IN THE SUPREME COURT OF THE

STATE OF OKLAHOMA
OCPA IMPACT, INC.,
AND DAVID BOND,
PETITIONERS,
No. ____________

v.
SHAWN SHEEHAN, LINDA REID, AND
MELVIN MORAN
RESPONDENTS.

PETITIONERS APPENDIX TO APPLICATION

TO ASSUME ORIGINAL JURISDICTION

ROBERT G. MCCAMPBELL, OBA #10390

TRAVIS V. JETT, OBA #30601
-Of the FirmFELLERS SNIDER, P.C.
100 North Broadway Avenue
Suite 1700
Oklahoma City, Oklahoma 73102
TEL (405) 232-0621
FAX (405) 232-9659
RMcCampbell@FellersSnider.com
TJett@FellersSnider.com
June 23, 2016

ATTORNEYS FOR PETITIONERS,

OCPA IMPACT, INC. AND DAVID BOND

INDEX TO PETITIONERS APPENDIX TO APPLICATION

TO ASSUME ORIGINAL JURISDICTION
The following is Petitioners Index to its Appendix, pursuant to Sup. Ct. R. 1.191(d)(3):
Tab

Description and Date (If Any)

Initiative Petition No. 403 (Oct. 21, 2015)

This is the initiative petition that is being challenged by Petitioners
Relevance:
due to its legally insufficient gist and ballot title.
Synopsis:
The initiative petition would add a new Article XIII-C to the
Oklahoma Constitution.

Ballot Title of IP 403 (Oct. 21, 2015)

Relevance:

This is the ballot title for the initiative petition, which fails to
comply with 34 O.S. 9(B).

Synopsis:

The ballot title fails to explain the effect of the proposition and
contains biased language.

Signature Sheet of IP 403 submitted to the Secretary of State (Oct. 21, 2015)
Relevance:

This is the signature sheet that contains the gist that Petitioners
challenge as legally deficient.

Synopsis:

The proponents submitted this signature sheet to the Secretary of

State when filing Initiative Petition 403.

Example of Signature Sheet for IP 403 signed by Registered Voters

Relevance:

This shows that the registered voters who signed Initiative Petition
403 signed signature sheets with an insufficient gist.

Synopsis:

This is an example of this signature sheets signed by registered

voters for Initiative Petition 403.

Letter from the Secretary of State to Proponents regarding Circulation Period

(Feb. 2, 2016)
Relevance:

This letter shows that the proponents began circulating the petition
to collect signatures on February 16, 2016.

Synopsis:

The Secretary of State wrote a letter to the proponents on February

2, 2016 regarding the circulation of the initiative petition.

Redline comparing Proponents Proposed Ballot Title with the Gist

Relevance:

This redline comparison shows that the gist located on the signature
2

sheets is nearly identical to the ballot title submitted by the

proponents.
Synopsis:
G

This redline compares the proponents ballot title with the gist.

Letter from Secretary of State to Proponents regarding Receipt of Pamphlets

(Apr. 21, 2016)
Relevance:

This letter shows the proponents filed signatures with the Secretary
of State on April 21, 2006.

Synopsis:

The Secretary of State wrote the proponents to acknowledge his

receipt of the pamphlets submitted by the proponents.

Letter from Secretary of State to Attorney General regarding the Ballot Title
(April 22, 2016)
Relevance:

This shows that the Secretary of State submitted the proponents

proposed ballot title to the Attorney General for review as to legal
correctness.

Synopsis:

The Secretary of State filed a copy of the proponents proposed

ballot title to the Attorney General for review regarding legal
correctness as directed by Title 34.

Letter from the Attorney General to Secretary of State regarding the Ballot
Title (April 29, 2016)
Relevance:

This letter shows the Attorney General found that proponents

proposed ballot title did not comply with the law and submitted an
alternate ballot title.

Synopsis:

The Attorney General notified the Secretary of State that the

proposed ballot title did not comply with Title 34.

Notice regarding State Question Number 779, Initiative Petition Number 403
(June 9, 2016)
Relevance:

This shows that the Secretary of State published notice that citizens
could challenge the ballot title of Initiative Petition 403.

Synopsis:

The Secretary of State published notice of ballot title as rewritten

by the Attorney General, which advised citizens that they could
challenge this ballot title.

Redline comparing the Proponents Proposed Ballot Title with the Attorney
Generals Preliminary Ballot Title
Relevance:

The redline shows the Attorney Generals revisions to the

proponents proposed ballot title, which is nearly identical to the
3

gist.
Synopsis:

This redline compares the proponents proposed ballot title with the
Attorney Generals Preliminary Ballot Title.

OCPA Impacts Substitute Ballot Title

Relevance:

This is Petitioners substitute ballot title, which is required by 34

Okla. Stat. 10(A) and Okla. Sup. Ct. R. 1.161(e).

Synopsis:

OCPA Impacts Substitute Ballot Title complies with Title 34.

Redline comparing the Attorney Generals Preliminary Ballot Title with OCPA
Impacts Substitute Ballot Title
Relevance:

This redline comparison shows the revisions that should be made to

the ballot title.

Synopsis:

This is the redline comparing the Attorney Generals Preliminary

Ballot Title with the OCPA Impacts Substitute Ballot Title.

OMES Memo regarding Initiative Petition 403 (Oct. 22, 2015)

Relevance:

This document contains the Office of Management and Enterprise

Services estimate as to how much revenue the tax increase in
Initiative Petition 403 would generate each year.

Synopsis:

This memorandum analyzes Initiative Petition 403 and estimates

revenue totals for the revenue and use taxes proposed by this
petition.
Respectfully submitted,

ROBERT G. MCCAMPBELL, OBA #10390

TRAVIS V. JETT, OBA #30601
-Of the FirmFELLERS SNIDER, P.C.
100 North Broadway Ave., Ste. 1700
Oklahoma City, Oklahoma 73102
(405) 232-0621
RMcCampbell@FellersSnider.com
TJett@FellersSnider.com
ATTORNEYS FOR OCPA IMPACT, INC.

AND DAVID BOND

CERTIFICATE OF SERVICE
I hereby certify that on this 23rd day of June, 2016, a true and correct copy of the
forgoing Appendix to Brief in Support of Application to Assume Original Jurisdiction was
served by U.S. Mail as follows:
Kent Meyers
Roger Stong
Melanie Wilson Rughani
Counsel for Respondents
Crowe & Dunlevy, P.C.
324 N. Robinson, Suite 100
Oklahoma City, OK 73102

688478

Attorney Generals Office

State of Oklahoma
313 N.E. 21st Street
Oklahoma City, OK 73105

Secretary of States Office

State of Oklahoma
101 State Capitol
Oklahoma City, OK 73105

Robert G. McCampbell
Travis V. Jett