SQ 776 — Pro death penalty constitutional amendment

What it is: 

If passed, sentences would not be reduced if a method of execution is ever ruled invalid and the Legislature would be given the explicit power to designate any method of execution not prohibited by the U.S. Constitution. The imposition of the death penalty will not be considered cruel and unusual punishment. The language would be added to the state constitution, making it more difficult for the courts or future legislatures to eliminate the death penalty.


Source: Associated Press 


Ballot Language:

This measure adds a new section to the Oklahoma Constitution, Section 9A of Article 2. The new Section deals with the death penalty. The Section establishes State constitutional mandates relating to the death penalty and methods of execution. Under these constitutional requirements:

The Legislature is expressly empowered to designate any method of execution not prohibited by the United States Constitution.

Death sentences shall not be reduced because a method of execution is ruled to be invalid.

When an execution method is declared invalid, the death penalty imposed shall remain in force until it can be carried out using any valid execution method, and

The imposition of a death penalty under Oklahoma law—as distinguished from a method of execution—shall not be deemed to be or constitute the infliction of cruel or unusual punishment under Oklahoma’s Constitution, nor to contravene any provision of the Oklahoma Constitution.