Can Oklahoma county voters propose new county laws through an initiative petition, and where do they file the petition?
Plain-English summary
Oklahoma's constitution reserves to the people the power to propose laws by initiative petition, both at the state level (state questions) and at the county and district level. Article V, § 5 says: "The powers of the initiative and referendum reserved to the people by this Constitution for the State at large, are hereby further reserved to the legal voters of every county and district therein, as to all local legislation, or action, in the administration of county and district government."
Representative Turner asked a deceptively simple question: where do you file a county-level initiative petition? AG Drummond traced the answer through three layers of statute:
- County tax incentives for local development (62 O.S. § 868): file with the secretary of the county election board.
- County ad valorem tax to fund the county health department (63 O.S. § 1-224) or county sales tax (68 O.S. § 1370): file with the county clerk.
- Anything else, the catch-all default under title 34: file with the Oklahoma Secretary of State, following the same procedures used for statewide initiative petitions.
The AG flagged this last result as "less than ideal" and urged the legislature to adopt a county-clerk-based filing system for general county initiative petitions, parallel to what the legislature did for municipal initiatives in 11 O.S. § 15-102.
What this means for you
If you are a county resident wanting to propose a new county law
You have a constitutional right to do this, but the procedural path varies:
- Tax-incentive measures for economic development: file with your county election board. Follow 62 O.S. § 868.
- Ad valorem tax for county health department: file with the county clerk. Follow 63 O.S. § 1-224.
- County sales tax: file with the county clerk. Follow 68 O.S. § 1370.
- Anything else (e.g., zoning rules, county personnel policies, broader-scope ordinances within county authority): file with the Oklahoma Secretary of State. Follow the title 34 statewide procedures, including 90-day signature-collection window and ballot title review by the Attorney General.
For the catch-all category, plan for a longer process: secretary-of-state review, public protest period, and statewide-style procedures even though the matter is local.
If you are a county clerk
Recognize the three filing categories. For tax-incentive and health-department/sales-tax petitions, you have a direct role. For other county initiatives, the SOS is the proper filing point: but the AG noted that publishing supplemental notice in a local newspaper would be best practice, even though title 34 only requires SOS website notice and a statewide newspaper.
If you serve on a county election board
Be ready to receive § 868 tax-incentive petitions. Track signature collection and review for sufficiency.
If you are a county commissioner
The board of county commissioners sets the time of any election for a county initiative under article V, § 5. The "manner" is set by general state law, but the timing is yours.
If you are a civic organizer planning a county initiative
Know which statute applies before you start collecting signatures. Mistakes in choice of filing officer can invalidate a petition. The cases (e.g., In re Sufficiency of Initiative Petition 1974-1 of Canadian Cty.) show that procedural compliance is taken seriously.
For county tax measures, plan around the special filing rules. For general policy initiatives, plan around the SOS process, including a 20-business-day protest window after publication.
If you are a state legislator
The AG explicitly invited the legislature to fix the catch-all gap. Modeling on 11 O.S. § 15-102 (which sends municipal initiative duties to the city clerk and other municipal officers), the legislature could direct general county initiative petitions to a county officer. Until then, the SOS handles them, awkwardly.
Common questions
Q: Can I propose a county-level zoning ordinance through initiative?
A: Yes, in principle, if zoning is within county authority for the matter at issue. File with the SOS under title 34.
Q: How many signatures do I need?
A: That depends on the type and scope of the initiative and the county's voter base. Title 34 sets state-question signature requirements; specific county statutes (62 O.S. § 868, etc.) may have different thresholds.
Q: Does the AG review my ballot title?
A: Yes for petitions filed with the Secretary of State (title 34). The AG's role for purely county-tax filings going to the county clerk or election board may be different: check the specific statute.
Q: Can a county initiative override state law?
A: No. Article V, § 5 limits county initiative power to "all local legislation, or action, in the administration of county and district government." Matters reserved to the state remain state-only.
Q: Can I use initiative to remove a county officer?
A: No, this is a separate process (recall) governed by other rules.
Q: How long do I have to gather signatures?
A: Under title 34, 90 days from the date set by the SOS after protest issues are resolved.
Q: What if my county doesn't have its own procedures for non-tax initiatives?
A: That is the gap the AG flagged. There is no county-level mirror to the municipal § 15-102. Default to the SOS process under title 34.
Background and statutory framework
The initiative and referendum trace back to Oklahoma statehood. Article V, § 1 vests the legislative authority in the legislature but reserves to the people the power "to propose laws and amendments to the Constitution and to enact or reject the same at the polls independent of the Legislature." Section 5 extends that reservation to county voters for county-level matters.
The Oklahoma Supreme Court has called the initiative and referendum "the machinery whereby self-governing people may express their opinion in concrete form upon matters of public concern" (Ruth v. Peshek, 1931).
Title 34 implements the constitutional initiative power for state-level petitions. The legislature has carved out specific procedures for certain county tax measures (62 O.S. § 868; 63 O.S. § 1-224; 68 O.S. § 1370), each with its own filing officer.
For municipal initiatives, the legislature created a clean parallel structure in 11 O.S. § 15-102: duties of the Governor go to the mayor, duties of the SOS go to the municipal clerk, duties of the AG go to the city attorney. No similar provision exists for general county initiatives. Result: the SOS handles them, even though the matter is local.
Citations and references
Constitution:
- Okla. Const. art. V, §§ 1, 3, 5, Initiative and referendum
- Okla. Const. art. II, § 1: Political power inherent in the people
Statutes:
- 34 O.S. §§ 2–9, Initiative petition procedures
- 62 O.S. § 868, County tax incentives
- 63 O.S. § 1-224, County health department tax
- 68 O.S. § 1370, County sales tax
- 11 O.S. § 15-102: Municipal initiative procedures (parallel)
Cases:
- Ruth v. Peshek, 1931 OK 674, 5 P.2d 108, initiative as expression of self-government
- Nichols v. Ziriax, 2022 OK 76, 518 P.3d 883, title 34 as statutory framework
- In re Initiative Petition No. 9 of Okla. City, 1939 OK 238, 90 P.2d 665, county-level initiative authority
Source
- Landing page: https://oklahoma.gov/oag/opinions/ag-opinions/2025/ag-opinion-2025-06.html
- Original PDF: https://oklahoma.gov/content/dam/ok/en/oag/opinions/ag-opinions/2025/UTF-8AG Opinion 2025-6 2025 OK AG 6.pdf
Original opinion text
GENTNER DRUMMOND
ATTORNEY GENERAL
ATTORNEY GENERAL OPINION
2025-6
The Honorable Tim Turner
Oklahoma House of Representatives, District 15
2300 N. Lincoln Blvd., Suite 500.3
Oklahoma City, OK 73105
May 2, 2025
Dear Representative Turner:
This office has received your request for an Attorney General Opinion in which you ask, in effect,
the following questions:
1. Do Oklahoma counties have the authority to adopt laws through the initiative
petition process?
2. If so, should initiative petitions on the county level be filed with the county
clerk?
I.
SUMMARY
The Oklahoma Constitution reserves to the people of Oklahoma the legislative authority to enact
laws through initiative petition, both as to matters of statewide concern and, for county voters, as
to “all local legislation, or action, in the administration of county and district government[.]”
OKLA. CONST. art. V, § 5. The Constitution further directs that “the manner of exercising” these
powers at the county level “shall be prescribed by general laws[.]” Id. The Legislature enacted
general laws for the initiative petition process that require petitions to be filed with the Secretary
of State, as well as more narrow laws that require county-level initiative petitions related to
taxation to be filed with either the county clerk or the secretary of the county election board. See
34 O.S.2021, § 8; see also 62 O.S.2021, § 868; 63 O.S.2021, §§ 1-223–1-224; and 68 O.S.2021, §
1370.
II.
BACKGROUND
In forming our state government, the framers of Oklahoma’s Constitution adopted the familiar
separation of powers found in its federal counterpart, dividing governmental power among three
branches: the Legislative, Executive, and Judicial. OKLA. CONST. art. IV, § 1. Article V of the
313 N.E. 21ST STREET • OKLAHOMA CITY, OK 73105 • (405) 521-3921 • FAX: (405) 521-6246
Representative Tim Turner
Oklahoma House of Representatives, District 15
A.G. Opinion
Page 2
Constitution vests the State’s legislative authority in the Legislature, but it also reserves to the
people “the power to propose laws and amendments to the Constitution and to enact or reject the
same at the polls independent of the Legislature[.]” OKLA. CONST. art V, § 1; see also OKLA.
CONST. art. II, § 1 (“All political power is inherent in the people; and government is instituted for
their protection, security, and benefit, and to promote their general welfare; and they have the right
to alter or reform the same whenever the public good may require it[.]”). This reservation of
legislative power in the form of initiative and referendum1 was described nearly a century ago by
the Oklahoma Supreme Court in the following terms:
Ours is a government which rests upon the will of the governed. The initiative and
referendum is the machinery whereby self-governing people may express their
opinion in concrete form upon matters of public concern. If the people are to be
self-governed, it is essential that they shall have a right to vote upon questions of
public interest and register the public will.
Ruth v. Peshek, 1931 OK 674, ¶ 29, 5 P.2d 108, 112.
While the Constitution itself provides the basic outlines of the initiative petition process, it directs
the Legislature to “make suitable provisions for carrying into effect the provisions of [Article V of
the Constitution].” OKLA. CONST. art. V, § 3. “The Legislature has done so by enacting [t]itle 34,
a statutory framework that sets forth the requirements and time frames for the initiative process.”
Nichols v. Ziriax, 2022 OK 76, ¶ 13, 518 P.3d 883, 888. The provisions of title 34 set forth, among
other things, the form of an initiative petition and details of the accompanying signature pamphlet;
instructions for filing an initiative petition with the Secretary of State, along with guidelines for
the Secretary of State’s review and publication notice of the petition; requirements and timelines
for collection of signatures; and, the process for objections to the sufficiency of petition, signature
collection, and ballot title. 34 O.S.2021 & Supp.2024, §§ 2–3, 6, & 8–9.
III.
DISCUSSION
While the initiative petition process is invoked most frequently with respect to state questions, you
have asked whether initiative petitions may be used by voters in a county to propose or amend
county-level laws and, if so, where such petitions are to be filed.
A.
Under the Oklahoma Constitution and relevant statutes, county residents are
empowered to exercise the initiative petition process for county-level legislation.
The Oklahoma Constitution makes clear that the initiative petition process is available as an option
to propose or amend county-level laws, just as it is for state questions:
1
“Referendum petitions ask for voters to approve or reject a bill of the legislature. Initiative petitions ask
voters to approve or reject a proposed law. An initiative petition may amend existing law by repealing parts of recent
legislation along with proposing new laws.” In re Initiative Petition No. 425, State Question No. 809, 2020 OK 58, ¶
8, 470 P.3d 284, 287 (citations omitted).
Representative Tim Turner
Oklahoma House of Representatives, District 15
A.G. Opinion
Page 3
The powers of the initiative and referendum reserved to the people by this
Constitution for the State at large, are hereby further reserved to the legal voters of
every county and district therein, as to all local legislation, or action, in the
administration of county and district government in and for their respective counties
and districts.
OKLA. CONST. art. V, § 5;2 In re Initiative Petition No. 9 of Okla. City, 1939 OK 238, ¶¶ 12-13, 90
P.2d 665, 668 (citing to article V, section 5 and concluding, “[i]t is therefore manifest that the
framers of the Constitution had in mind and intended that the power of the initiative so reserved
should be exercised either by the voters of the state at large or those of counties or districts therein
in connection with local legislation”).
As with the statewide process, the Constitution directs the Legislature to “prescribe[] by general
laws” the manner in which county-level initiative petition power is to be exercised, although it is
left to the boards of county commissioners to provide for the time of such exercise. OKLA. CONST.
art. V, § 5. The Legislature has done so in several titles in the Oklahoma statutes. Most generally,
title 34, section 2 provides a statutory form for statewide, county-level, or municipal initiative
petitions, as applicable. 34 O.S.2021, § 2. But the Legislature has also provided for specific uses
of the initiative petition process at the county level, typically with respect to local taxation. So, for
example, use of the initiative process is explicitly authorized at the county level for granting tax
relief or incentives for local development, levying an ad valorem tax to maintain the county health
department, or levying a county sales tax. 62 O.S.2021, § 868; 63 O.S.2021, §§ 1-223–1-224; and
68 O.S.2021, § 1370.
Accordingly, whether under the general authority of article V of the Oklahoma Constitution and
title 34 of the Oklahoma Statutes, or the more specific, taxation-related statutory authority outlined
above, it is clear that voters may enact county-level laws through the initiative petition process.
B.
The process for filing a county-level initiative petition will depend on the purpose for
which the petition is proposed.
You next ask with whom a county-level initiative petition should be filed. In general, the process
for filing an initiative petition for a state question begins when proponents file the petition and
ballot title with the Secretary of State and the Attorney General. See 34 O.S.2021, §§ 8(A), 9(A).
This leads to the Secretary of State publishing a notice of the filing on its website and in a
newspaper of general circulation, including notice that citizens may file a protest as to the petition’s
constitutionality within 20 business days of publication. Id. § 8(B). Once all protests have been
resolved, or the time to file protests has expired, the Secretary of State sets the date for proponents
to begin circulating the petition for signatures, followed by a deadline for collecting signatures 90
days later. Id. § 9(E). The Secretary of State then counts and reviews the signature pamphlets to
determine whether a sufficient number have been gathered for the proposal to be added to the
ballot. Id. § 9(G)-(I).
2
Similar language appears in article XVIII, section 4(a) of the Constitution regarding initiative petitions at
the municipal level.
Representative Tim Turner
Oklahoma House of Representatives, District 15
A.G. Opinion
Page 4
At the county level, the process slightly differs for the specific, tax-related initiative petitions
described above. A county-level initiative petition that proposes tax incentives for local
development is filed with the secretary of the county election board, and must comply with the
requirements of title 62, section 868 of the Oklahoma Statutes. Meanwhile, initiative petitions to
levy an ad valorem tax to fund the county health department or to levy a sales tax are filed with
the county clerk, and must comply with the requirements of title 63, section 1-2243 and title 68,
section 1370, respectively.
But what about situations where county residents wish to exercise their right to amend or propose
new county-level laws that fall outside these specific areas? One might assume that they should
also be filed with a county official. By way of comparison, for municipal-level initiative petitions,
the Legislature permits municipal governments to adopt, by ordinance or charter, procedures for
their residents to exercise their power of initiative. See 11 O.S.2021, § 15-102. For those that do
not, the initiative petition procedures are “governed by the Oklahoma Constitution and general
state law, except as otherwise provided in [title 11, sections 15-101 through 15-110].” Id. The same
provision provides explicitly that “[t]he duties required of the Governor by state law shall be
performed by the mayor; the duties of the Secretary of State shall be performed by the municipal
clerk; and the duties of the Attorney General shall be performed by the attorney for the
municipality.” Id.
However, a review of Oklahoma statutes reveals no such county-level equivalent. With that being
the case, there is no option for proponents of an initiative petition to amend or propose new county
laws other than resort to the generalized provisions of title 34 of the Oklahoma Statutes. That
means filing the petition with the Secretary of State4 and following the procedures required of
initiative petitions of statewide applicability.5
It is, therefore, the official Opinion of the Attorney General that:
1. Article V, section 5 of the Oklahoma Constitution and relevant statutes
reserve to county residents the power to exercise the initiative petition
process for county-level legislation.
3
See, e.g., In re Sufficiency of Initiative Petition 1974-1 of Canadian Cty., 1975 OK 56, 534 P.2d 678
(evaluating sufficiency of initiative petition and signatures received by county clerk to propose tax levy for county
health department).
4
While title 34, section 4 of the Oklahoma Statutes provides that references made to the Secretary of State
“shall include the Secretary of State or any officer constitutionally designated to perform the duties herein prescribed,”
there is no other officer designated in the Oklahoma Constitution to carry out the duties of the Secretary of State with
regard to initiative petitions.
5
This result is less than ideal. It would seem more appropriate for the duties of the Secretary of State under
title 34 to be statutorily assigned to a county official for county-level initiative petitions. This would be both consistent
with the initiative petition procedures related to county taxation described above, and comparable to what the
Legislature adopted at the municipal level. Making that determination, however, is up to the Legislature. Should these
responsibilities remain with the Secretary of State, it may be best practice to supplement the statutorily-required
notice—on the Secretary’s website and in a statewide newspaper—with publication notice in a newspaper of general
circulation within the county at issue. Cf. 62 O.S.2021, § 868(C); 63 O.S.2021, § 1-224.
Representative Tim Turner
Oklahoma House of Representatives, District 15
A.G. Opinion
Page 5
- A county-level initiative petition that proposes tax incentives for local
development is filed with the secretary of the county election board. 62
O.S.2021, § 868. A county-level initiative petition to levy either a sales tax
or an ad valorem tax to fund the county health department is filed with the
county clerk. See 63 O.S.2011, § 1-224; 68 O.S.2021, § 1370. All other
county-level initiative petitions are filed with the Secretary of State. 34
O.S.2021, §§ 2, 8.
GENTNER DRUMMOND
ATTORNEY GENERAL OF OKLAHOMA
ETHAN SHANER
DEPUTY GENERAL COUNSEL