House Joint Resolution 1089 by House Speaker Kyle Hilbert, R-Bristow, would give voters the chance to approve a constitutional convention meant to modernize and reform the Oklahoma Constitution by May 2028.
Hilbert says the current constitution mandates lawmakers to offer such an opportunity every 20 years. But besides a failed attempt in the 1970s, it hasn’t happened since statehood.
“The state question is very simple: Should there be a constitutional convention?” Hilbert said. “If the people of Oklahoma say, yes… then 2027 is very different from 1906 when the last Constitutional Convention met.”
And unlike 120 years ago, the delegates drafting the new or revised constitution would be composed entirely of actively serving lawmakers, instead of an even split between lawmakers and representatives of the state’s tribal nations.
At the time it was ratified in 1907, Oklahoma's constitution was the longest governing document in the nation.
“Now we have a representative republic here in Oklahoma that is already set up, where you have 101 House members, 48 senators representing equal people,” he said. “So instead of reinventing the wheel and having duplicative services in government, we already have a representative republic set up. Let's utilize what we already have.”
The proposed makeup of delegates is raising concerns of Republican dominance and a lack of tribal representation in the process.
Hilbert says Indigenous Oklahomans would be represented by the lawmakers they voted for in their districts. As for the Republican majority having near-absolute control, he said it’s just the will of the voters.
“If Democrats want more seats at the table, they need to win elections,” Hilbert said.
The 1906 delegation of 112 members was also composed mostly of one party: Democrats, known as the “ninety-nine.” There were a dozen Republicans dubbed “the 12 apostles” and one independent called “the renegade.”
Senate Pro Temp Lonnie Paxton, R-Tuttle, has signed on to the measure because it is constitutionally mandated that lawmakers file it. But he said the details of who will be part of the delegation are still being worked out.
“It's more in the conceptual phase right now,” Paxton said. “But the point is, if we actually move forward with this, we would like for the legislature… you know, the elected representatives of the people, up here to be the ones that decide how that works.”
He said the process of changing the constitution would ultimately be carried out in phases, starting with a State Question — likely on the November ballot this year — that, if approved by a majority of voters, would form a commission of top elected officials to lead the convention starting Jan. 5, 2027.
Those officials are the governor, the chief justice of the Supreme Court, the House Speaker, the Senate Pro Tempore or an appointee of their choice.
Over the course of 15 months, the legislative delegation would solicit public opinion and work on tweaking the constitution. The convention would end on May 28, 2028, along with that year’s legislative session.
And while the prospects sound daunting, Paxton said it’s unlikely the old version, which lawmakers would use as a starting draft, would be completely scrapped. He mentioned Alabama as a state with recent success in the endeavor.
“What they primarily did was just go in and take out a bunch of old racist type of comments and provisions in the state constitution,” he said. “And I think it passed overwhelmingly.”
Alabama's 2022 constitution, ratified by 76% of that state’s voters, is its seventh in state history and the most recently updated one in the U.S.
Paxton said the idea was initially raised by Gov. Kevin Stitt in November last year, and that lawmakers have been discussing it since. Stitt’s office confirmed that in a statement.
“Letting Oklahomans vote on whether to hold a constitutional convention is supposed to be a regular occurrence,” a spokesperson for his office said in a text message. “Governor Kevin Stitt has long been an advocate for fresh eyes on all parts of government. He’s glad the legislature is taking this seriously and urges the Senate to take up Speaker Hilbert’s resolution.”
House and Senate Democrats in Oklahoma are wary of such a sweeping reform to the state’s laws.
Senate Minority Leader Julia Kirt, D-Oklahoma City, said she thinks it’s a dangerous move for lawmakers to make right now.
“I mean, you have to have a thoughtful plan,” she said. “You have to truly include people. You know, you look at that history there. I mean, I would be very nervous we’re not going to do it well.”
