Some critics said it appears GOP legislative leaders are hoping for different outcomes at the ballot box by ramrodding some of their most controversial plans through in August’s election instead of November’s.
August’s primary runoff election typically has the lowest statewide voter turnout, which critics say makes it ideal for Republicans leaders who could otherwise face an uphill battle to get access to a voter-created multi-billion dollar tobacco settlement fund and who are seeking to roll back voter-approved Medicaid expansion.
“They are doing it because they believe fewer voters means a better chance of controlling the outcome of the election and defeating what Oklahomans actually want,” said Amber England. England served as the campaign manager on a 2020 voter-led initiative which resulted in voters enshrining Medicaid expansion into the state Constitution after years of refusals by lawmakers.
Last week, lawmakers took a series of votes that would allow them to ask voters to revisit Medicaid expansion on Aug. 25.
The House also voted for a separate measure that would allow legislators to raid a voter-created Tobacco Settlement Endowment Trust.
Senate lawmakers, meanwhile, voted to ask voters on Aug. 25 to enshrine into the Constitution an existing state law requiring voters to present identification at the ballot box.
The measures still have to complete the legislative process, but England said it’s the first time in recent history that any state question could potentially appear before voters during a runoff election.
“It’s astonishing to watch these folks find new ways every session to put their thumb on the scale simply because they can’t win a fair fight against the voters they’re supposed to represent,” England said.
Historically, legislative measures have been placed on November’s general election ballot, where voter turnout is the greatest.
Pat McFerron, a pollster and political consultant, said Democrats previously attempted to use election dates to get what they wanted when they were in power.
“I don’t hold anyone at harm for using it to the best of their ability to accomplish the goals they want,” McFerron said.
He said overall turnout is traditionally lowest in August.
“There will be more Republicans and more conservatives voting in those elections,” McFerron said. “I don’t anticipate there being any high profile Democrat runoff elections.”
All Oklahoma voters are allowed to vote on state questions, but those without local or state elections on the primary runoff ballot may have less motivation to go to the polls.
“Generally, people do not turn out to vote because of state questions,” McFerron said.
Proposals for the August ballot
In 2010, voters overwhelmingly passed State Question 746 to put voter identification into state statute after lawmakers put it on the ballot. Last week, the Senate passed Senate Joint Resolution 47 to enshrine it in the state Constitution with an Aug. 25 vote.
“That’s a huge issue for Republican voters,” said Fount Holland, a political consultant.
Senate Pro Tem Lonnie Paxton, R-Tuttle, said voter identification needed to be in the Constitution to make it harder for future legislatures to change it.
Constitutional changes require a vote of the people, while statutory changes can be done by the Legislature or voters.
In the House, members approved an amended version of House Joint Resolution 1076, which did not go through the committee process. It asks voters to revisit the structure and revenue of the Tobacco Settlement Endowment Trust.
If approved, the measure would abolish the board of directors which oversees about $2 billion in public funds and direct some of those revenues away from public health priorities and toward college scholarships.
Voters in 2000 created TSET to invest funds from a lawsuit against tobacco companies and use the earnings for health projects.
Voters deliberately put it in the Constitution to make it more difficult for lawmakers to divert the funds, creating what is called a “lock box.” Voters in prior years rejected two other state questions put on the November ballot by lawmakers that would have made significant changes to the entity.
The House passed House Bill 4440 that would remove Medicaid expansion from the state Constitution and enact it in statute. Republican legislators voted to put it on the Aug. 25 ballot.
The House also approved House Joint Resolution 1067 that would let voters decide if the state should decline to cover the cost of Medicaid expansion if the federal match drops below the current rate of 90%. House Republicans also voted to also put it on the Aug. 25 ballot.
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