Stitt announced State Question 848 in a paired executive order and proclamation. He cites parts of the State Constitution justifying his authority to make the move "independent of the legislature."
The question asks voters if they want the legislature to revise, amend or replace the State Constitution. If approved in a special election set for April 6 next year, it would launch a multi-step process culminating in another public vote to approve any changes.
Voters haven't considered a convention since 1970 despite a constitutional mandate that it happen every 20 years.
"The Oklahoma Constitution is clear," Stitt said in a press release. "It's been 56 years since the question was sent to the people. This action puts the question to the people and ensures Oklahomans finally get the opportunity their Constitution guarantees."
But proposing state questions is usually reserved for the public via initiative petitions, or the legislature, by way of legislative referendums. And there is no explicit language in Stitt's citations that actually grants him the power to put one on the ballot by himself.
The House proposed their own ballot initiative for a constitutional convention this year with House Joint Resolution 1089, but it failed in the Senate. In a statement, House Speaker Kyle Hilbert, R-Bristow, pointed to those efforts, saying they were meant to avoid a scenario like the one Stitt has created.
"We are currently out of compliance with the Oklahoma Constitution's clearly written language," Hilbert said. "It is certainly unconventional to place a measure on the ballot in this manner, which is precisely why the House sought to resolve the issue through the legislative process."
In his own statement, Senate Pro Temp Lonnie Paxton, R-Tuttle, said his chamber would've approved the House proposal, if it hadn't read like a power grab by the larger chamber.
"It is disappointing the governor would issue an executive order of this magnitude without first having a conversation with legislative leadership," Paxton said. "The Senate was willing to advance legislation this past session calling for a constitutional convention. However, the House insisted on language that would've given the House more than twice as many delegates as the Senate."
That, he said, was not an acceptable arrangement for his Chamber. Still, what Stitt has set in motion is risky, he said.
"A constitutional convention is far too consequential to be handled unilaterally or without meaningful consultation with the legislature," he said. "My team and I will thoroughly review the governor's executive order and what he is proposing."
He continued, "Once we have a full understanding of its implications, we will determine the appropriate response and next steps."
Stitt also launched a temporary nine member commission, meant to study the history of conventions held by Oklahoma and other states, and, should SQ 848 be approved, the necessary safeguards and proposed legislation needed to implement a convention.
