Sufficiency Certification of Initiative Signatures in Oklahoma

Abstract

The establishment of equitable rules whereby the constitutional rights of affected interests may be protected against arbitrary invasion from laws adopted by the electorate under the reserved legislative powers of the initiative and referendum remains the most important procedural question in the whole field of direct legislation. In reserving the authority to initiate constitutional and statutory measures without the approval or consent of the popular assembly, and to enact such measures through the medium of a popular referendum, the popular sovereign has created a mechanic of legislation coördinate in authority with the legislature. But in erecting barriers against fraudulent and corrupt practices upon the part of those engaged in the initiation of proposed measures, the state constitutions and laws present the possibility of obstructionist tactics by opponents of the proposals and undue delay in the presentation of the measures to the electorates for decision. The recent political imbroglio in Oklahoma over the adoption of an old-age-pensions amendment to the state constitution emphasizes the difficulties of reconciling these conflicting interests.