Initiative Petition Filed Nov. 15, 1983, Matter of
1986 OK 13
718 P.2d 1353
59 OBJ 949
Case Number: 61983
Decided: 04/15/1986
Supreme Court of Oklahoma
Cite as: 1986 OK 13, 718 P.2d 1353
In re Matter of INITIATIVE PETITION FILED NOVEMBER 15, 1983..
Appeal from the District Court of Cleveland County; Preston Trimble, Judge.
¶0 Proponents of an Initiative Petition appeal from the District Court's finding that such petition was invalidand should not be submitted to the voters of the City of Moore, Oklahoma.
AFFIRMED.
R. Marc Nuttle, William Lee Borden, Jr., Norman, for proponents.
Lloyd Roberts, Moore, for protestants.
DOOLIN, Vice Chief Justice.
¶1 We review the procedures for initiating a change in the Charter of the City of Moore, Oklahoma, by initiative petition. The proposed charter enactment or amendment thereto dealt with limitations as to building single and multiple dwellings, zoning regulations and a definition of terms.
¶2 The proponents of the initiative petition prepared their petitions, began circulating them and on November 15, 1984 presented the petitions and signatures to the Municipal Clerk of Moore. The Charter of the City of Moore provides that the Laws of this State and the Constitution of Oklahoma shall be observed.
1¶3 Title 11 O.S. 1981 § 15-103 A provides:
A. The form of the petition for either initiative or referendum in a municipality shall be substantially as provided in Sections 1 and 2 of Title 34 of the Oklahoma Statutes. A true copy of each measure proposed by initiative and referendum shall be filed with the clerk of the municipality before it is circulated and signed by the registered voters. [emphasis ours]
¶4 The proponents presented no evidence that they filed a true copy of the Initiative Petition with the City Clerk of Moore prior to November 15, 1984. Indeed, the City Clerk refused to assign a number to the Initiative Petition, and the petition was not published until December 23, 1984. We must therefore determine the effect of the failure to file a true copy of the initiative petition with the Municipal Clerk as required by 11 O.S. 1981 § 15-103 .
¶5 This Court has, at least on four previous occasions held that a citizen seeking to procure an amendment to a municipal charter by use of the initiative petition must file a true copy of such petition with the municipal clerk prior to circulating the same for signatures. Foster v. Young, 149 Okl. 19, [718 P.2d 1354] 299 P. 162, 166 (1931); In re Referendum Petition No. 2 of Cushing, 157 Okl. 54, 10 P.2d 271, 280 (1932); Whitson v. City of Kingfisher, 176 Okl. 145, 54 P.2d 616, 620 (1936).
¶6 Even though the issue of jurisdiction was not raised by the parties, this Court has the power and duty to inquire into the propriety of our jurisdiction as well as the jurisdiction of the court from which appeal arises. Hayhurst v. Hayhurst, 421 P.2d 257 (Okl. 1966), and Clark v. Gray, 204 Okl. 221, 228 P.2d 654 (1951). Upon such inquiry, it is clear from well-settled authority that statutory provisions regarding initiative petitions which are essential to guard against fraud are indispensable, and failure to substantially comply with such requirements as fatal to the validity of the petition. Community Gas and Service Company v. Walbaum, 404 P.2d 1014 (Okl. 1965).
¶7 In In Re Referendum Petition No. 1, City of Guymon, 196 Okl. 661, 167 P.2d 881 (Okl. 1946), we described the filing requirement as follows:
[T]he reason for said requirement was to prevent fraud or deception in initiative and referendum proceedings, so that the city clerk upon examination of the copy so filed and the original signed petition when the same was presented to him, could see that they were identical and that thereby he could assure himself that the proposition to be submitted had not been in any wise changed either before or after the petition was signed.
¶8 See also, In Re Initiative Petition No. 2 of Cushing, 157 Okl. 54, 10 P.2d 271 (1932).
¶9 Based on the foregoing, we hold that under 11 O.S. 1981, §§ 15-102 and 15-103 , filing a copy of the initiative petition with the City Clerk prior to its circulation is a jurisdictional requirement and failure to do so was fatal. The district court was therefore without jurisdiction to hear any action by the proponents of said petition.
¶10 The judgment of the trial court finding the said petition invalid is therefore AFFIRMED.
¶11 All Justices concur.
Footnotes:
1 Article IX General and Miscellaneous Provisions. The powers of the initiative and referendum are reserved to the people of the city. In the exercise of these powers, the requirements of the state constitution and law shall be observed.
| Cite | Name | Level | |
|---|---|---|---|
| Oklahoma Court of Civil Appeals Cases | |||
| Cite | Name | Level | |
| 1989 OK CIV APP 88, 836 P.2d 683, 63 OBJ 2657, | Hawthorne v. Hameed | Cited | |
| 1991 OK CIV APP 39, 810 P.2d 1308, 62 OBJ 1807, | Federal Deposit Ins. Corp. v. Duerksen | Cited | |
| Oklahoma Supreme Court Cases | |||
| Cite | Name | Level | |
| 1989 OK 70, 775 P.2d 1347, 60 OBJ 1133, | April v. City of Broken Arrow | Cited | |
| 1989 OK 143, 782 P.2d 122, 60 OBJ 2818, | Hall v. Edge | Cited | |
| 1990 OK 7, 788 P.2d 940, 61 OBJ 251, | Fields v. A & B Electronics | Cited | |
| 1991 OK 55, 813 P.2d 1019, 62 OBJ 1880, | Initiative Petition No. 347 State Question No. 639, In re | Cited | |
| 1995 OK 69, 903 P.2d 293, 66 OBJ 2117, | Stites v. Duit Const. Co., Inc. | Cited | |
| 1996 OK 76, 921 P.2d 333, 67 OBJ 2232, | Chickasaw Telephone Co. v. Drabek | Cited | |
| 1996 OK 117, 940 P.2d 486, 67 OBJ 3131, | Red Rock Mental Health v. Roberts | Cited | |
| 1997 OK 133, 940 P.2d 486, 68 OBJ 3131, | RED ROCK MENTAL HEALTH V. ROBERTS | Cited | |
| 1999 OK 1, 976 P.2d 1035, 70 OBJ 292, | In re Oklahoma Boll Weevil Eradication Organization | Discussed | |
| Cite | Name | Level | |
|---|---|---|---|
| Oklahoma Supreme Court Cases | |||
| Cite | Name | Level | |
| 1946 OK 112, 167 P.2d 881, 196 Okla. 661, | In re REFERENDUM PETITION NO. 1 | Cited | |
| 1936 OK 97, 54 P.2d 616, 176 Okla. 145, | WHITSON v. CITY OF KINGFISHER | Cited | |
| 1932 OK 124, 10 P.2d 271, 157 Okla. 54, | In re INITIATIVE PETITION No. 2 CUSHING OKLAHOMA. JURNEY et al. v. HARLOW et al. | Discussed | |
| 1965 OK 118, 404 P.2d 1014, | COMMUNITY GAS AND SERVICE COMPANY v. WALBAUM | Cited | |
| 1966 OK 238, 421 P.2d 257, | HAYHURST v. HAYHURST | Cited | |
| 1951 OK 55, 228 P.2d 654, 204 Okla. 221, | CLARK v. GRAY | Cited | |
| Title 11. Cities and Towns | |||
| Cite | Name | Level | |
| 11 O.S. 15-103, | Petition - Form - Signatures - Time for Filing | Discussed | |