No Restrictions on Referendum Process

GRAND RAPIDS, MI. - The Oklahoma Supreme Court today declared Senate Bill 1027 (SB 1027) "unconstitutional and void in its entirety" in a 5-4 vote. The decision, issued in McVay v. Lepak, 2026 OK 81, Case No. 123,179, immediately struck down the law.

SB 1027 would have limited the number of registered voters allowed to sign a statutory initiative petition in certain counties, for example, restricting Harmon County to only 75 signatures from its 1,378 registered voters as of January 1, 2026. Justice Gurich authored the majority opinion, emphasizing that signing a petition indicates a belief a question deserves a statewide vote, not necessarily support for the proposal itself.

The majority found that SB 1027's caps would not achieve rural participation and would burden everyone's rights. They noted that other states with geographic rules for signatures mostly set minimum county thresholds in their constitutions. Vice Chief Justice Kuehn, Justice Kane, and Justice Huber (S.J.) authored dissenting opinions, with Vice Chief Justice Kuehn pointing to voter-facing disclosure of who pays for a petition as a tool the State still has to inform voters. Senate Bill 1027 was enacted with the stated purpose of giving rural Oklahoma a louder voice in the initiative petition process.

Oral arguments for the case took place in November 2025, preceding today's ruling. With the Court's decision, SB 1027 is now unconstitutional and void, meaning its restrictions on initiative petition signatures are no longer in effect.

A petition for rehearing can be filed within ten days of the ruling, with that window closing around November 20, 2026. Lawmakers can also write a new bill, considering the Court's skepticism regarding certain types of rules and its acknowledgment of the Legislature's legitimate interest in informing voters. The opinion notes a separate action, Case No.

Case: McVay v. Lepak, Oklahoma Supreme Court