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Ballot questions are at odds, winner takes all

Ballot questions are at odds, winner takes all

A.G.: State Question 744 and State Question 754 could well end up in courts given state statute dealing with "conflicting measures."

BY MEGAN ROLLAND Oklahoman
Published: October 28, 2010

One measure on Tuesday's ballot would require a huge boost in state spending on common education. A second ballot measure is intended to prevent the first from taking effect.

If both fail, a state law on "competing measures" could mean the one receiving the most overall votes — both for and against — automatically reappears in two years for the next general election.

If both are approved, the law says the one with the most "yes" votes would be the one that takes effect.
As a practical matter, in either situation, the court system will likely have to determine the outcome of the election, the state attorney general's office says.

"You have to determine whether they are truly conflicting questions under the statute," said Charlie Price, spokesman for the attorney general's office. "It's going to be a decision that would probably end up at the Supreme Court." FULL ARTICLE

 

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