Oklahoma State Question 801, Allow Certain Voter-Approved Property Taxes to Fund School District Operations Amendment (2018)

Elections in Oklahoma, 2018

• General election: Nov. 6
• Voter registration deadline: Oct. 12
• Early voting: Nov. 1 - Nov. 3
• Absentee voting deadline: Nov. 6

• Online registration: No
• Same-day registration: No
• Voter ID: Non-photo ID required
• Poll times: 7:00 a.m. to 7:00 p.m.

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Oklahoma State Question 801
Election date November 6, 2018
Topic Taxes
Status d Defeated
Type Constitutional amendment	Origin State legislature
List of Oklahoma measuresOklahoma State Question 788 - JuneOklahoma State Question 793Oklahoma State Question 794Oklahoma State Question 798Oklahoma State Question 800Oklahoma State Question 801Submit

The Oklahoma Allow Certain Voter-Approved Property Taxes to Fund School District Operations Amendment, State Question 801, is on the ballot in Oklahoma as a legislatively referred constitutional amendment on November 6, 2018. It was defeated.

A "yes" vote supported amending the state constitution to allow certain local voter-approved property taxes—known as ad valorem levies—to be used to fund school district operations as well as construction.

A "no" vote opposed amending the state constitution to allow certain local voter-approved property taxes—known as ad valorem levies—to be used to fund school district operations as well as construction.

Election results

Oklahoma State Question 801
Result		Votes	Percentage
Yes		572,811	49.60%
No		581,989	50.40%

Results are officially certified.

Source

Measure design

This measure would have amended the state constitution to allow certain local voter-approved property taxes—known as ad valorem levies—to be used to fund school district operations as well as construction. Going into the election, the state constitution allowed for revenue from the voter-approved property taxes to be used for construction.

Text of measure

Ballot title

The ballot title for the amendment is below.

“

This measure amends Section 10 of Article 10 of the Oklahoma Constitution. It expands the uses permitted for certain ad valorem taxes levied by a school district. Currently, tax revenue is placed in a building fund. The fund is changed to allow use for operations. The operations would be those deemed necessary by a school district. SHALL THE PROPOSAL BE APPROVED? FOR THE PROPOSAL – YES AGAINST THE PROPOSAL – NO

”

Constitutional changes

See also: Article X, Oklahoma Constitution

The measure would have amended section 10 of Article X of the state constitution. The following underlined text would have been added, and struck-through text would have been deleted:

Section 10. A. For the purpose of erecting public buildings in counties or cities, or for the purpose of raising money for a building and operations fund for a school district which may be used for erecting, remodeling or repairing school buildings, and for purchasing furniture or for operations as deemed necessary by a school district, the rates of taxation herein limited may be increased, when the rate of such increase and the purpose for which it is intended shall have been submitted to a vote of the people, and a majority of the qualified voters of such county, city, or school district, voting at such election, shall vote therefor: Provided, that such increase shall not exceed five (5) mills on the dollar of the assessed value of the taxable property in such county, city, or school district.

B. A school district may upon approval by a majority of the electors of the district voting on the question make the ad valorem levy for a building and operations fund under subsection A of this section permanent. If the question is approved, the levy in the amount approved as required by this section, shall be made each fiscal year thereafter until such time as a majority of the electors of the district voting on the question rescind the making of the levy permanent. An election on such question shall be held at such time as a petition is signed by ten percent (10%) of the school district electors or a recommendation by the board of education of the school district is made asking that the levies be made each fiscal year.

Readability score

See also: Ballot measure readability scores, 2018

Using the Flesch-Kincaid Grade Level (FKGL and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure. The FKGL for the ballot title is grade level 9, and the FRE is 53. The word count for the ballot title is 54, and the estimated reading time is 14 seconds. In 2018, for the 167 statewide measures on the ballot, the average ballot title or question was written at a level appropriate for those with between 19 and 20 years of U.S. formal education (graduate school-level of education), according to the FKGL formula. Read Ballotpedia's entire 2018 ballot language readability report here.

Support

Sponsors

The measure was sponsored by Sen. Stephanie Bice (R-22) and Rep. Elise Hall (R-100).

Opposition

Opponents

• Jay Vernon, superintendent at Morrison Public Schools
• Marc Moore, superintendent of Stillwater Public Schools
• Kenny Beams, superintendent of Ripley Public Schools

Arguments

• Jay Vernon, superintendent at Morrison Public Schools, said, "I think this one is a head-scratcher by Fallin... it makes no sense to us at Morrison. We do not, nor have ever had, enough building fund monies to support all our utilities, maintenance and janitorial staff salaries for a year. I do not see the need for this change nor have I seen/heard a good reason from the state Capitol as to how this is helpful."

• Kenny Beams, superintendent of Ripley Public Schools, said, "It really bothers me. Rather than us coming up with new funds for teacher salaries ... just use your building fund for it. It is clearly obvious that long-term, they've got to come up with more funding sources other than what they have now to support the teacher salaries."

• Oklahoma Education Association President Alicia Priest wrote the following statement opposing the measure:

“

Our schools don't have enough funding, and State Question 801 doesn't do anything to fix that. Schools already use funding addressed in SQ 801 to pay for capital projects and repairs. By putting this measure on the ballot, Governor Fallin is asking schools to start choosing between paying their teachers and repairing broken buildings. While it's being pitched as a solution, in reality, SQ 801 merely shifts the burden of funding our schools from the state to our local communities. Not all communities have the same wealth, so this measure will increase the funding disparity between our richest and poorest school districts. SQ 801 does nothing to improve our public schools for Oklahoma's students.

”

Media editorials

See also: 2018 ballot measure media endorsements

Support

• Tulsa World said: "We endorse State Question 801, which would allow school districts to use property tax money dedicated to a building fund for other uses. We favor local control and greater freedom with school funding, but hasten to point out that the proposal won’t add a penny to the amount of money available to schools and certainly isn’t the solution to inadequate state funding of public schools."

Opposition

• The Muskogee Phoenix said: "Even with recent spending increases, per student spending in Oklahoma remains below 2009 levels. This is inexcusable and must be addressed during the next legislative session. State Question 801 is not part of the solution. We recommend you vote No on SQ 801."
• The Enid News & Eagle said: "Opponents argue SQ 801 does nothing to improve overall funding for education, but it potentially shifts a small portion of that burden from state to local resources. Most education organizations oppose this proposed constitutional amendment because they feel it gives property-rich districts an unfair advantage and misleads taxpayers into thinking local schools and teachers are getting more money. It’s hard to support for that reason."

Campaign finance

See also: Campaign finance requirements for Oklahoma ballot measures

One committee, SQ 801 for Local Classrooms, was registered in support of State Question 801. The committee had reported $100,100 in contributions, all from the State Chamber of Oklahoma. Ballotpedia has not identified any ballot measure committees registered in opposition to the measure.

	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$100,100.00	$0.00	$100,100.00	$100,044.66	$100,044.66
Oppose	$0.00	$0.00	$0.00	$0.00	$0.00
Total	$100,100.00	$0.00	$100,100.00	$100,044.66	$100,044.66

Support

The following table includes contribution and expenditure totals for the committees in support of the measure.

Committees in support of State Question 801
Committee	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
SQ 801 for Local Classrooms	$100,100.00	$0.00	$100,100.00	$100,044.66	$100,044.66
Total	$100,100.00	$0.00	$100,100.00	$100,044.66	$100,044.66

Donors

The following were the top donors to the committee.

Donor	Cash Contributions	In-Kind Contributions	Total Contributions
State Chamber of Oklahoma	$100,100.00	$0.00	$100,100.00

Background

Referred amendments on the ballot

From 1996 through 2016, the Oklahoma State Legislature referred 63 constitutional amendments to the ballot. Voters approved 52 and rejected 11 of the referred amendments. All but one of the amendments were referred to the ballot for elections during even-numbered election years. The average number of amendments appearing on even-year ballots was between five and six. The approval rate of referred amendments at the ballot box was 82.5 percent during the 20-year period from 1996 through 2016. The rejection rate was 17.5 percent. The table below shows referred amendments in even-numbered years:

Legislatively-referred constitutional amendments, 1996-2016
Total number	Approved	Percent approved	Defeated	Percent defeated	Annual average	Annual median	Annual minimum	Annual maximum
62	51	82.26%	11	17.74%	5.64	6.00	3	9

Path to the ballot

See also: Amending the Oklahoma Constitution

To put a legislatively referred constitutional amendment before voters, a simple majority is required in both the Oklahoma State Senate and the Oklahoma House of Representatives. This amendment was introduced as Senate Joint Resolution 70 and received its first reading on February 5, 2018. The state Senate approved SJR 70 on March 8, 2018, in a vote of 34-8, with six excused. The House passed an amended version in a vote of 57 to 34 on April 24, 2018. The Senate adopted the House's amendments and passed the measure 28 to 15 on May 2, 2018, certifying it for the 2018 ballot.

Vote in the Oklahoma State Senate May 2, 2018
Requirement: Simple majority vote of all members in each chamber
Number of yes votes required: 24  a
	Yes	No	Not voting
Total	28	15	4
Total percent	59.57%	53.19%	8.51%
Democrat	0	7	1
Republican	28	8	3

Vote in the Oklahoma House of Representatives April 24, 2018
Requirement: Simple majority vote of all members in each chamber
Number of yes votes required: 51  a
	Yes	No	Not voting
Total	57	34	9
Total percent	57.00%	34.00%	9.00%
Democrat	0	24	4
Republican	57	10	5

How to cast a vote

See also: Voting in Oklahoma

Poll times

In Oklahoma, all polls are open from 7 a.m. to 7 p.m. Central Time. An individual who is in line at the time polls close must be allowed to vote.

Registration requirements

Check your voter registration status here.

To vote in Oklahoma, one must be at least 18 years old, a United States citizen, and a resident of Oklahoma.

The deadline for registration is 25 days prior to the election.

“	You can fill out a Voter Registration Application using the OK Voter Portal "wizard." (Be sure to print, sign, and mail or hand-deliver the application to your County Election Board to complete the process.) Voter registration applications are also available at your County Election Board, most tag agencies, post offices, and libraries and can be downloaded from the State Election Board website..	”
—Oklahoma State Election Board

Once an applicant has been successfully registered, the county election board will mail him or her a voter identification card.

Automatic registration

Oklahoma does not practice automatic voter registration.

Online registration

See also: Online voter registration

Oklahoma has implemented an online voter registration system. Residents can register to vote by visiting this website.

Same-day registration

Oklahoma does not allow same-day voter registration.

Residency requirements

To register to vote in Oklahoma, you must be a resident of the state.

Verification of citizenship

See also: Laws permitting noncitizens to vote in the United States

Oklahoma does not require proof of citizenship for voter registration. An individual must attest that they are a U.S. citizen when registering to vote. According to the state's voter registration application, a voter who submits false information commits a "felony punishable by not more than five years in prison, by a fine of not more than $50,000, or both."

All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment. Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. One state, Ohio, requires proof of citizenship only when registering to vote at a Bureau of Motor Vehicles facility. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters.

Verifying your registration

The Oklahoma State Election Board allows residents to check their voter registration status online by visiting this website.

Voter ID requirements

Oklahoma requires voters to present identification while voting. Generally, voters are required to present a photo ID, but there is an exception to this requirement.

Valid forms of identification include government-issued photo IDs and county election board voter identification cards (which do not include photographs).

Voters can present a document issued by the United States government, the State of Oklahoma, or a federally recognized tribal government. The document must include the following information:

• Name
• Photograph
• Expiration date that is after the date of the election

See also

2018 measures

• 2018 ballot measures
• Budgets on the ballot
• Taxes on the ballot

Oklahoma

• Oklahoma ballot measures
• Oklahoma ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• Senate Joint Resolution 70