IN RE ST. Q. NO. 377, INITIATIVE PETITION NO. 260

IN RE ST. Q. NO. 377, INITIATIVE PETITION NO. 260
1956 OK 217
299 P.2d 532
Case Number: 37415
Decided: 07/10/1956
Supreme Court of Oklahoma

IN THE MATTER OF STATE QUESTION NO. 377, INITIATIVE PETITION NO. 260. E.S. BRISCOE, APPELLANT, PAUL UPDEGRAFF, APPELLANT,
v.
MAC Q. WILLIAMSON, ATTORNEY GENERAL, AND CRAGIN SMITH, LEON SHIPP AND GEO. J. FAGIN, PROPONENTS OF BALLOT TITLE, RESPONDENTS.

Syllabus by the Court.

¶0 Where the Attorney General approves a title submitted by the proponent of an initiated measure and it is filed with the Secretary of State any person may appeal to this Court from the title so prepared and this Court on appeal may approve said title, or decline to adopt said title or the titles suggested by the appellants and draft a new one.

Proceeding in the Matter of Initiative Petition No. 260, State Question No. 377, filed in the office of the Secretary of State. From a Form of Ballot Title prepared by the proponents and approved by the Attorney General, Mac Q. Williamson, to the initiative measure E.S. Briscoe and Paul Updegraff appeal. Ballot Title prepared by the proponents and approved by the Attorney General and those suggested by appellants disapproved and a new ballot title prepared by the court.

W.A. Lybrand, Oklahoma City, for appellant, E.S. Briscoe.

W.R. Wallace, Jr., Oklahoma City, for appellant, Paul Updegraff.

Mac Q. Williamson, Atty. Gen., Fred Hansen, Asst. Atty. Gen., for respondents.

PER CURIAM.

¶1 This is an appeal from the ballot title filed by proponents of State Question 377, Initiative Petition No. 260, and approved by Mac Q. Williamson, Attorney General of the State of Oklahoma.

¶2 The first part of the petition is as follows:

"Section 1. That Section 2, Article XVII of the
Constitution of the State of Oklahoma be amended to
read as follows:
"Section 2, Article XVII. There are hereby created
in and for each county of the state the office of
County Attorney, County Clerk, Court Clerk, Sheriff,
County Treasurer, County Surveyor, County Assessor,
County Superintendent of Schools, and three County
Commissioners. At the regular general election to be
held in November 1956 and in each fourth year
thereafter the officers named in this section shall
be elected for a term of four years. The said terms
of office shall begin on the dates following their
election as provided by law."

¶3 The second part provides for a four year term for County Judges and gives the Legislature specific power to provide for more than one County Judge in a county.

¶4 The ballot title filed by the proponents and approved by the Attorney General is as follows:

"Ballot Title
"Initiative Petition State Question
No. 260, No. 377
"The Gist of the Proposition is as follows:
"Shall an amendment to the Constitution of the State
of Oklahoma
"Amending Section 2, Article XVII of the
Constitution of Oklahoma and Section 11, Article VII
of the Constitution of Oklahoma creating county
officers and the county court and providing for the
election of county officers thereof for a term of
four years,
be approved by the people?"

¶5 The ballot title offered by E.S. Briscoe is as follows:

"Ballot Title
"Initiative Petition State Question
No. 260 No. 377
"The Gist of the Proposition is as follows:
"Shall an amendment to the Constitution of the State
of Oklahoma
"Amending Section 2, Article XVII of the
Constitution of Oklahoma relating to certain county
officers in the various counties of Oklahoma making
same constitutional offices not subject to change by
the Legislature; Amending Section 11, Article VII of
the Constitution of Oklahoma relating to County
Courts in the various counties of the state and
Judges thereof; creating county offices and county
courts of the various counties of Oklahoma and
providing for the election of such county officers
thereof for a term of four years,
be approved by the people?"

¶6 The ballot title offered by Paul Updegraff is as follows:

"Ballot Title
"Initiative Petition State Question
No. 260 No. 377
"The Gist of the Proposition is as follows:
"Shall an amendment to Section 2, Article XVII,
Constitution of Oklahoma,
"Relating to Office of County Attorney, County
Clerk, County Court Clerk, Sheriff, County Treasurer,
County Surveyor, County Assessor, County
Superintendent of Schools, and three County
Commissioners, making same Constitutional offices not
subject to change by the Legislature; Amending
Section 11, Article VII, Constitution of Oklahoma,
relating to County Court and Judges thereof; creating
County Offices and County Courts, and providing for
election of such County officers for a term of four
years, said term to commence at General Election,
November, 1956,
be approved by the people?"

¶7 With the exception of naming the officers the ballot title filed and approved by the Attorney General substantially gives the gist of the proposition stated in the initiative petition.

¶8 We are of the opinion that the ballot title should name the officers affected by the petition. For this reason we are not adopting the ballot title filed by the proponents and approved by the Attorney General and for the same reason we decline to adopt the proposed title submitted by E.W. Briscoe.

¶9 We also decline to adopt the ballot title submitted by Paul Updegraff for the reason said suggested ballot title is inaccurate in stating "said term to commence at General Election, November, 1956," instead of stating that the term of office shall begin on the dates following their election, as provided by law.

¶10 Since we have declined to adopt the ballot titles heretofore offered it becomes our duty under

¶11 In accordance therewith we are of the opinion that the following ballot title, as prepared by the Court, should be adopted:

"Ballot Title
"Initiative Petition State Question
No. 260 No. 377
"The gist of the Proposition is as follows:
"Shall an Amendment to the Constitution of the State
of Oklahoma,
"Amending Section 2, Article XVII of Constitution
of Oklahoma and Section 11, Article VII of
Constitution of Oklahoma creating the county offices
of County Attorney, County Clerk, Court Clerk,
Sheriff, County Treasurer, County Surveyor, County
Assessor, County Superintendent of Schools, and three
County Commissioners, and the county courts and
judges thereof, and providing for the election of all
such county officers for a term of four years, such
terms of office to begin on the dates following their
election as provided by law,
be approved by the people?"
Shall the proposed amendment
be approved [] Yes
[] No.

¶12 We therefore approve and adopt same as a proper ballot title. It is so ordered and the cause is remanded to the Secretary of State.

¶13 All of the Justices concur.