The Legislature of the State of Oklahoma is the state legislative branch of the U.S. state of Oklahoma. The Oklahoma House of Representatives and Oklahoma Senate are the two houses that make up the bicameral state legislature. There are 101 state representatives, each serving a two-year term, and 48 state senators, who serve four-year terms that are staggered so only half of the Oklahoma Senate districts are eligible in each election cycle. Legislators are elected directly by the people from single member districts of equal population. The Oklahoma Legislature meets annually in the Oklahoma State Capitol in Oklahoma City.
The Oklahoma Constitution vests all legislative powers of the state government in the state legislature, which exercises legislative power by enacting Oklahoma law. The legislature may legislate on any subject and has certain "necessary and proper" powers as may be required for carrying into effect the provisions of the Oklahoma Constitution. The powers of the legislature are only limited by the powers reserved to the people, namely initiative and referendum.
The Oklahoma Senate and the Oklahoma House of Representatives are co-equal houses, but each chamber has exclusive powers. The Oklahoma Senate's advice and consent is required for gubernatorial appointments to high-level executive positions. Bills for raising revenue may only originate in the Oklahoma House of Representatives. Bills approved by the legislature must be sent to the Governor of Oklahoma for approval.
History
Early years Prior to 1907 statehood, Oklahoma Territory had the Oklahoma Territorial Legislature that met in Guthrie, Oklahoma. Upon statehood, the Oklahoma Constitution established the Oklahoma Legislature. The 1st Oklahoma Legislature met in the Guthrie City Hall Building and elected William H. Murray as the first Speaker of the Oklahoma House of Representatives. The first three staff members appointed by Murray were a Union veteran, a Confederate veteran, and an African-American man, Jim Noble. The 2nd Oklahoma Legislature included Oklahoma's first black member, A. C. Hamlin, but passed legislation that made it nearly impossible for African-Americans to seek elective office, which limited him to one term.Bruce, Michael L. "Hamlin, Albert Comstock (1881–1912)," Encyclopedia of Oklahoma History and Culture, Oklahoma Historical Society. (accessed April 17, 2013)
The meeting place of the Oklahoma Legislature was moved to Oklahoma City in 1910. The Democratic Party held the majority of seats in the legislature until the Ninth Legislature from 1921–1922, when a Republican Party majority took over.
The 1921 session was also notable because it included Oklahoma's first female state legislators, Representative Bessie McColgin and Senator Lamar Loomey.Pappas, Christine. McColgin, Amelia Elizabeth Simison (1875–1972) , Encyclopedia of Oklahoma History and Culture (accessed May 9, 2013) This occurred shortly after women earned the right to vote in Oklahoma in 1918 through a constitutional amendment approved by voters.Reese, Linda W. Women , Encyclopedia of Oklahoma History and Culture (accessed May 9, 2013)
Legislators voted in 1923 to impeach Governor Jack C. Walton for trying to block the legislature from holding special session and administrative practices that included payroll padding, pardons, removal of college administrators, and a large increase in the governor's salary.Brad L. Duren, "'Klanspiracy' or Despotism? The Rise and Fall of Governor Jack Walton, Featuring W. D. McBee," Chronicles of Oklahoma 2002-03 80(4): 468-485
Governor Henry S. Johnston became the second governor to be impeached by legislators, with members of the Oklahoma House of Representatives voting eleven articles of impeachment against him, which ultimately led to his expulsion from office.Burke, Bob. Johnston, Henry Simpson , Encyclopedia of Oklahoma History and Culture (accessed May 9, 2013)
1930s-Present In the 1930s, traditionally Republican counties shifted heavily towards Democrats, giving Democrats a large majority in the Legislature. Bipartisan opposition to deficit spending in the late 1930s led to a 1941 constitutional amendment requiring legislators to pass a balanced budget.Everett, Dianna. Budget-Balancing Amendment , Encyclopedia of Oklahoma History and Culture (accessed May 11, 2013)
In 1964, three black men, Archibald Hill, E. Melvin Porter, and Curtis Lawson, were elected to the Oklahoma Legislature, the first since A. C. Hamlin left office in 1910.Hinton, Mick. Young, minority lawmakers highlight changes, Tulsa World, February 4, 2007 (accessed May 13, 2013)
In 1966, voters approved a ballot question that set up annual 90-day legislative sessions. In 1989 another ballot question further limited session by designating the sine die adjournment day, or last day of session, as the last Friday in May. Combined with the 90-day requirement, this moved the session start day to February, leaving the original start day in January as an organizational day.
Beginning in the 1960s, the Republican party made gains in voter registration and state legislative seats. By 1990, the party counted about a third of voters by registration and had similar representation in the Legislature.
In 2010, Republicans gained a large majority of 32 seats in the Oklahoma Senate and 70 seats in the Oklahoma House of Representatives.McNutt, Michael. "Oklahoma's legislative leaders pledge to work with Democrats", The Oklahoman, November 7, 2010.
Currently, Republicans have a supermajority in both chambers (81 of 101 seats in the House and 40 of 48 seats in the Senate).
Qualifications To serve in the Oklahoma Senate, an individual must be at least 25 years of age, and to serve in the Oklahoma House of Representatives, an individual must be at least 21 years of age.Article V, Section 17, Oklahoma Constitution Online (accessed May 27, 2013) State legislators must also be qualified electors and residents in the district they represent during their time in office. To file as a candidate for legislative office, a person must have been a registered voter and a resident residing within the district for at least six months immediately preceding the filing period prescribed by law.
Restrictions The Oklahoma Constitution prohibits state legislators from also serving as another officer of the United States or Oklahoma state government.Article V, Section 18, Oklahoma Constitution Online (accessed May 27, 2013) A felony conviction also disqualifies election to the Oklahoma Legislature.
A constitutional amendment approved by voters implemented term limits for the Legislature. Legislators are limited to a total of 12 years in both chambers.Article V, Section 17A, Oklahoma Constitution Online (accessed May 17, 2013) The 12-year term limit is a cumulative term limit of service in either chamber, consecutive or non-consecutive. The 12-year limit does not include any service prior to adoption of the amendment. In addition, the limit does not include those years of an unexpired term served by a member elected or appointed to fill a vacancy in office, but no member who has completed 12 years in office is thereafter eligible to serve an unexpired term.
The Oklahoma Legislature is constitutionally required to enact laws barring conflicts of interest for its members.Article V, Section 21, Oklahoma Constitution (accessed May 27, 2013) The Oklahoma Ethics Commission currently makes recommendations to state legislators regarding ethical restrictions.
In the event of a vacancy in the state legislature, the governor issues writs of election to fill such vacancies.
Membership The House of Representatives consists of 101 members, representing single-member districts that are drawn to reflect equal populations.
Until the U.S. Supreme Court's 1964 ruling in the case of Reynolds v. Sims, each of Oklahoma's 77 counties was guaranteed at least one seat in the State House of Representatives. Now though, the less-populated rural counties form multi-county districts. House District 61, for example, includes the entirety of Cimarron, Texas, Beaver and Harper counties as well as parts of the counties of Ellis and Woodward.
The Senate consists of 48 members, representing single-member districts that are drawn to reflect equal populations.
Current party composition
Senate
408 Republican Democratic
Affiliation Party (Shading indicates majority caucus) Total Republican Democratic End of 59th Legislature 40 8 48 Beginning of 60th Legislature 40 8 48 Latest voting share
House 8120 Republican Democratic
Affiliation Party (Shading indicates majority caucus) Total Republican Democratic End of 59th Legislature 81 20 101 Beginning of 60th Legislature 81 20 101 Latest voting share
Officers
House officers
The political party with a majority of seats in the Oklahoma House of Representatives is known as the majority party; the next-largest party is the minority party. The Speaker of the Oklahoma House of Representatives is elected by a majority of members of the Oklahoma House of Representatives and is the nominee elected by the majority party caucus, unless a coalition of members of both political parties chooses a coalition candidate. Members of the minority party elect a caucus leader known as the minority leader. The speaker appoints committee chairs and other leadership roles; the minority leader appoints corresponding minority party roles such as "ranking members" of committees.
The Oklahoma Constitution does not specify the duties and powers of the Speaker of the Oklahoma House of Representatives. They are instead regulated by the rules and customs of the house. Under Section 6 of Article VI of the Oklahoma Constitution, the speaker is third in line behind the lieutenant governor and president pro tempore of the state senate to succeed the governor.
The speaker has a role both as a leader of the House and the leader of the majority party. They are the presiding officer of the House, but may appoint another member to serve as the presiding officer in their absence. The presiding officer sits in a chair in the front of the House chamber. The powers of the presiding officer are extensive; one important power is that of controlling the order in which members of the House speak. No member may make a speech or a motion unless they have first been recognized by the presiding officer. The presiding officer may rule on any "point of order" (a member's objection that a rule has been breached), but the decision is subject to appeal to the whole House.
The speaker is the chair of their party's steering committee, which chooses the chairperson of standing committees. The speaker determines which committees consider bills and appoints members of committees. The speaker is also an ex officio voting member on committees. Under the speaker is a speaker pro tempore who assumes the duties of the speaker in their absence. The speaker and the speaker pro tempore are also ex officio voting members on committees.
Each party elects a floor leader, who is known as the majority leader or minority leader. While the minority leader is the full leader of their party, the same is not true of the majority leader. Instead, the speaker is the head of the majority party; the majority leader is only the second-highest official. Each party also elect whips, who works to ensure that their party's members vote as the party leadership desires.
Senate officers
The political party with a majority of seats is known as the majority party; if two or more parties in opposition are tied, the lieutenant governor's affiliation determines which is the majority party in the Oklahoma Senate. The next-largest party is known as the minority party. The president pro tem, floor leader and committee chairs represent the majority party; they have counterparts in the minority party: the minority leader and ranking members of committees.