INITIATIVE PETITION NO. 1

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:

Patricia Jean Benson
Miya Collette McKim
Carrie Ann Watters

LETTER TO PAWHUSKA CITY CLERK (dated & hand-delivered January 29, 2025)
INITIATIVE PETITION NO. 1 PAMPHLET (COPY) (filed January 29, 2025)
- No. 1 assigned to Initiative Petition on 11 February 2025 by Pawhuska City Clerk.
GIST (i.e., BALLOT TITLE) (filed January 29, 2025)
LETTER TO PAWHUSKA CITY CLERK (dated February 5, 2025)
QUESTIONS AND ANSWERS
- Updated 2/17/25 to now answer 16 questions.

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)

Click Here For Letter

5. Q&A

Q1: Why is this Initiative Petition being 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 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. 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.

Q8: How can I help?

A: Please contact this office, or any of the proponents of the Initiative Petition, and provide your contact information. If you are a voter in Pawhuska and want the proponents know that you will be happy to sign the Initiative Petition signatures seat, please let them know directly, or drop a message to this office and I will pass it on.

Q9: When will the Initiative Petition be circulated for signature collection? How many signatures are required?

A: We began circulating the Initiative Petition No. 1 for signatures on Sunday, February 16, 2025! The circulators are:

Patti Benson
Lyndell Malone
Mary Kay Warren
Miya McKim
Penny Gann Bradford
Carrie Ann Watters
Mike Tolson
Steve Holcombe

If you would like to join the above as a signature circulator just let any of us know. The more the merrier.

Q10: How many signatures are required to successfully submit the Initiative Petition No. 1 to the Pawhuska City Clerk?

A: We calculate that to be 65 signatures from Pawhuska voters.

Q11: Does my signature on the Initiative Petition No. 1 means that I have voted for it like in an election?

A: No. It only means that you approve that it should be put to a vote of the people of Pawhuska.

Q11: Has a date been set for a vote on Initiative Petition No. 1?

A: Not yet. Once we turn in the minimum number of signatures required to the Pawhuska City Clerk then it will be in the hands of the city to get an election date set.

Q12: If I am am registered to vote and I have a Pawhuska mailing address, can I sign Initiative Petition No. 1?

A: NOT NECESSARILY. A number of people with Pawhuska rural addresses may vote in elections but don’t actually reside within the city limits of Pawhuska. YOU MUST LIVE WITHIN THE CITY LIMITS OF PAWHUSKA. IF YOU HAVE NOT PREVIOUSLY VOTED IN ANY CITY ELECTIONS YOU CANNOT SIGN THE PETITION UNLESS YOU NOW RESIDE INSIDE OF PAWHUSKA’S BOUNDARIES.

Q13: Can I sign more than one Initiative Petition No. 1?

A: No. That would be illegal. SIGN ONE TIME ONLY.

Q14: What else would be illegal for me to do when signing Initiative Petition No. 1?

A: It would be illegal for you to sign it with any name other than your own name. It would be illegal to sign it if you are not registered to vote for Pawhuska City elections.

Q15: Do I need to show my voter ID card or other proof of identity to the signature circulator of Initiative Petition No. 1?

A: No. But, before signing, you do need to read and understand the WARNING on the cover sheet to every pamphlet being circulated for signatures for Initiative Petition No. 1.

Q16: What if I meet all of the qualifications for signing Initiative Petition No. 1 but I might be moving my residence out of Pawhuska before the election is held on this question?

A: No worries. Whether you may or may not be moving before the election is not relevant. If you meet all of the qualifications to sign - at the moment you sign - then you are good.