You Decide 2020: State Questions 805 and 814 rejected by Oklahoma voters

TULSA, Okla. — Oklahomans voted on two State Questions in Tuesday’s election.

State Question 805 and State Question 814 were on the ballot and would have make changes to the state’s Constitution if approved.

Both proposals were rejected by Oklahoma voters.

Find election results here.

Original Story:

State Question 805

State Question 805, if passed by Oklahomans on Nov. 3, would amend the Oklahoma State Constitution to prohibit a judge from considering a defendant’s previous non-violent felony crimes when sentencing them for the crime they were just recently convicted of.

Those already incarcerated after being sentenced with those considerations would get the opportunity to seek a modified sentence in court.

“This measure seeks to add a new Article II-A to the Oklahoma Constitution. This new Article excepts and does not apply to persons who have ever been convicted of a violent felony. It would prohibit the use of a former felony conviction to increase the statutorily allowable base range of punishment for a person subsequently convicted of a felony. Individuals who are currently incarcerated for felony sentences that were enhanced based on one or more former felony convictions, and whose sentences are greater than the maximum sentence that may currently be imposed for such felonies, may seek sentence modification in court. The new Article sets forth a detailed process for such sentence modification, including but not limited to requirements for a hearing, appointment of counsel for indigent petitioners, and notification of victims, and requires that the court impose a modified sentence no greater than the current maximum sentence which may be imposed on a person convicted of the same felony with no former felony convictions, and which results in no greater time served in prison than under the original sentence. It establishes an appeal procedure, provides an effective date, and contains a severability clause.”

—  Oklahoma State Election Board

RELATED >>> Tulsa County Sheriff disputes law enforcement endorsement of State Question 805

A vote “Yes” would be in favor of the measure, a vote “No” would be against the measure.

State Question 814

State Question 814 would redirect the proceeds from state settlements or rulings against tobacco companies.

Instead of the 75 percent of proceeds going to the Tobacco Settlement Endowment Trust Fund -- used for tobacco prevention programs, cancer research and similar programs -- only 25 percent would go to that fund and the remaining 75 percent would go to the Legislative Fund.

“This measure seeks to amend Article 10, Section 40 of the Oklahoma Constitution (Section 40), which directs proceeds from the State’s settlements with or judgments against tobacco companies. Currently, Section 40 directs 75% of proceeds to the Tobacco Settlement Endowment Trust Fund (TSET Fund), where earnings may only be used for tobacco prevention programs, cancer research, and other such programs to maintain or improve the health of Oklahomans. Meanwhile, the remaining 25% of proceeds are directed to a separate fund for the Legislature (Legislative Fund). The Legislature can also direct some of that 25% to the Attorney General. This measure amends Section 40 to reduce the percentage of proceeds that go into the TSET Fund from 75% to 25%. As a result, the remaining 75% will go to the Legislative Fund and the Legislature may continue to direct a portion to the Attorney General. The measure would also restrict the use of the Legislative Fund. Section 40 currently states only that the Legislative Fund is subject to legislative appropriation. If this measure passes, money from the Legislative Fund must be used to get federal matching funds for Oklahoma’s Medicaid Program.”

—  Oklahoma State Election Board

A vote “Yes” would approve the proposal, a vote “No” would be against it.