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Grassroots Criminal Justice Group Takes Ballot Language Dispute to Oklahoma Supreme Court

Kris Steele, left, Chair of Oklahomans for Criminal Justice Reform, and Ryan Kiesel, second from left, Executive Director, American Civil Liberties Union of Oklahoma, deliver petitions to the Oklahoma Secretary of State
Sue Ogrocki
/
AP
Kris Steele, left, Chair of Oklahomans for Criminal Justice Reform, and Ryan Kiesel, second from left, Executive Director, American Civil Liberties Union of Oklahoma, deliver petitions to the Oklahoma Secretary of State

A grassroots group wanting criminal justice reform measures on the November ballot is asking the Oklahoma Supreme Court to intervene after Attorney General Scott Pruitt rewrote the ballot title language.

Pruitt wrote new descriptions last month for both State Question 780 and 781 after determining the submitted language was insufficient, eCapitol’s Shawn Ashley reports:

 

In a letter to the Secretary of State's Office, Pruitt outlined three reasons its proposed ballot title for State Question 780 did not meet the basic words test: • It fails to explain that distinctions within simple drug possession charges are no longer made based on the type of drug possessed; • It fails to explain that enhancements based on the number of possession offenses and on the location of the offense have been removed; and • It fails to state that the value of the property for the identified felony property offenses increased from $500 to $1,000.

In a state Supreme Court filing submitted last week, Oklahomans For Criminal Justice Reform claims Pruitt’s versions “are misleading, contain improper argument and express partiality.”

State Question 780 outlines drug sentencing reforms the group wants to see enacted. State Question 781 redirects savings from the sentencing reforms to provide greater access to community sentencing and mental health treatment programs. 

Pruitt said that groups proposed ballot title for State Question 781 "…fails to explain in basic words the effect of the proposition because it does not explain that the Office of Management and Enterprise Services will be responsible for calculating the funds to be deposited in the County Community Safety Investment Fund and that these calculations will be based on actual data or best available estimates."

Pruitt's submitted language for both 780 and 781 is longer and seeks to clarify the shortcomings Pruitt sees in the original versions. Oklahomans for Criminal Justice Reform offered new ballot titles to the Supreme Court and is asking the Court to write language of its own or accept the group's rewritten versions. 

All state questions must receive a governor's proclamation before August 26 to be placed on the November ballot. All legal challenges must be resolved before the governor can issue a proclamation. 

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