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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE JOINT
RESOLUTION 1075 By: Dollens
AS INTRODUCED
An Act directing the Secretary of State to refer to
the people for their approval or rejection a proposed
amendment to the Constitution of the State of
Oklahoma by adding a new Section 49 to Article IX;
establishing artificial persons only have powers and
privileges expressly provided in the Oklahoma
Constitution; permitting the Legislature to create
artificial persons by statute; clarifying the intent
of the people of Oklahoma; providing definitions;
revoking previously granted powers; providing that no
provision of the Oklahoma Constitution grants
artificial persons authority to engage in election or
initiative petition activity; granting safe harbor
for certain legal obligations; granting selective
powers to artificial persons; declaring that
unauthorized conduct will result in forfeiture of
charter privileges as well as other legal action;
providing for severability; providing ballot title;
and directing filing.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES AND THE SENATE
OF THE 2ND SESSION OF THE 60TH OKLAHOMA LEGISLATURE:
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SECTION 1. The Secretary of State shall refer to the people for
their approval or rejection, as and in the manner provided by law,
the following proposed amendment to the Constitution of the State of
Oklahoma by adding a new Section 49 to Article IX thereof, to read
as follows:
A. Artificial persons exist only by grant of the state and
shall have no powers or privileges except those this Constitution
expressly provides.
B. 1. The Legislature may by statute create artificial persons
consistent with subsection A of this section; and
2. The people of Oklahoma have never, and do not, intend the
powers of artificial persons to include election activity or
initiative petition activity. This section retracts all artificial
persons' powers and re-grants only those powers that the people deem
necessary or convenient to carry out an artificial person's lawful
business or charitable purposes, as described in paragraph 4 of
subsection C of this section. Powers related to election activity
or initiative petition activity shall not be deemed necessary or
convenient to those purposes.
C. Definitions.
1. "Artificial person" means every entity whose existence or
limited-liability shield is conferred by Oklahoma law, including,
without limitation:
a. business corporations,
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b. nonprofit corporations (public-benefit, mutual-
benefit, religious),
c. limited-liability companies,
d. unincorporated associations, limited-liability
partnerships, statutory trusts, professional
corporations, cooperatives, and any successor form,
and
e. foreign entities that are authorized to transact
business, are otherwise transacting business, or hold
property in Oklahoma. Any foreign entity that
directly or indirectly undertakes, finances, or
directs election activity or initiative petition
activity in the State of Oklahoma is conclusively
deemed to be transacting business in this state;
2. "Election activity" means paying, contributing, or expending
money or anything of value to support or oppose a candidate,
political party, or political committee. Election activity does not
include any bona fide news story, commentary, or editorial
distributed through the facilities of any broadcasting station, or
of any print, online, or digital newspaper, magazine, blog, or other
periodical publication, unless such broadcasting, print, online, or
digital facilities are owned or controlled by a political party,
political committee, or candidate;
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3. "Initiative petition activity" means paying, contributing, or
expending money or anything of value to support or oppose a ballot
question or initiative. Initiative petition activity does not
include any bona fide news story, commentary, or editorial
distributed through the facilities of any broadcasting station, or
of any print, online, or digital newspaper, magazine, blog, or other
periodical publication, unless such broadcasting, print, online, or
digital facilities are owned or controlled by a political party,
political committee, or candidate;
4. "Artificial person powers" means powers necessary or
convenient to carry out lawful business or charitable purposes,
excluding any power to directly or indirectly engage in election
activity or initiative petition activity;
5. "Charter privilege" means any benefit to artificial persons
that exists only because the State of Oklahoma confers it, such as,
without limitation, limited liability, perpetual duration,
succession in its corporate name, and tax credits and abatements;
and
6. "Foreign entity" means an artificial person organized or
existing under the laws of any jurisdiction other than the State of
Oklahoma.
D. Total revocation of previous power grants.
1. The creation and continued existence of an artificial person
is not a right but a conditional grant of legal status by the state
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and remains subject to complete withdrawal at any time. All powers
previously granted to any artificial person under Oklahoma law are
revoked in their entirety. No artificial person operating under the
jurisdiction of this state shall possess any power unless
specifically granted by this Constitution. No provision of this
Constitution grants or recognizes any power of an artificial person
to engage in election activity or initiative petition activity,
except as provided in paragraph 3 of subsection E of this section;
and
2. Transitional Safe Harbor. Nothing in paragraph 1 of
subsection D of this section shall be construed to invalidate,
impair, or modify any existing contract, debt instrument, security,
or other legal obligation validly entered into before the effective
date of this act; provided, however, that nothing herein authorizes
any election activity or ballot issue activity after the effective
date. Nothing in paragraph 1 of subsection D of this section shall
be construed to impair the continued existence or legal personhood
of any artificial person, or to affect any artificial person's power
to take any action necessary to wind up and liquidate its business
and affairs.
E. Selective re-grant of artificial person powers.
1. Each artificial person possesses the powers defined in
paragraph 4 of subsection C of this section, unless its
organizational documents limit the exercise of such powers, and no
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powers beyond those expressly granted. No provision of this
Constitution grants or recognizes any power of an artificial person
to engage in election activity or initiative petition activity,
except as provided in paragraph 3 of this subsection. The re-grant
of powers under this subsection shall take legal effect
simultaneously with the revocation under paragraph 1 of subsection D
of this section;
2. Any language in articles of incorporation, organization,
association, or other organizational documents purporting to
directly or indirectly confer election activity authority or
initiative petition activity authority to artificial persons is
void;
3. Political committees registered under Oklahoma or federal
law are entities created for the purpose of engaging in election
activity and initiative petition activity. Such committees may be
granted the power to engage in those activities provided that they
exist solely for that purpose and claim no charter privilege other
than limited liability. This Constitution does not grant any other
artificial person the power to engage in election activity or
initiative petition activity; and
4. No charter privilege shall be construed to authorize
election activity or initiative petition activity. An artificial
person that exercises election activity authority or initiative
petition activity authority, unless expressly permitted to do so
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under paragraph 3 of this subsection, initially forfeits all charter
privileges as a matter of law. The Legislature shall, during its
first regular session following the effective date of this act,
enact procedures that allow reinstatement upon full disgorgement,
certification of compliance, and payment of civil penalties.
F. Ultra vires actions.
Any election activity or initiative petition activity conducted
by an artificial person is ultra vires and void. Such conduct
results in the forfeiture of charter privileges as provided in
paragraph 4 of subsection E of this section and shall also be
subject to civil action by a member, shareholder, or the Attorney
General for injunctive relief, disgorgement, and confirmation or
enforcement of the forfeiture. The Legislature shall, during its
first regular session following the effective date of this act,
enact procedures for such civil actions.
G. Severability.
If any provision of this act, or its application to any person
or circumstance, is held invalid, the remaining provisions and
applications that are severable shall remain in effect. In such
event, no prior grant of corporate powers shall be revived or
reinstated, nor shall any court construe this act to authorize
broader powers than are expressly conferred in this act.
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SECTION 2. The Ballot Title for the proposed Constitutional
amendment as set forth in SECTION 1 of this resolution shall be in
the following form:
BALLOT TITLE
Legislative Referendum No. ____ State Question No. ____
THE GIST OF THE PROPOSITION IS AS FOLLOWS:
This measure amends the Oklahoma Constitution by creating a new
Section 49 in Article 9. The measure redefines the power of
artificial persons, including corporations. It defines their
powers as only those the Constitution expressly grants and
provides that artificial persons have no power to spend money or
anything of value on elections or state questions. It affirms
that the people of Oklahoma never intended for artificial
persons to have the power to spend on elections or state
questions. The measure provides that actions beyond those
expressly granted powers are void. The measure permits
political committees to be granted the power to spend on
elections and state questions. It allows enforcement through
forfeiture of state-conferred privileges. The measure includes
a clause that ensures that valid portions of the measure remain
effective even if other parts are invalidated.
SHALL THE PROPOSAL BE APPROVED?
FOR THE PROPOSAL — YES _____________
AGAINST THE PROPOSAL — NO _____________
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SECTION 3. The Chief Clerk of the House of Representatives,
immediately after the passage of this act, shall prepare and file
one copy thereof, including the Ballot Title set forth in SECTION 2
hereof, with the Secretary of State and one copy with the Attorney
General.
60-2-14217 MJ 12/07/25