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In re Initiative Petition

Supreme Court of Oklahoma
Sep 23, 1969
461 P.2d 14 (Okla. 1969)

Opinion

No. 43205.

September 23, 1969.

Appeal from the Decision of the City Clerk of Atoka; Denying protest against unnumbered initiative petition on municipal legislative proposal.

Dismissed.

Merline Bonner, Atoka, for appellants.

Bill Moore, Atoka, for appellees.


An initiative petition was filed with the City Clerk of Atoka County, Oklahoma, on August 30, 1968. The petition is subject to statutory provisions on initiative and referendum petitions because no municipal legislation on initiative and referendum are alleged in the petition in error. 34 O.S. 1961 § 51[ 34-51]; Community Gas and Service Co. v. Walbaum, Okla., 404 P.2d 1014, 1016.

Protest of an initiative or referendum petition under the provisions of 34 O.S. 1961 § 8[ 34-8], must be filed within ten days of the date the circulated petition is filed with the City Clerk. 11 O.S. 1961 § 557.2[11-557.2]. The protest essayed by appellants was lodged with the City Clerk September 13, 1968. The period for protest provided by statute expired September 9, 1968. Thus the City Clerk of Atoka, Oklahoma, had no jurisdiction to hear the protest. The initiative petition on and after September 10, 1968 stood without effective protest. The appeal is accordingly dismissed.

IRWIN, C.J., and WILLIAMS, BLACKBIRD, JACKSON, HODGES, LAVENDER and McINERNEY, JJ., concur.


Summaries of

In re Initiative Petition

Supreme Court of Oklahoma
Sep 23, 1969
461 P.2d 14 (Okla. 1969)
Case details for

In re Initiative Petition

Case Details

Full title:IN RE PROTEST AGAINST INITIATIVE PETITION TO AMEND EXISTING CHARTER BY…

Court:Supreme Court of Oklahoma

Date published: Sep 23, 1969

Citations

461 P.2d 14 (Okla. 1969)
1969 OK 143

Citing Cases

In re City of Tulsa

We agree. In In Re Initiative Petition, 461 P.2d 14 (Okla. 1969), we held, if a protest or objection to an…