by Keaton Ross
Oklahoma Watch
The State Chamber of Oklahoma and the Oklahoma Farm Bureau are trying to keep a voter-led initiative to increase Oklahoma’s minimum wage off the ballot.
Last week the groups petitioned the Oklahoma Supreme Court to reject Initiative Petition 446, which would require most Oklahoma employers to pay their workers at least $15 per hour by 2029. Kelsey Cobbs, the pastor of The Federated Church of Weatherford, and Dustin Phelan, business manager for the Tulsa-based IBEW Local 584 union, filed the petition with the Oklahoma Secretary of State’s office on Oct. 26.
In a legal brief filed on Nov. 20, attorney Mithun Mansignhani argued that the initiative conflicts with the Oklahoma Constitution because it authorizes the U.S. Department of Labor to calculate an annual state minimum wage increase using its Urban Wage Consumer Price Index beginning in 2030. Mansignhani also writes that the initiative’s gist is misleading because it implies the measure would include an exemption to the state’s minimum wage law for federal workers.
“The important question of the appropriate minimum wage can drastically impact employment and the economy, especially for vital employers, farmers and small businesses in this State,” Mansignhani wrote in the brief. “That policy question should not be unconstitutionally delegated to the federal government.”
In a statement to Fox 25, Cobbs said an increase to the state’s minimum wage would benefit working families who are struggling to make ends meet as the cost of food and housing increases. Oklahoma’s minimum wage hasn’t increased since July 2009, when a federal hike from $5.85 to $7.25 per hour took effect.
The organizers and petitioners will likely have to wait several months for the Supreme Court to issue a decision. If the court rules in favor of Cobbs and Phelan, they will have 90 days to collect at least 92,263 signatures from Oklahoma voters.
Among states that authorize initiative petitions, Oklahoma has some of the most stringent requirements in the nation. Adding to the complexity is a new signature verification system that organizers of a recreational marijuana state question believe caused them to miss the November 2022 general election ballot.
In September I reported on proposed reforms to Oklahoma’s ballot initiative process, including a longer signature collection window and restrictions on foreign contributions to initiative campaigns. I plan to follow up on these proposals as we approach the bill filing period for the 2024 legislative session.
Have questions about this initiative petition, the process itself or other story tips and ideas? Let me know at Kross@Oklahomawatch.org.