIVE REFERENDUM NO. 367

STATE QUESTION NO. 779

INITIATIVE PETITION NO. 403

This measure adds a new section to the Oklahoma Constitution, Section 9A of Article 2. The new
Section deals with the death penalty. The Section establishes State constitutional mandates relating
to the death penalty and methods of execution. Under these constitutional requirements:
The Legislature is expressly empowered to designate any method of execution not prohibited by
the United States Constitution.
Death sentences shall not be reduced because a method of execution is ruled to be invalid.
When an execution method is declared invalid, the death penalty imposed shall remain in force
until it can be carried out using any valid execution method, and
The imposition of a death penalty under Oklahoma lawas distinguished from a method of
executionshall not be deemed to be or constitute the iniction of cruel or unusual punishment
under Oklahomas Constitution, nor to contravene any provision of the Oklahoma Constitution.
FOR THE PROPOSAL YES
AGAINST THE PROPOSAL NO

This measure adds a new Article to the Oklahoma Constitution. The article creates a limited
purpose fund to increase funding for public education. It increases State sales and use taxes by one
cent per dollar to provide revenue for the fund. The revenue to be used for public education shall be
allocated: 69.50% for common school districts, 19.25% for the institutions under the authority of the
Oklahoma State Regents for Higher Education, 3.25% for the Oklahoma Department of Career and
Technology Education, and 8% for the State Department of Education. It requires teacher salary
increases funded by this measure raise teacher salaries by at least $5,000 over the salaries paid
in the year prior to adoption of this measure. It requires an annual audit of school districts use of
monies. It prohibits school districts use of these funds for increasing superintendents salaries or
adding superintendent positions. It requires that monies from the fund not supplant or replace other
educational funding. If the Oklahoma Board of Equalization determines funding has been replaced,
the Legislature may not make any appropriations until the amount of replaced funding is returned to
the fund. The article takes effect on July 1 after its passage.
FOR THE PROPOSAL YES

SUMMARY: State Question 776 does two things: it addresses the method of
execution for an inmate on death row, and it states that the death penalty shall
not be deemed cruel and unusual punishment. If the proposal is approved, a
new section would be added to the Oklahoma Constitution that allows the
state to continue to impose the death penalty, even if a specific method of
execution becomes unavailable. Death sentences would remain in effect until
they can be carried out by any method not prohibited by the US Constitution.
If approved, the constitutional amendment would apply to the state
constitution but not the federal constitution or courts applying federal law.
The Oklahoma death penalty law, enacted in 1976, has been consistently
applied by Oklahoma elected officials: the state executed 191 men and
three women between 1915 and 2014 at the Oklahoma State Penitentiary
(82 by electrocution, one by hanging, and 111 by lethal injection). Statutes
specifically allow gas inhalation, electrocution, and firing squad as backups to
the primary form of execution by lethal injection.
In October 2015, Oklahoma suspended executions for a review of lethal
injection protocols. One of the drugs most commonly used for lethal injection
is sodium thiopental, which is no longer manufactured in the United States.
In 2011, the European Commission imposed restrictions on the export of
certain drugs used for lethal injections in the United States.
As a result, many states no longer have the drugs used to carry out lethal
injection. Oklahoma has turned to other drugs as a substitute for sodium
thiopental. However, recent instances of executions around the country in
which alternative drugs were used may have produced adverse outcomes.
The death penalty is legal in thirty-one states, and illegal in nineteen.



Agriculture

STATEQUESTION
STATE QUESTION NO. 777
LEGISLATIVE REFERENDUM NO. 368

This measure adds Section 38 to Article II of the Oklahoma Constitution. The new Section creates
state constitutional rights. It creates the following guaranteed rights to engage in farming and
ranching:
The right to make use of agricultural technology,
The right to make use of livestock procedures, and
The right to make use of ranching practices.
These constitutional rights receive extra protection under this measure that not all constitutional
rights receive. This extra protection is a limit on lawmakers ability to interfere with the exercise
of these rights. Under this extra protection, no law can interfere with these rights, unless the law
is justied by a compelling state interesta clearly identied state interest of the highest order.
Additionally, the law must be necessary to serve that compelling state interest. The measureand
the protections identied abovedo not apply to and do not impact state laws related to:
Trespass,
Eminent domain,
Dominance of mineral interests,
Easements,
Right of way or other property rights, and
Any state statutes and political subdivision ordinances enacted before December 31, 2014.
FOR THE PROPOSAL YES
AGAINST THE PROPOSAL NO

SUMMARY: If the proposal is approved, the measure would prevent

lawmakers from passing legislation to regulate agriculture unless there is a
compelling state interest. The proposal would forbid the state of Oklahoma
from regulating the use of agricultural technology, livestock procedures,
and ranching practices. The standard of compelling state interest is a key
component to the question because it sets a very high standard for a law to
be judged.
If passed, the proposal would apply to any democratically elected body
that can trace its creation to the state legislature, including county and city
governments, but not school boards. Federal laws would not be impacted;
current state laws about farming and ranching would be grandfathered in,
and would not be repealed by this amendment. Grandfathered laws could be
amended or repealed in the future.
Similar proposals have been presented to voters in other states, first in
North Dakota. A similar amendment passed in Missouri in 2014; another
amendment was considered in Nebraska earlier this year but was not approved
by legislators for a vote of the people. Oklahomas State Question 777 is inspired
in part by opponents of Proposition 2 in California. Proposition 2 required
certain farm animals to be able to lie down, stand up, fully extend limbs, and
turn around freely. SQ 777 is unique in that it added the compelling state
interest clause.
Oklahomas top agricultural products in revenue are cattle, hogs, poultry,
wheat, and dairy. Agriculture is the states fourteenth highest economic sector,
accounting for less than 2 percent of GDP, (higher than agricultures national
rate). For decades, as technology and yields have advanced, the number of
agricultural jobs and farms has declined. Nine in ten Oklahoma crop and
animal operations are owned by private citizens, many of whom contract with
larger corporations.

AGAINST THE PROPOSAL NO

SUMMARY: If this proposal is approved, Article 8-C would be added

to the Oklahoma Constitution creating a limited purpose fundthe
Education Improvement Fund.
An increase of the sales and use tax by one cent on the dollar would
provide revenue for the fund. School districts that benefit from the fund
would be subject to an annual audit. Funds generated by the tax cannot
be used to replace other state funding of common, higher, career and
technology, and early childhood education.
The provisions of the new article require a minimum $5,000 salary
increase for teachers over the salaries paid in the year prior to adoption.
The funds generated would not be used to increase the salaries of school
superintendents or to add superintendent positions.
Oklahomas average compensation for teachers, including salary and
benefits, is $44,921. According to the National Education Association,
Oklahoma ranks 49th in the nation in teacher pay.
A section within the new article to the state constitution establishes
that monies collected would be distributed as follows:
69.5 percent to common education
> 86.33 percent of common education funding would be used to
provide teachers with a minimum $5,000 raise and otherwise address or
prevent teacher and certified instruction staff shortages.
> 13.67 percent of common education funding would be used to
adopt or expand, but not maintain, programs, opportunities or reforms
for improving reading in early grades, improving high school graduation
rates, and increasing college and career readiness.
19.25 percent to higher education
3.25 percent to career and technology education
8 percent to early childhood education

Criminal Rehabilitation

STATEQUESTION



STATE QUESTION NO. 781

INITIATIVE PETITION NO. 405
This measure creates the County Community Safety Investment Fund, only if voters approve
State Question 780, the Oklahoma Smart Justice Reform Act. This measure would create a
fund, consisting of any calculated savings or averted costs that accrued to the State from the
implementation of the Oklahoma Smart Justice Reform Act in reclassifying certain property crimes
and drug possession as misdemeanors. The measure requires the Ofce of Management and
Enterprise Services to use either actual data or its best estimate to determine how much money
was saved on a yearly basis. The amount determined to be saved must be deposited into the Fund
and distributed to counties in proportion to their population to provide community rehabilitative
programs, such as mental health and substance abuse services. This measure will not become
effective if State Question 780, the Oklahoma Smart Justice Reform Act, is not approved by the
people. The measure will become effective on July 1 immediately following its passage.
FOR THE PROPOSAL YES
AGAINST THE PROPOSAL NO

SUMMARY: The implementation of State Question 781 is contingent on the

passage of State Question 780. If SQ 781 is approved by voters, but SQ 780 is
not, none of the changes described in SQ 781 will be enacted.
If both measures are approved, SQ 781 would create the County Community
Safety Investment Fund. That fund would hold any cost savings achieved
by reducing numbers of people incarcerateda decrease resulting from
reclassifying certain property crimes and drug possession as misdemeanors.
The new Investment Fund would be a revolving fund not subject to fiscal year
limitations. Any savings or averted costs would be calculated by the Office of
Management and Enterprise Services.
If savings are determined, the legislature would be required to
appropriate that amount from the general fund to the County Community
Safety Investment Fund.
The money must be used for county rehabilitative programs, including
those that address mental health and substance abuse, or provide job training
or education. The money would be distributed to Oklahoma counties in
proportion to their population.
The Office of Management and Enterprise Services will use actual data or
make its best estimate when calculating cost savings per year. Its calculation
would be final and would not be adjusted because of subsequent changes in
underlying data.
The intent of SQ 781 is to focus on root causes of criminal behavior
such as addiction and mental health problems, as opposed to placing more
people charged with lower-level offenses behind bars.

Religion & the State

STATEQUESTION



STATE QUESTION NO. 790

LEGISLATIVE REFERENDUM NO. 369
This measure would remove Article 2, Section 5 of the Oklahoma Constitution, which prohibits the
government from using public money or property for the direct or indirect benet of any religion or
religious institution. Article 2, Section 5 has been interpreted by the Oklahoma courts as requiring
the removal of a Ten Commandments monument from the grounds of the State Capitol. If this
measure repealing Article 2, Section 5 is passed, the government would still be required to comply
with the Establishment Clause of the United States Constitution, which is a similar constitutional
provision that prevents the government from endorsing a religion or becoming overly involved with
religion.
FOR THE PROPOSAL YES
AGAINST THE PROPOSAL NO

SUMMARY: State Question 790 addresses public funding and property

Law Enforcement

STATEQUESTION



STATE QUESTION NO. 780

INITIATIVE PETITION NO. 404
This measure amends existing Oklahoma laws and would change the classication of certain drug
possession and property crimes from felony to misdemeanor. It would make possession of a limited
quantity of drugs a misdemeanor. The amendment also changes the classication of certain drug
possession crimes which are currently considered felonies and cases where the defendant has a
prior drug possession conviction. The proposed amendment would reclassify these drug possession
cases as misdemeanors. The amendment would increase the threshold dollar amount used for
determining whether certain property crimes are considered a felony or misdemeanor. Currently, the
threshold is $500. The amendment would increase the amount to $1000. Property crimes covered
by this change include; false declaration of a pawn ticket, embezzlement, larceny, grand larceny,
theft, receiving or concealing stolen property, taking domesticated sh or game, fraud, forgery,
counterfeiting, or issuing bogus checks. This measure would become effective July 1, 2017.
FOR THE PROPOSAL YES
AGAINST THE PROPOSAL NO

SUMMARY: If the measure is approved, State Question 780 would reclassify certain offenses, such as simple drug possession and property crimes, as
misdemeanors rather than felonies. The reclassification of the drug possession offense is intended to be applied to persons who use the drugs, not to
those who are selling or manufacturing the drugs. The measure also would
change the dollar amount threshold for property crimes charged as felonies
from $500 to $1,000.
The goal of this measure is to reduce the size of the states prison population and to reduce the amount of state funds being spent on prisons. SQ 780
proposes to change Oklahoma statutes, not the constitution.
According to the U.S. Bureau of Justice in 2014, Oklahoma had the second
highest incarceration rate in the nation at 700 inmates per 100,000 U.S. residents. Oklahoma also had the highest incarceration rate for women that year.
The total correctional population of a state includes people incarcerated and
on probation or parole.
The Oklahoma Department of Corrections indicated in August 2016 that
the prison system was at 104 percent of its capacity with 27,097 inmates being
held. Drug offenders comprise 26.3 percent of inmates. Another 23.3 percent of inmates are imprisoned for other nonviolent crimes. According to
the Oklahoma DOC 2015 annual report, the Oklahoma prison population
has increased by 22.6 percent since 2006. In fiscal year 2016, the Oklahoma
legislature appropriated $485 million to the Oklahoma Department of Corrections.
If the measure is approved, the changes proposed would not be retroactive.
Sentences for current inmates would not change.

For more information about State Questions, see the Oklahoma Secretary of State website at
For more information about
State Questions, see the Oklahoma Secretary of State website at
www.sos.ok.gov/gov/state_questions.aspx
www.sos.ok.gov/gov/state_questions.aspx
or the Oklahoma State Election Board website at
or the Oklahoma State Election Board website at
www.ok.gov/elections/Election_Info/State_Question_info.html.
www.ok.gov/elections/Election_Info/State_Question_info.html.

use regarding the separation of church and state. It is a proposal to repeal

a section of the states constitution. If the measure is approved, Article 2,
Section 5 of the Oklahoma Constitution would be repealed. By removing this
section, public expenditure or property use for religious purposes would not
be explicitly prohibited.
Under the First Amendment to the United States Constitution, congress
shall make no law respecting an establishment of religion, or prohibiting the
free exercise thereof.
Under the Oklahoma Constitutions Article 2, Section 5, state money
or property cannot be used directly or indirectly to support a church, sect,
denomination, or system of religion.
This state question is a response to recent controversy over display of the
Ten Commandments monument on the grounds of the Oklahoma State
Capitol. In 2009, the Ten Commandments Monument Display Act was
passed by the state legislature and, three years later, a privately donated Ten
Commandments monument was erected on the grounds of the State Capitol.
Lawsuits followed, and by June 2015, the Oklahoma Supreme Court ruled the
monuments placement on state property was unconstitutional, ordering that
it be removed. The basis for the courts decision was Article 2, Section 5 of the
Oklahoma State Constitution. In October 2015, Oklahoma Governor Mary
Fallin called on the legislature to repeal that section of the state constitution
in order to allow the monument at the State Capitol.

Alcohol

STATEQUESTION



STATE QUESTION NO. 792

LEGISLATIVE REFERENDUM NO. 370
This measure repeals Article 28 of the Oklahoma Constitution and restructures the laws governing
alcoholic beverages through a new Article 28A and other laws the Legislature will create if the
measure passes. The new Article 28A provides that with exceptions, a person or company can
have an ownership interest in only one area of the alcoholic beverage business-manufacturing,
wholesaling, or retailing. Some restrictions apply to the sales of manufacturers, brewers,
winemakers, and wholesalers. Subject to limitations, the Legislature may authorize direct shipments
to consumers of wine. Retail locations like grocery stores may sell wine and beer. Liquor stores
may sell products other than alcoholic beverages in limited amounts. The Legislature must create
licenses for retail locations, liquor stores, and places serving alcoholic beverages and may create
other licenses. Certain licensees must meet residency requirements. Felons cannot be licensees.
The Legislature must designate days and hours when alcoholic beverages may be sold and may
impose taxes on sales. Municipalities may levy an occupation tax. If authorized, a state lodge may
sell individual alcoholic beverages for on-premises consumption but no other state involvement
in the alcoholic beverage business is allowed. With one exception, the measure will take effect
October 1, 2018.
FOR THE PROPOSAL YES
AGAINST THE PROPOSAL NO

SUMMARY: If the proposal is approved, it would repeal Article 28 of the

Oklahoma Constitution and replace it with Article 28A, which restructures
the laws governing alcohol. If approved, the measure will go into effect on
October 1, 2018.
Currently, under Oklahoma law, liquor stores can sell full-strength,
unrefrigerated beer but cannot sell cold beer or chilled wine. Liquor stores
can sell wine and spirits but no other items. Grocery and convenience stores
can sell cold low-point beer (3.2 percent alcohol by weight) but not spirits,
wine, or high-point beer.
State Question 792 would change the current alcohol laws to allow grocery,
convenience, and drug stores to sell cold, high-point beer (up to 8.99 percent
alcohol by volume) and wine (up to 15 percent alcohol by volume). Liquor
stores would be allowed to sell cold beer and any item that also may be
purchased in a grocery store or convenience storeexcept motor fuelin
limited amounts. Liquor or spirits will still only be available for purchase
from licensed retail liquor stores.

Property of OPS News Tracker and members of the Oklahoma Press Association.

Alva Review-Courier

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07
2016
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Susan McCann of
Oklahoma City visited with
Woods County Democrats
on Thursday, Oct. 6.
McCann provided information outlining her views of various state questions.
She opposes SQ 777 because
it will make a change in the Oklahoma Constitution that would
benefit big corporations.
American Petroleum Institute, American Chemistry Council, Bayer Corporation, Dow
Chemical, Dow Corning Corporation, DuPont, Eli Lilly and
Company, ExxonMobile Chemical Company, and the Chemical
Manufacturers Association are
all in favor, McCann said. That
should give you pause to think.
The Tulsa World wrote against
SQ777: The first rule of constitutional amendments should be:
first, do no harm, and in its potential for unintended consequences
especially the states ability to
project its own environment we
fear harm in SQ777.
Another concern McCann expressed was outlined in a handout authored by the Kirkpatrick
Foundation that demonstrated
The Decade Oklahomas Agricultural Jobs Vanished: 19902000. The article read, The rise
of corporate-industrial agriculture in Oklahoma coincided with
the largest decline in the agricultural workforce in Oklahomas
history. Seventy-seven percent of
farm and ranch jobs disappeared

in Oklahoma from 1990-2014,

greater than the decline in subsistence farming during the Dust
Bowl.
Among the most I have no
clue moments in elections are
the judicial retention ballots. McCann is voting against Douglas
L. Combs, James R. Winchester,
Robert L. Hudson, Tom Thornbrugh and Larry Joplin.
She is voting in favor of
Clancy Smith and John F. Fisher.
Among those are both Republican and Democrat appointees.
A video of McCanns talk is
available on the newspapers
website, www.alvareviewcourier.com.

Property of OPS News Tracker and members of the Oklahoma Press Association.

Stillwater NewsPress

newspress.com

Oct
07
2016

Whats
in a
question?
A breakdown of
state questions
By Kieran Steckley

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ksteckley@stwnewspress.com

In addition to the presidential race, Oklahomans

will have several races on
their ballot, highlighted by
several state questions.

S.Q. 776
This would add a new
section of the Oklahoma
Constitution that allows
the state to impose the
death penalty, as it would
not be deemed a cruel and
unusual punishment, even
if a particular method is
unavailable.
Those in favor: The
death penalty is still largely supported in Oklahoma,
therefore the state needs
to be able to designate
and use any available and
legal option.
Those against: It would
make it more difficult to
overturn the death penalty in Oklahoma, which is
increasing in opposition.

S.Q. 777
Also known as Right to
Farm, it would prevent
lawmakers from passing
legislation aimed at regulating agriculture unless
there is a compelling state
interest. It would forbid
the state of Oklahoma
from regulating use of
agricultural technology,
livestock procedures and
ranching practices. It is
a constitutional amendment.
Those in favor: Oklahoma Farm Bureau,
Oklahoma Cattlemans
Association, among others.
Will help protect Oklahoma farmers from special
interest groups and make
in-family transitions easier.
Those against: Humane
Society of the United
States, Oklahoma Animal
Welfare League, among
others. Will make it easier
for large corporations to
farm in Oklahoma that
will cut small farms from
the market.

S.Q. 779
Would increase sales tax
by one penny per dollar
spent that will go toward
the Oklahoma Education
fund. Will allow for raises for teachers and set
floor on how much state
legislature can spend on
education.
Those in favor: Would
ensure guaranteed money
toward education and
nothing else, which is a
big need in
Oklahoma. Some schools are
forced to go to four days a
week.
Those against: A sales
tax hurts those in lower

See Question, Page A2

Property of OPS News Tracker and members of the Oklahoma Press Association.

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Stillwater NewsPress

Question
Continued from Page A1
income households. Would
hinder state legislatures
ability to use tax money.
Stillwater City Council
passed resolution opposing
it because it would hurt
city and countys ability
to pay for services such as
roads and other projects.

S.Q. 780
Would reclassify certain
offenses (simple drug possession, property crimes)
as misdemeanors instead
of felonies.
Those in favor: Would
reduced prison populations, less cost to taxpayers. Would also aim to
treat addiction, instead of
punish.
Those against: Would
increase county jail pop-

ulation, could result in

more drug possession and
pose a danger to citizens.

S.Q. 781
Contingent on S.Q. 780
passing, this would create
the County Community
Safety Investment Fund
from the savings S.Q. 780
creates.
Those in favor: Would
provide new way to finance mental health and
other rehab services at
county level.
Those against: The
money is calculated by
Office of Management and
Enterprise Services and is
not guaranteed.

S.Q. 790
Public expenditure or
property use for religious
purposes would not be explicitly prohibited.
Those in favor: would
remove an obstacle to the
state in allowing religious

institutions to participate
in public programs on an
equal basis with non-religious institutions.
Those against: would
open gates for other religious groups to place
own monuments on state
grounds. Would affect
many areas of religious
freedom.

S.Q. 792
Would allow stores to
sell high-point, refrigerated beer and wine.
Those in favor: Modernizes Oklahoma liquor
laws. Would be on par
with most other states.
Those against: Would
hurt independent liquor
stores due to increase
competition and costs.
That could lead to decreased competition and
higher prices.
Oklahoma Voter
Guide was used as contribution to this story.

Property of OPS News Tracker and members of the Oklahoma Press Association.

D
m
c

Stillwater NewsPress

Oct
07
2016
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How does
state question
777 affect you?
Right to Farm how could anyone
e against the right to farm? We
ant do without food.
The next question anyone should
e asking though is whether there
re any farmers who dont have a
ght to farm? The answer is NO.
So why are citizens being asked to
ote for SQ 777, the Right to Farm?
Propoents of this
gislation
re claiming
Julie
ypothetical
Couch
asons for
e need
r this
OFF THE COUCH
ate conitutional
mendment. They claim outside inrests will come into the state and
nvince the legislature to pass laws
nd regulations restricting farmers
nd ranchers. The outside interest
sually mentioned is the Humane
ociety of the United States.
According to the Fall 2016 Oklahoa Country, the state Farm Bureau
agazine, SQ 777 states the Legislare shall pass no law which abridgthe right of citizens and lawful
sidents of Oklahoma to employee
gricultural technology and livestock
roduction and ranching practices
ithout a compelling state interest.
. Nothing in this section shall be
nstrued to modify or affect a statute
ordinance enacted by the Legislare or any political subdivision prior
December 31, 2014.
What does this mean in simple
ords? The Legislature can pass no
ws concerning farming and liveock practices without a compelling
ate interest. The only laws still
rotected are those enacted before
ecember 31, 2014.
Youre now wondering what comelling state interest means. In this
Q, it isnt even defined. Generally,
mpelling state interest is a high
gal standard that would restrict a
asic civil right.
There has been much discussion
bout possible danger to water sourcif SQ 777 passes. Would water
uality be a compelling state interest?
For example, consider a large hog
rm is using such a huge amount
water that its endangering the
urrounding areas water supply.
hat can be done? Take it to court to
e whether the farms water usage
n be regulated. Its the corporate
rming interests however that would
robably have the funds available
fight years of legal battles rather
an the people in the surrounding
ea. The court will decide whether
ere is a compelling state interest for
e people of the community to have
ghts to the water.
By now are you confused? Youre
ondering why the legislature voted
place this state question on the
allot? You should be.
What stands out about SQ 777 is its
nti-democratic nature. It takes away
ur rights as citizens, through our
ected representatives, to regulate
e farming and ranching industries.
hy would we give any industry that
xemption?
This exemption could harm all citins, including farmers and ranchers.
e dont know what the future will
ing concerning water, land and food
sues. The state needs the ability
pass legislation and make regulaons about any issue that comes to
e forefront. Citizens should always
ave the right to petition their legistors to resolve issues.
State Question 777 takes away that
bility.
Oklahoma doesnt need this
mendment added to the Constituon.
Next week more about SQ 777.
Julie Couch is a longtime Stillwater
sident.

Property of OPS News Tracker and members of the Oklahoma Press Association.

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Ada News

State questions explained

By KIERAN STECKLEY
The Stillwater News Press
67,//:$7(5,Q
addition to the presiGHQWLDOUDFH2NODKRmans will have several
UDFHVRQWKHLUEDOORW
highlighted by several
state questions.

option.
Those against: It
would make it more
GLFXOWWRRYHUWXUQWKH
death penalty in OklaKRPDZKLFKLVLQFUHDVing in opposition.

S.Q. 777

$OVRNQRZQDV5LJKW
WR)DUPLWZRXOG
prevent lawmakers
S.Q. 776
from passing legislaThis would add a new
section of the Oklahoma tion aimed at regulating
Constitution that allows agriculture unless there
is a compelling state
the state to impose the
interest. It would forbid
GHDWKSHQDOW\DVLW
the state of Oklahoma
would not be deemed
from regulating use of
a cruel and unusual
DJULFXOWXUDOWHFKQRORJ\
SXQLVKPHQWHYHQLID
livestock procedures
particular method is
and ranching practices.
unavailable.
It is a constitutional
Those in favor: The
amendment.
death penalty is still
Those in favor: Oklalargely supported in
2NODKRPDWKHUHIRUHWKH KRPD)DUP%XUHDX
Oklahoma Cattlemans
state needs to be able
$VVRFLDWLRQDPRQJ
to designate and use
others. Will help protect
any available and legal

Oklahoma farmers from

special interest groups
and make in-family
transitions easier.
Those against: Humane Society of the
8QLWHG6WDWHV2NODhoma Animal Welfare
/HDJXHDPRQJRWKHUV
Will make it easier for
large corporations to
farm in Oklahoma that
will cut small farms
from the market.

S.Q. 779

Would increase sales

tax by one penny per
dollar spent that will go
toward the Oklahoma
Education Fund. Will
allow for raises for
WHDFKHUVDQGVHWRRURQ
KRZPXFKVWDWH/HJislature can spend on
education.
Those in favor: Would
ensure guaranteed money toward education

DQGQRWKLQJHOVHZKLFK
is a big need in Oklahoma. Some schools are
forced to go to four days
a week.
Those against: A sales
tax hurts those in lowerincome households.
:RXOGKLQGHUVWDWH/HJislatures ability to use
tax money. The Stillwater City Council passed
resolution opposing it
because it would hurt
the city and countys
ability to pay for services such as roads and
other projects.

S.Q. 780

Would reclassify
FHUWDLQRHQVHVVLPSOH
GUXJSRVVHVVLRQSURSerty crimes) as misdemeanors instead of
felonies.
Those in favor:
Would reduced prison
SRSXODWLRQVOHVVFRVWWR

taxpayers. Would also

DLPWRWUHDWDGGLFWLRQ
instead of punish.
Those against: Would
increase county jail
SRSXODWLRQFRXOGUHVXOW
in more drug possession
and pose a danger to
citizens.

S.Q. 781

Contingent on S.Q.
SDVVLQJWKLVZRXOG
create the County
Community Safety
Investment Fund from
WKHVDYLQJV64
creates.
Those in favor: Would
provide new way to
QDQFHPHQWDOKHDOWK
and other rehab services
at the county level.
Those against: The
money is calculated by
2FHRI0DQDJHPHQW
and Enterprise Services
and is not guaranteed.

S.Q. 790

public expenditure or
property use for religious purposes would
not be explicitly prohibited.

Property of OPS News Tracker and members of the Oklahoma Press Association.

Those in favor: Would

remove an obstacle to
the state in allowing
religious institutions
to participate in public
programs on an equal
basis with non-religious
institutions.
Those against: Would
open gates for other
religious groups to place
own monuments on
state grounds. Would
DHFWPDQ\DUHDVRI
religious freedom.
S.Q. 792
Would allow stores to
VHOOKLJKSRLQWUHIULJHUated beer and wine.
Those in favor: Modernizes Oklahoma liquor
laws. Would be on par
with most other states.
Those against: Would
hurt independent liquor
stores due to increased
competition and costs.
That could lead to decreased competition and
higher prices.
Note: Oklahoma Vote
Guide was used as contribution to this story.

Enid News & Eagle

Tulsa World
against State
Question 777
Oct
08
2016
Page
A004
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y Tulsa World
Both sides in the debate
ver State Question 777
the so-called Right to
arm proposal have been
uilty of excesses in their
guments.
The proponents have
uggested that only a state
onstitutional measure could
hield cherished rural values
f decent working farmers
om the meddling hands
f bureaucrats and lunatic
co-extremists.
The opponents have
aimed that, were the meaure to pass, almost any
maginable cruelty up
and including ramming
steel rod down a puppys
roat to debark it
ould become legal and
ave the same protection as
ee speech in Oklahoma.
We dont think either
ghtmare scenario is likely,
nd chalk up the exaggered rhetoric to the need to
et voters excited ... and the
esire to raise money.
A rational review of SQ
77 comes to these concluons: It solves no pressing
roblem in the state, and it
ould create some.
The measure would preent future state and local
gulation on farming and
vestock activities unless
e state has a compelling
ate interest, a very high
gal standard shared by
asic civil rights.
Rules that were on the
ooks before Dec. 31, 2014,
nd regulations in several
eas trespassing laws,
r example are exempt.
It wouldnt wipe animal
uelty laws off the books.
either would it effectiveprotect the lifestyles of
randpas farm.
In fact, the measure
ould give enormous legal
rotections to big-time cororate agriculture, which
a greater threat to the
onic homestead than the
egislature.
Agriculture remains an
mazingly powerful interest
roup at the state Capitol,
nd Exhibit A is the legislave vote to put SQ 777 on
e ballot in the first place.
Frankly, farmers have
ttle to fear from state lawakers messing with their
usiness.
And when thats not true,
houldnt the people through
eir elected representatives,
e able to regulate an indusy that affects land, water
nd food? You say the state
houldnt regulate those
ings. Why not?
The first rule of constitional amendments should
e: First, do no harm, and in
s potential for unintended
onsequences especially
the states ability to proct its own environment
e fear harm in SQ 777.
Farming is very importnt, but SQ 777 doesnt
olve any real Oklahoma
roblems, and its potential
create new problems
the future makes it bad
olicy.

Property of OPS News Tracker and members of the Oklahoma Press Association.