Senate President Pro Tem Lonnie Paxton said a convention is too consequential to pursue without consulting lawmakers and blamed a House-Senate dispute for the failure of this year’s legislative proposal.
OKLAHOMA CITY — Senate President Pro Tem Lonnie Paxton criticized Gov. Kevin Stitt on Wednesday for ordering a statewide vote on whether Oklahoma should call a constitutional convention without first consulting legislative leaders.
“It is disappointing the governor would issue an executive order of this magnitude without first having a conversation with legislative leadership,” Paxton said in a statement.
Stitt issued a proclamation scheduling State Question 848 for April 6, 2027, the date of Oklahoma’s regular school-board general elections. He also created a commission to study how a convention would operate and recommend rules and safeguards.
Paxton said the Senate was willing to advance legislation on the issue during this year’s session, but lawmakers could not agree on how delegates would be divided between the two chambers.
“The House insisted on language that would have given the House more than twice as many delegates as the Senate,” Paxton said. “That was not an acceptable arrangement, and the Senate could not support it.”
House Joint Resolution 1089 passed the House 72-23 in March but stalled after it reached the Senate Rules Committee. The measure would have made all 101 state representatives and 48 state senators delegates to the convention.
“The Senate has always been willing to have a serious discussion about this issue, but a constitutional convention is far too consequential to be handled unilaterally or without meaningful consultation with the Legislature,” Paxton said.
He said his staff will review the governor’s order and its implications before deciding how the Senate should respond.
Hilbert’s office did not immediately reply to a request for comment.
What the vote would do
Stitt’s proposed ballot question reads:
“Shall the Legislature call a Constitutional Convention which shall be authorized to propose alterations, revisions, or amendments to the Constitution, or to propose a new Constitution for the State of Oklahoma?”
A favorable vote would not immediately change the Oklahoma Constitution. The Legislature would still have to establish the convention’s membership, procedures and other rules. Any changes proposed by a convention also would have to be approved by Oklahoma voters before taking effect.
Article 24 of the Oklahoma Constitution says voters must be asked at least once every 20 years whether the Legislature should call a convention. The question was last placed on the ballot in 1970.
“The Oklahoma Constitution is clear. At least every 20 years, Oklahomans have the right to decide whether it’s time to call a constitutional convention,” Stitt said in a statement. “It’s been 56 years since the question was sent to the people.”
Oklahoma voters overwhelmingly rejected the proposal the last time it appeared. The 1970 question failed with about 76% opposed and 24% in favor, according to State Election Board records.
That proposal reached the ballot through legislative action. Stitt is using an executive proclamation to schedule the upcoming vote, citing his authority under Article 6 of the Constitution and the convention provision in Article 24. The proclamation says he is acting “to the fullest extent permitted by law.”
Paxton’s statement did not directly address whether he believes the governor has the legal authority to place the question on the ballot without a legislative referral.
Commission would recommend rules
Stitt’s proclamation does not establish who would serve as delegates or how a convention would operate.
A companion executive order creates the Oklahoma Constitutional Convention Commission to study the state Constitution, examine how other states have handled conventions and recommend procedures, safeguards and proposed legislation.
The nine-member commission would include five members appointed by the governor, two by the House speaker and two by the Senate president pro tempore. Its report is due by Dec. 31.
Paxton did not say whether he would make the two Senate appointments.
Oklahoma’s only full constitutional convention assembled in 1906 and 1907 to write the governing document adopted at statehood. Voters subsequently rejected proposals to call another convention in 1926, 1950 and 1970.
In 1994, voters narrowly rejected a proposed constitutional amendment that would have eliminated the requirement to periodically submit the convention question. That proposal received 48% of the vote, with 52% opposed.
