Oklahoma Election 2023: February 2023 Archives

All of Oklahoma's voters have an election on Tuesday, March 7, 2023. The only thing on the ballot is State Question 820, which would enact a law to legalize marijuana for any purpose, over and above the "medical" marijuana law, SQ 788, approved by voters in June 2018.

I will be voting NO - AGAINST THE PROPOSITION, and I hope you will join me in turning out to cast a no vote and encouraging friends and family to do the same. Polls will be open on election day, Tuesday, March 7, 2023, from 7:00 a.m. to 7:00 p.m. Early voting will be available on Thursday, March 2, and Friday, March 3, 2023, from 8:00 a.m. to 6 p.m. at at least one location in each county; Tulsa County will have early voting at the election board downtown and at the Hardesty Regional Library in south Tulsa.

In 2018, Oklahoma voters approved "medical" marijuana, perhaps imagining pharmacists in white coats measuring carefully calibrated doses of THC to relieve the pain of terminal cancer patients. Instead, dispensaries with punny names (e.g. "Dank of Oklahoma," "Oklahoma Natural Grass") filled every vacant storefront selling varieties with names that evoke lost weekends and Cheech and Chong albums, rather than pharmaceutical precision: "Maui Wowie," "Acapulco Gold," "Bad Parent," "Gary Satan," "Kingpin Kush OG," and "Terdz," which reportedly smells of "sweet diesel, fruit, and candy." According to an LA Times video report, Oklahoma has 2,301 dispensaries compared to 913 in California, and nearly as many licensed cultivators as the Golden State -- 8,014 in Oklahoma and 8,757 in California.

What SQ 788 made bad, SQ 820 would make worse. Among other provisions, SQ 820 would forbid taking marijuana use into consideration in child custody decisions. This goes beyond removing criminal sanctions for low-level use and treats the use of a mind-altering drug as inconsequential.

Unlike most state questions, SQ 820 is not a constitutional amendment. If approved by a majority of voters statewide, a new piece of legislation, 16 pages in length, will be enacted into law, adding Sections 431 through 446 to Title 63, Public Health & Safety, the same as if the legislature had passed a bill. The actual legislation is contained in pages 3-18 of the PDF for State Question 820 on the Oklahoma Secretary of State website. (The PDF also includes legal challenges concerning the validity of the proposal, petition tallies, and the legal battle over the summary that will appear on the ballot.) Because SQ 820 is statutory, the legislature could subsequently amend the law contained in this state question, but political considerations would deter a legislator from making changes to a question approved by a majority of voters in his own district.

Eighteen Oklahoma state questions legalizing marijuana in some form have been filed with the Secretary of State, beginning with SQ 501 in 1973, a single-page proposition that would have removed all "civil or criminal penalties for the use, possession, cultivation, distribution, or possession with intent to distribute, of marihuana by persons eighteen years of age or older." Distributing to a minor would have been a misdemeanor with a maximum fine of $100. The petition failed for an insufficient number of signatures, and that was the last attempt for until SQ 768 in 2014, a medical marijuana proposal which garnered less than half the signatures required. Of the 18 proposed state questions, six were withdrawn by their proponents, five failed to garner sufficient signatures, four were abandoned (no signatures ever filed), one (SQ 813) was stricken from the ballot by the Oklahoma Supreme Court in 2020 for lack of an accurate and sufficient gist to advise petition signers of the full scope of the proposed constitutional amendment; the remaining two are SQ 788 and SQ 820, both statutory proposals. The proponents of SQ 820 also proposed SQ 821 as a backup if the State Supreme Court had held that SQ 820 violated the single-subject requirement of the Oklahoma Constitution.

Yes on 820 - Oklahomans for Sensible Marijuana Laws raised $3,229,547.76 as of December 31, 2022, the last date they had to file a full contributions and expenditures report. They have spent $4,183,920.28 as of Friday, February 24, 2003. Major individual pro-pot contributors include Stacy Schusterman ($250,000), Harold Hamm's ex-wife Sue Ann Arnall ($100,000), and George Krumme ($25,000). The Charles & Lynn Schusterman Family Philanthropies gave $50,000, and the United Food & Commercial Workers International Union donated $30,000.

Most of the financial support for the "vote yes" cause has come from out-of-state leftist organizations. The Just Trust for Action of Asheville, NC, which is targeting Oklahoma for "criminal justice reform" (aka releasing dangerous criminals from prison) has contributed $1,171,400.00. The New Approach Advocacy Fund of Washington DC has contributed $750,319.95 some of which was in-kind "campaign advising." The ACLU has donated $570,476.00, including "staff time." Drug Policy Action of New York City gave $218,000.01.

It is disappointing to see the Oklahoma Council of Public Affairs on the list of Just Trust for Action grant recipients, along with the ACLU of Oklahoma, the Terence Crutcher Foundation, the leftist Oklahoma Policy Institute, and the Catholic Conference of Oklahoma. OCPA is conservative on most issues but has been outspoken in support of "criminal justice reform" measures that have turned criminals loose to continue to prey on law-abiding Oklahomans. While OCPA published an critical article by Mike Brake on the impact of medical marijuana in 2021, I was unable to find any commentary on ocpathink.org regarding SQ 820.

Protect Our Kids No 820, chaired by former Oklahoma Governor Frank Keating, has spent $158,150.00 as of Friday. They have not yet been required to file a full campaign and expenditures report, which is due on a quarterly basis.

Organizational opponents of SQ 820 include the Oklahoma Farm Bureau, the Oklahoma Sheriff's Association, the Oklahoma State Chamber, and the Oklahoma Cattlemen's Association. The Farm Bureau's press release cites "the effects the marijuana industry has on rural Oklahoma, including placing significant strain on rural utility providers and making common land management practices like herbicide application a greater challenge." The State Chamber states:

Oklahoma passed SQ 788 in 2018, making medical marijuana legal, but it failed to create a regulatory system needed for a true medical marijuana program. SQ 820 also lacks a sufficient regulatory scheme and implementation plan, both of which are essential for introducing recreational marijuana into the state.

SQ 820 adversely affects the state in a variety of ways, including its impact on children, workforce reliability and limited regulatory environment, as well as law enforcement concerns.

"Oklahoma is still trying to sort out the aftereffects of our hastily approved medical marijuana program. To this day, our state is suffering from serious regulatory and enforcement issues," said Chad Warmington, president and CEO of The State Chamber. "SQ 820 has many unforeseen consequences that will no doubt add to the overall marijuana crisis in Oklahoma. Approving SQ 820 makes the situation worse without solving the problems that persist. We encourage Oklahomans to say 'No' to SQ 820."

Even some pro-cannabis forces are opposed to SQ 820. Jed Green, director of Oklahomans for Responsible Cannabis Action, and proponent of two proposals that failed to reach the ballot, filed petitions with the Oklahoma Supreme Court challenging the legal sufficiency and constitutionallity of SQ 820. A Reddit post raises concerns that SQ 820 will drive mom-and-pop dispensaries and growers out of business, in favor of big corporate growers and retailers.

MORE:

Oklahomans for Responsible Cannabis Action, a pro-pot group that has not endorsed SQ 820, has a matter-of-fact SQ 820 FAQ sheet.

Parents Opposed to Pot: Bursting the Bubble of Marijuana Hype (poppot.org) is a cornucopia of information on the medical and social damage done by marijuana use. This article on the upcoming Oklahoma vote reports on 10 marijuana-related deaths last year -- 6 due to a teen driver who tested positive for cannabis, 4 involving a farm operated by Chinese nationals under an illegally obtained grow license.

Tulsa constitutional attorney Leah Farish has done two interviews on marijuana, health, and the law on her Conversation Balloons podcast:

• Ken Finn, MD, a board-certified pain management physician in Colorado
• Jordan Davidson, a former teen marijuana addict who now, at age 22, works for Smart Approaches to Marijuana, which opposes legalization but advocates for treatment, rather than incarceration, for low-level users.

League of Women Voters forum on SQ 820 features Tulsa County District Attorney Steve Kunzweiler and Tulsa Health Department director Bruce Dart speaking in opposition to the proposal and speaking of the dangers in terms of public health and law enforcement. Paid proponent Michelle Tilley's rebuttal avoided the issues raised by Kunzweiler and Dart with vague claims of "scare tactics" and by saying that the legislature could fix problems later. We are still trying to fix problems caused by SQ 788. While there is value in the initiative and referendum process, as a bypass for a legislature that has lost its way, it is a lousy way to enact complex legislation, which needs the scrutiny that the legislative process can provide.

Marijuana Moment coverage of Oklahoma propositions

Above: 75 years ago today, a newspaper advertisement from the February 27, 1948, Washington Countian of Dewey, Oklahoma, for the movie "Marihuana: The Weed with Its Roots in Hell"

Tuesday, Februrary 14, 2023, is the annual school primary for all Oklahoma public school districts. Polls are open from 7 a.m. to 7 p.m. You can view your sample ballot and find the address of your polling place at the Oklahoma Voter Portal.

At least one school board seat in every district is up for re-election every year, but this year as always few are contested. Up through the 2018 election, any contested school board seat would be on the ballot for the 2nd Tuesday in February, with a runoff on the 1st Tuesday in April if no one won a majority of the vote. Now, the February election is regarded as a primary and the April election as a general, so any race with only two candidates automatically occurs in April, and the April election serves as a runoff for races with three or more candidates where none wins more than 50% of the vote.

Tulsa County has only one school board race on Tuesday's ballot: Owasso Office No. 3. Incumbent Neal Kessler, a 47-year-old registered Republican, is being challenged by Republican Vincent Donaldson, 67, and Democrat Kristy Moon, 41. Donaldson is a retired Tulsa Public School teacher with 21 years of service, 18 of which were in special education, and is now a Realtor. The Tulsa County Republican Party Candidate Committee interviewed and recommended Vincent Donaldson.

Here are their social media and web pages.

Vincent Donaldson: Campaign website, campaign FB page, personal FB profile.
Neal Kessler: Campaign website, campaign FB page, personal FB profile.
Kristy Moon: Campaign FB page.

Owasso schools have been in the news, and not in a good way, several times in the past year, garnering the attention of Libs of TikTok as well as traditional media. In October, Owasso superintendent Margaret Coates banned a student's father from school grounds; the father had confronted his board member after a board meeting over pornographic materials in the school library. A federal judge slapped down the school's ban. During the previous school year, Owasso middle school teacher Tyler Wrynn posted a TikTok video telling his students, "F--- your parents! I'm your parents now!" While Wrynn left Owasso (and wound up at Tulsa Will Rogers High School), Owasso parents reasonably want to know how a self-proclaimed anarchist hostile to parental authority over their middle-school children gets hired by their allegedly conservative district.

Three other Tulsa County districts each have two bond issues on the ballot. School bond issues result in a property tax increase, as the annual debt service for each bond is divided across the district's total assessed property value, resulting in the tax rate increase. The increase in property taxes from a bond issue approval may be offset by a decrease as previous bond issues are paid off, but approving any bond issue will result in higher property taxes than if the bond issue were defeated. Unlike most propositions in Oklahoma, school bond issues must pass by 60% of those voting. The 2017 School Bond Transparency Act, requires school districts to publish details of their proposed and past bond issue expenditures; see below to links for those districts with bond issues on the ballot. Except where noted, Proposition No. 1 is always for "constructing, equipping, repairing and remodeling school buildings, acquiring school furniture, fixtures and equipment and acquiring and improving school sites" (building and equipment) and Proposition No. 2 is for "purchasing transportation equipment."

Jenks Public Schools:

• Jenks 2023 bond transparency act statement
• Proposition No. 1 (building & equipment): $16,255,000
• Proposition No. 2 (transportation equipment): $945,000 for

Skiatook Public Schools:

• Skiatook 2023 bond transparency act statement
• Proposition No. 1 (building & equipment): $13,470,000
• Proposition No. 2 (transportation equipment): $730,000

Union Public Schools:

• Union 2023 bond transparency act statement
• Proposition No. 1 (building & equipment): $146,540,000
• Proposition No. 2 (transportation equipment): $5,460,000

In our neighboring counties, there are contested elections for school board Office No. 3 in Chouteau-Mazie, Claremore, and Wagoner, and school bond issue propositions (links go to the Bond Transparency Act notice for each district). Prop 1 is for buildings & equipment, Prop 2 for transportation equipment unless otherwise noted.

• Bartlesville: Prop 1, $37,400,000; Prop 2, $600,000.
• Catoosa: Prop for buildings & equipment, $9,000,000 to cover elementary school cost overruns
• Coweta: Prop for buildings & equipment, $50,200,000
• Fort Gibson: Prop 1, $6,400,000; Prop 2, $600,000.
• Inola: Prop 1, $2,075,000; Prop 2, $510,000.
• Olive: Prop 1, $830,000; Prop 2, $285,000.
• Osage Hills: Prop 1, $195,100; Prop 2, $100,000.
• Sequoyah (Rogers Co.): Prop 1, $18,385,000; Prop 2, $400,000.
• Woodland (Osage Co.): Proposition (transportation equipment) $460,000.

Some municipalities also have elections. Broken Arrow has a 25-year electric franchise vote on the ballot for Public Service Company of Oklahoma. Bristow has a mayor's race, and there is one city council race each in Okmulgee and Pawhuska.

MORE: A couple of images from a promotional flyer for Sequoyah's bond issue illustrate the ugliness that modern school governance and finance produces. Here is the Rogers County Model School (later Sequoyah School), 1914-1915, a dignified two-story brick schoolhouse:

And here is "the vision of the future" -- a massive, mostly empty parking lot surrounded by metal buildings with a bit of decorative brickwork:

UPDATE: An election day morning email from the Tulsa County Republican Party adds some perspective:

Happy Valentine's Day

Nothing says, "I LOVE YOU" quite like higher taxes and fees

In select areas of Tulsa County there are elections today. On the day when we should be thinking of flowers and chocolates and romantic dinners, we must take a brief moment out of our time and VOTE!

School bonds affect your property taxes. I'm sure they are telling you that your property tax won't increase if you pass their Bond Package, but what they fail to tell you is that if the bond FAILS, your property taxes WILL go down.

Fun fact:

One of the reasons the schools fight so hard to keep our School Board and bond package elections when you least expect an election (like Valentine's Day) is because of low voter turnout which gives them the advantage on getting the bond passed or their candidate elected.

City of Broken Arrow Residents ONLY Special PSO Utility Franchise Election

This is to vote on the 25-year renewal - PSO currently pays the City of Broken Arrow a 2% franchise fee on gross receipts that goes into the general fund. Under the new agreement, an additional 1% fee is to be used for improvements like street lighting, underground utilities, etc.

Going from 2% to 3% is a 50% increase on the fees we pay as consumers. You don't think PSO is absorbing the cost of the increase now do you?

Because this is a "fee" (fancy word for tax), it only requires a simple majority vote.