INITIATIVE PETITION NO. 1
VOTE YES! OCTOBER 14TH!

gist of the proposition:

In each election for the five seats of the Pawhuska City Council any registered voter residing in Pawhuska may vote. One seat is referred to as “at large” which distinguishes it by name from four ward seats which are identified by their ward numbers: 1, 2, 3 and 4. Candidacy restrictions exist in each ward election. Only registered voters residing within a ward may seek candidacy. No such candidacy restriction exists for the “at large” seat. Shall candidacies for each of the four ward seats be open to any registered voter residing anywhere in Pawhuska like that of the “at large” seat? If you Vote YES, the ward boundaries will disappear. The former ward seats will be respectively renamed Seat 1, Seat 2, Seat 3, and Seat 4. The “at large” seat will be renamed Seat 5. If you Vote NO, there will be no charter amendments.

Shall it be approved? YES [ ] NO [ ]

PROPONENTS:

  1. Patricia Jean Benson

  2. Miya Collette McKim

  3. Carrie Ann Watters

TABLE OF CONTENTS

  1. LETTER TO PAWHUSKA CITY CLERK (dated & hand-delivered January 29, 2025)

  2. INITIATIVE PETITION NO. 1 PAMPHLET (COPY) (filed January 29, 2025)

    • No. 1 assigned to Initiative Petition on 11 February 2025 by Pawhuska City Clerk.

  3. GIST (i.e., BALLOT TITLE) (filed January 29, 2025)

  4. LETTER TO PAWHUSKA CITY CLERK (dated February 5, 2025)

  5. LETTER TO PAWHUSKA CITY CLERK - FILED SIGNED PAMPHLETS (dated April 16, 2025)

  6. PAWHUSKA CITY MEETING MINUTES - SEE ITEM 3 (JUNE 24, 2025)

  7. SAMPLE BALLOT - SPECIAL ELECTION - OCTOBER 14, 2025

  8. QUESTIONS AND ANSWERS

    • Updated 9/10/2025

    • Questions 1 - 7 (Answers about why the Vote on October 14th)

    • Questions 8 - 12 (Answers about How & When to Vote on October 14th, or before)

  1. LETTER TO PAWHUSKA CITY CLERK (dated January 29, 2025)

2. INITIATIVE PETITION NO. _____ PAMPhLET (COPY) (filed January 29, 2025)

3. GIST (i.e., BALLOT TITLE) (filed January 29, 2025)

4. LETTER TO PAWHUSKA CITY CLERK (dated February 5, 2025)

5. LETTER TO PAWHUSKA CITY CLERK - FILED SIGNED PAMPHLETS (dated April 16, 2025)

6. PAWHUSKA CITY MEETING MINUTES - SEE ITEM 3 (JUNE 24, 2025)

7. SAMPLE BALLOT - SPECIAL ELECTION - OCTOBER 14, 2025

8. Q&A

Q1: Why has this Initiative Petition been pursued by Pawhuska citizens?

A: There is much dissatisfaction with the decisions and omissions of the Pawhuska City Council. The Initiative Petition seeks to provide a means for representation on the city council that better reflects the views of the citizenry of Pawhuska.

Q2: What does the October 14th Special Election on the Initiative Petition seek to do?

A: It seeks a vote on amendments to the Charter of the City of Pawhuska that would make all 5 elections to the city council equal, one to the other. The “Gist” above does a pretty good job of describing in a non-legal manner what is being sought. But a Sample of the actual ballot is also posted above (Item 7). Read the Initiative Petition itself for what amendments are proposed to Sections 4 and 37 of the Charter that would equalize elections and remove restrictions as to who can run in 4 out of the 5 elections for seats on the city council.

Q3: Won’t the proposed amendments to the Charter mean that citizens no longer have a ward representative from each of the four wards?

A: “Ward representation” in Pawhuska is a myth; there is no “ward representation” in Pawhuska. In every one of the 5 elections ALL of the citizens of Pawhuska vote. That is voting is not limited to voters within each ward which, if it were, could be reasonably described as “ward representation”. Instead, ALL seated city councilors represent ALL citizens of Pawhuska because ALL voters in Pawhuska vote for (or against) them. What does happen though is that if a voter lives in Pawhuska, but doesn’t live in a ward, then they can’t run for that ward seat except once every 3 years. So, when voters go to the polls to vote for, say, the ward 1 seat, there are potential candidates missing every time.

Q4: What is the effect of these restrictions for running for ward seats?

A: Pawhuska has a lot of resourceful, smart, public-service minded residing within the city’s boundaries. But Pawhuska is a small town and these ward restrictions keep the best and the brightest that Pawhuska has to offer from running year in, and year out. These restrictions also provide an unfair advantage in elections for the incumbents sitting in each ward seat. Incumbents only have to run against candidates in their ward’s 25% of the city. Candidates from the other 75% of the city are barred from running against them. The election system is working against Pawhuska’s progress. It’s like the city has one hand tied behind its back.

Q5: Can you give me an example of what removal of the restrictions for running for ward seats would look like?

A: Sure, you need look no further than the election in Pawhuska for the “at large” seat every 3 years. You might think of it as the “5th seat”. Anyone who is a registered voter in Pawhuska can run for this seat, and ALL registered voters in Pawhuska can vote in the “5th seat” election. Since all ward seats are already “at large” elections themselves in which ALL registered voters in Pawhuska may vote, all that needs to be done is to eliminate the ward restrictions and then all elections become like the “5th seat” election. So, Pawhuska is already holding a truly open and equal election every 3 years for the “5th seat”. Removing the restrictions would bring all 5 elections in line as being the same. As being equal. As complying with Oklahoma’s “Free and Equal” Election Clause.

Q6: What is Oklahoma’s “Free and Equal” Election Clause?

A: Article 3, Section 5 of the Oklahoma Constitution is entitled “Free and equal elections – Interference by civil or military power - Privilege from arrest” and states: All elections shall be free and equal. No power, civil or military, shall ever interfere to prevent the free exercise of the right of suffrage, and electors shall, in all cases, except for treason, felony, and breach of the peace, be privileged from arrest during their attendance on elections and while going to and from the same. (emphasis added).

The principle of free and equal elections was brought to America from England. The introduction of the first Free and Equal Election Clause in America is found in the Pennsylvania Constitution of 1790. Some version of it is now found in the constitutions for these states: Arizona, Arkansas, Delaware, Illinois, Indiana, Kentucky, Missouri, New Mexico, Oklahoma, Oregon, Pennsylvania, South Dakota, Tennessee, Washington, and Wyoming.

Q7: Does the lawsuit in Holcombe v. City of Pawhuska relate to the filing of the Initiative Petition?

A: Yes. Both the lawsuit (filed with the Osage County District Court in August 2023) and the Initiative Petition (filed with the City of Pawhuska in January 2025) seek the same thing. But the Initiative Petition goes further than the lawsuit by petitioning for specific amendments to the Charter of Pawhuska to be voted on by the people. The lawsuit seeks a “declaration” from the Osage County District Court that Pawhuska’s Charter violates Oklahoma’s “Free and Equal” Election Clause. If the Osage County District Court rules that the Charter is in violation of Oklahoma’s constitution, then you may expect that an injunction will be sought to stop Pawhuska from using its restrictive, damaging election scheme. If the voters earlier approve of the Initiative Petition (and the amendments to the Charter) then there is no reason to continue the lawsuit and it will be dismissed (once approved by the Governor).

Q8: Can new voters still register?

A: New voters can register to vote on or before September 19, 2025.

Q9: What's the deadline for requesting an absentee ballot?

A: The deadline to request an absentee ballot is 5:00 p.m., the third Monday (15 days) prior to an election which is Monday September 22nd. For the October 14th election that would be a deadline of Monday, September 29th at 5:00 p.m.

Q10: How soon do absentee ballots need to be received?

A: Mailed absentee ballots must be received by the County Election Board no later than 7:00 p.m. on election night. Hand-delivered absentee ballots to the Osage County Election Board, 630 Kihekah Avenue in downtown Pawhuska, must be received no later than the close of business, the Monday before the election. That is the day before October 14th.

Q11: What are the hours for voting on Election Day?

A: For Election Day, October 14th, polls are open 7:00 a.m. to 7:00 p.m.

Q11: When can I early vote?

A: Vote early at the Osage County Election Board, 630 Kihekah Ave, Pawhuska, 8:00 a.m. - 6:00 p.m. on Thursday, October 9th and Friday, October 10th.

Q12: Whom do I contact with questions or to volunteer?

A: For questions about how to help get the word out, volunteer, post a yard sign, etc., call 918.287.8762. For additional questions about voting contact the Osage County Election Board at 918.287.3036 or go to 630 Kihekah Avenue in downtown Pawhuska. Also visit https://oklahoma.gov/elections.html.