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ENGR. H. J. R. NO. 1089 Page 1
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ENGROSSED HOUSE
JOINT
RESOLUTION NO. 1089 By: Hilbert, Crosswhite Hader,
Fetgatter, and Sneed of the
House
and
Paxton of the Senate
A Joint Resolution calling a Constitutional
Convention to alter, revise, or amend the present
Constitution of the State of Oklahoma or to propose a
new Constitution; fixing the time and place thereof;
providing for selection of delegates to the
Convention; providing requirements and restrictions
for eligibility; creating a Constitutional Convention
Commission; stating purpose; providing for
composition; providing for election of officers and
organization of the Constitutional Convention;
providing oath of office; providing for recall and
penalty for violation of oath; providing for
employment of staff; providing for rules of
procedure; providing for working draft to be
considered by the Constitutional Convention;
providing voting requirements for certain actions;
providing for compensation of delegates; providing
for payment of expenses of the Convention; providing
for submission of constitutional changes to the
voters of the state; providing for submission of this
joint resolution to a vote of the people; providing
ballot title; and directing filing.
WHEREAS, Section 2 of Article XXIV of the Oklahoma Constitution
requires that a proposal to hold a Constitutional Convention shall
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be submitted to a vote of the people at least once every twenty (20)
years; and
WHEREAS, the last proposal providing for a Constitutional
Convention was submitted to a vote of the people March 17, 1970; and
WHEREAS, a State Question to eliminate the requirement that a
Constitutional Convention proposal be submitted to the people every
twenty (20) years was defeated at the General Election held November
8, 1994; and
WHEREAS, the original Constitutional Convention was comprised of
112 members, with 55 delegates from Indian Territory, 55 delegates
from Oklahoma Territory, and two members from Osage tribal land; and
WHEREAS, it is incumbent upon the Legislature to enact a law
providing for a Constitutional Convention and to submit said law to
a vote of the people; and
WHEREAS, in accordance with court decisions and Attorney General
opinions, it is necessary that said law provide the organization of
the Convention and the procedure to be followed by the Convention
and that said law be signed by the Governor.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES
AND THE SENATE OF THE 2ND SESSION OF THE 60TH OKLAHOMA LEGISLATURE:
SECTION 1. There is hereby called a Constitutional Convention
for the purpose of altering, revising, or amending the current
Constitution, or to propose a new Constitution for the State of
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Oklahoma, to be submitted to the people for their approval or
rejection.
SECTION 2. The Constitutional Convention shall convene on
Monday, January 5, 2027, not later than 5:00 p.m., in Oklahoma City
at the State Capitol.
SECTION 3. A. Delegates to the Convention shall be those
persons elected to and constituting the Oklahoma House of
Representatives and those members elected to and constituting the
Oklahoma State Senate.
B. No member of Congress from this state or person holding any
other federal office shall be eligible to be a delegate.
C. There is hereby created a Constitutional Convention
Commission. The Constitutional Convention Commission shall be
composed of the Governor or a designee, the Chief Justice of the
Supreme Court or a designee, the Speaker of the House of
Representatives or a designee, the President Pro Tempore of the
Senate or a designee, a member of the House of Representatives
appointed by the Speaker of the House of Representatives, and a
member of the Senate appointed by the President Pro Tempore of the
Senate. The members appointed by the Speaker of the House of
Representatives and the President Pro Tempore of the Senate shall
serve as cochairs of the Commission. The Commission shall conduct
public hearings prior to the delegate selection process to gather
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input from the public for issues to be addressed by the
Constitutional Convention.
SECTION 4. A. The Secretary of State shall call the
Constitutional Convention to order and preside until one of the
delegates is chosen President of the Constitutional Convention by
vote of the Convention.
B. Prior to the selection of a President, the delegates shall
take the following oath to support the Constitution of the United
States and to faithfully discharge their duties as delegates:
"I do solemnly swear or affirm that to the best of my abilities,
I will, as a delegate to the State Constitutional Convention, uphold
the Constitution and laws of the United States of America and the
State of Oklahoma. I will not vote to allow consideration of or to
approve any unauthorized amendment proposed for ratification to the
Oklahoma Constitution."
Any delegate who violates the oath contained in this subsection,
shall be recalled and replaced by the appointing authority and, upon
conviction, shall be guilty of a misdemeanor.
C. The Convention may employ staff necessary to assist the
delegates in performing their duties.
D. After choosing a President, the Convention shall organize
itself and select such other officers as it deems necessary.
E. The Convention may establish rules for the Convention. Any
parliamentary question not provided for by the Oklahoma Constitution
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or the rules of the Constitutional Convention shall be governed by
Mason’s Manual of Legislative Procedure.
F. A simple majority of the delegates shall constitute a quorum
to transact business. A simple majority of the delegates shall be
necessary for the adoption of any measure.
G. The original Constitution and all amendments added by the
initiative petition process or the legislative referendum process
which are in effect not later than May 28, 2028, shall be the
working draft for consideration by the Constitutional Convention.
No article of the Constitution shall be reviewed by the Convention
for possible alterations, revisions, or amendments, unless the
motion to do so receives the approval of two-thirds (2/3) of the
delegates. Thereafter, any proposed alteration, revision, or
amendment to an article shall require a simple majority for
adoption. To reverse any previous action taken by the Convention
pertaining to an alteration, revision or amendment, two-thirds (2/3)
of the delegates must approve the motion.
SECTION 5. The Constitutional Convention shall adjourn sine die
no later than Friday, May 28, 2028, at 5:00 p.m.
SECTION 6. The delegates to the Constitutional Convention shall
receive no compensation but shall receive reimbursement for mileage
and per diem as provided in the State Travel Reimbursement Act for
the time that the Constitutional Convention is in session up to a
maximum of ninety (90) legislative days.
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SECTION 7. All expenses incurred by the Constitutional
Convention acting within the scope of authority as provided for in
this resolution and all expenses of holding the election for
adoption or rejection of any alteration, revision, or amendment of
the current Constitution or proposed new Constitution shall be paid
for by the state; and it is made the express duty of the Legislature
to provide for payment of the expenses.
SECTION 8. The delegates shall be subject to all rules and
regulations promulgated by the Ethics Commission and all state and
federal laws to which legislators are subject.
SECTION 9. Any alteration, revision, or amendment of the
current Constitution or new Constitution proposed by the
Constitutional Convention shall be submitted to the electors of the
state for adoption or rejection at the General Election to be held
in November 2028.
SECTION 10. After approval by the Governor, this resolution
shall be submitted to the people by the Secretary of State for their
approval or rejection at the next General Election.
SECTION 11. The Ballot Title for the proposed question to be
put before the people as provided herein shall be in the following
form:
BALLOT TITLE
Legislative Referendum No. ____ State Question No. ____
THE GIST OF THE PROPOSITION IS AS FOLLOWS:
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This measure calls a state Constitutional Convention. It would
begin on January 5, 2027. It would end by May 28, 2028. It
would review the State Constitution. It could alter, amend, or
revise the Constitution. It could propose a new State
Constitution. There would be 149 delegates. All of the
delegates would be members of the State Legislature. Delegates
would be paid for travel expenses for each day that the
Convention meets. Payment is limited. Delegates can be paid
for no more than ninety (90) legislative days. Any change in
the Constitution or new Constitution must be presented for
approval to state voters. This would happen at the General
Election in November 2028.
SHALL THE PROPOSAL BE APPROVED?
FOR THE PROPOSAL — YES _____________
AGAINST THE PROPOSAL — NO _____________
SECTION 12. The Chief Clerk of the House of Representatives,
immediately after the passage of this resolution, shall prepare and
file one copy thereof, including the Ballot Title set forth in
SECTION 11 hereof, with the Governor, one copy with the Secretary of
State and one copy with the Attorney General.
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Passed the House of Representatives the 26th day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2026.
Presiding Officer of the Senate