Details for 20-10-63/BALLOT TITLES/TW

670127

Published in the Tulsa World, Tulsa County, Oklahoma, October 18, 2020

PROPOSED MEASURESGeneral Election November 3, 2020 In accordance with Oklahoma Statutes, Title 34, Section 17, notice is hereby given that the following proposed amendments to the Oklahoma Constitution will appear on the Ballot for the General Election to be held November 3, 2020. A "YES" vote is a vote in favor of a measure or proposal. A "NO" vote is a vote against a measure or proposal. J. Brian Bingman Oklahoma Secretary of State Ballot Titles ___________________________________________________________ STATE QUESTION 805 INITIATIVE PETITION 421 This measure seeks to add a new Article II-A to the Oklahoma Constitution: This new Article excepts and does not apply to persons who have ever been convicted of a violent felony. It would prohibit the use of a former felony conviction to increase the statutorily allowable base range of punishment for a person subsequently convicted of a felony. Individuals who are currently incarcerated for felony sentences that were enhanced based on one or more former felony convictions, and whose sentences are greater than the maximum sentence that may currently be imposed for such felonies, may seek sentence modification in court. The new Article sets forth a detailed process for such sentence modification, including but not limited to requirements for a hearing, appointment of counsel for indigent petitioners, and notification of victims, and requires that the court impose a modified sentence no greater than the current maximum sentence which may be imposed on a person convicted of the same felony with no former felony convictions, and which results in no greater time served in prison than under the original sentence. It establishes an appeal procedure, provides an effective date, and contains a severability clause. SHALL THE PROPOSAL BE APPROVED? FOR THE PROPOSAL YES AGAINST THE PROPOSAL NO A "YES" vote is a vote in favor of this measure. A "NO" vote is a vote against this measure. ___________________________________________________________ STATE QUESTION 814 LEGISLATIVE REFERENDUM 375 This measure seeks to amend Article 10, Section 40 of the Oklahoma Constitution ("Section 40"), which directs proceeds from the State's settlements with or judgments against tobacco companies. Currently, Section 40 directs 75% of proceeds to the Tobacco Settlement Endowment Trust Fund ("TSET Fund"), where earnings may only be used for tobacco prevention programs, cancer research, and other such programs to maintain or improve the health of Oklahomans. Meanwhile, the remaining 25% of proceeds are directed to a separate fund for the Legislature ("Legislative Fund"). The Legislature can also direct some of that 25% to the Attorney General. This measure amends Section 40 to reduce the percentage of proceeds that go into the TSET Fund from 75% to 25%. As a result, the remaining 75% will go to the Legislative Fund and the Legislature may continue to direct a portion to the Attorney General. The measure would also restrict the use of the Legislative Fund. Section 40 currently states only that the Legislative Fund is subject to legislative appropriation. If this measure passes, money from the Legislative Fund must be used to get federal matching funds for Oklahoma's Medicaid Program. SHALL THE PROPOSAL BE APPROVED? FOR THE PROPOSAL YES AGAINST THE PROPOSAL NO A "YES" vote is a vote in favor of this measure. A "NO" vote is a vote against this measure.

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