He expressed the view that commencement of circulation of the petition at any point prior to this time would constitute a waiver of the right to defer the running of the 90-day period. The initiative petition in the case at bar was circulated after our 601 P.2d 103 decision in 1979 and the Attorney General's opinion in 1980, and prior to our 1982 decision in 649 P.2d 545. The Attorney General in his opinion No. 80-116, dated June 16, 1980, discussed Initiative Petition No. 310, 601 P.2d 103, but expressed the view that the ninety (90) day period will commence to run after ballot title proceedings have been processed only if the person seeking initial review of ballot title under § 9(D) refrains from circulating the petition until such time as the title has been processed.
In re Supreme Court Adjudication etc. allowed review of constitutional claims where the provisions were not severable from the remainder of the petition, but "[w]here the questioned provision is severable, and resolution of constitutional issues prior to the act becoming law would not prevent a costly and potentially unnecessary election...," Threadgill would apply. In re Initiative Petition No. 347, State Question No. 639, 1991 OK 55, ¶ 25, 813 P.2d 1019, 1030-31; see, e.g., In re Initiative Petition No. 358, State Question No. 658, 1994 OK 27, ¶ 7 n. 15, 870 P.2d 782, 786 n.15; In re Initiative Petition No. 349, State Question No. 642, 1992 OK 122, ¶ 15 n. 18, 838 P.2d 1, 7 n.18; In re Initiative Petition No. 315, State Question No. 553, 1982 OK 15, ¶ 5, 649 P.2d 545, 548. Under this interpretation, of course, Threadgill would apply here, since the provision at issue in Initiative Petition 446 is severable from the petition as a whole.
Matter of Estate of Speake, 1987 OK 61, 743 P.2d 648, 652.In re Initiative Petition No. 315, State Question No. 553, 1982 OK 15, 649 P.2d 545, 553 (“when questions of a general public nature are involved, which affect the state at large, the people of the state become indirect parties and their interests must be protected to prevent a possible ‘practical injustice’ even if the person who might have objected is silent.”); State ex rel. Freeling v. Lyon, 1917 OK 229, 63 Okla. 285, 165 P. 419, 420 (A matter that affects the rights of the citizens of the State is publici juris.); Ethics Commission v. Cullison, 1993 OK 37, 850 P.2d 1069, 1073 (An adjective-law barrier in a private-law original jurisdiction action will not hinder the court from giving adequate relief in an original jurisdiction proceeding that is publici juris.).
Matter of Estate of Speake, 1987 OK 61, 743 P.2d 648, 652. In re Initiative Petition No. 315, State Question No. 553, 1982 OK 15, 649 P.2d 545, 553 ("when questions of a general public nature are involved, which affect the state at large, the people of the state become indirect parties and their interests must be protected to prevent a possible 'practical injustice' even if the person who might have objected is silent."); State ex rel. Freeling v. Lyon, 1917 OK 229, 165 P. 419, 420 (A matter that affects the rights of the citizens of the State is publici juris.); Ethics Commission v. Cullison, 1993 OK 37, 850 P.2d 1069, 1073 (An adjective-law barrier in a private-law original jurisdiction action will not hinder the court from giving adequate relief in an original jurisdiction proceeding that is publici juris.).
See, In re Initiative Petition No. 347, 813 P.2d 1019, 1030 (Okla. 1991); In re Initiative Petition No. 315, 649 P.2d 545, 548 (Okla. 1982); Tulsa Exposition Fair Corp. v. Board of County Comm'ns, 468 P.2d 501, 507 (Okla. 1970); Battles v. State ex rel. Oklahoma Comm'n for Crippled Children, 206 Okla. 444, 244 P.2d 320, 323-34 (1952); Atchison, T. S.F. Ry. v. Long, 122 Okla. 86, 251 P. 486, 491-92 (1926).
My unswerving commitment to Threadgill, supra note 7, is documented in numerous reported decisions. See In re Initiative Petition No. 366, 2002 OK 21, 46 P.3d 123, 135 (Opala, J., dissenting); In re Initiative Petition No. 364, 1996 OK 129, 930 P.2d 186, 205 (Opala, J., concurring); In re Initiative Petition No. 362, 1995 OK 77, 899 P.2d 1145, 1153 (Opala, J., concurring in result); In re Initiative Petition No. 360, 1994 OK 97, 879 P.2d 810, 821-22 (Opala, J., concurring in result); In re Initiative Petition No. 358, 1994 OK 27, 870 P.2d 782, 788 (Opala, J., concurring in result); In re Initiative Petition No. 349, 1992 OK 122, 838 P.2d 1, 18-19 (Opala, C.J., dissenting); In re Initiative Petition No. 347, 1991 OK 55, 813 P.2d 1019, 1037 (Opala, C.J., concurring); In re Initiative Petition No. 341, 1990 OK 53, 796 P.2d 267, 275 (Opala, V.C.J., concurring in result); In re Initiative Petition No. 317, 1982 OK 78, 648 P.2d 1207, 1222 (Opala, J., concurring in the judgment); In re Initiative Petition No. 315, 1982 OK 15, 649 P.2d 545, 554-555 (Opala, J., concurring in result); see also In re Initiative Petition No. 349 (No. 76,437, Feb. 20, 1991) (Opala, C.J., dissenting in part) (unpublished opinion). KAUGER, J. concurring specially.
We have heretofore accepted the votes cast for the Presidential Elector as the bases for this calculation. In re Initiative Petition No. 315, State Question No. 553, 649 P.2d 545, 552 (Okla. 1982). 34 O.S.Supp. 1993 § 8[ 34-8].
Because a determination of the constitutionality of the Petition could prevent a costly and unnecessary election, we address protestants' challenges. In re Initiative Petition No. 315, State Question No. 553, 649 P.2d 545, 548 (Okla. 1982); In re Supreme Court Adjudication of Initiative Petitions in Norman, Oklahoma, Numbered 74-1 and 74-2, 534 P.2d 3, 8 (Okla. 1975).
The Court may view as severable any provisions that are not "integral parts of the petition." In re Initiative Petition No. 315, State Question No. 553, 1982 OK 15, ¶ 5, 649 P.2d 545, 548. An integral part of a proposition is a part "which could not be severed without defeating the whole."
Because we view the ten year prohibition as fundamental to the petition, we do not view it as severable. In re Initiative Petition No. 27, 2003 OK 104, ¶ 16, 82 P.3d 90; In re Initiative Petition No. 315, State Question No. 553, 1982 OK 15, ¶ 5, 649 P.2d 545. The trial transcript of the hearing held on May 13, 2005, at p. 31 provides in pertinent part: