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<v Speaker 1>Good morning, good morning, good morning, good morning, and welcome, welcome, welcome.

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<v Speaker 1>It's time now for our community connection on K one,

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<v Speaker 1>the one you Trust. We have Senator Julie Daniels in

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<v Speaker 1>studio and Senator first of all, welcome.

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<v Speaker 2>Well, thanks Tom, it's been a while. Yeah, we'd be

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<v Speaker 2>back with you this morning.

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<v Speaker 1>It is always a pleasure to have you in our studio.

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<v Speaker 1>We've got an election coming up. Your election has already

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<v Speaker 1>said and done, correct, So we're not talking about your situation.

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<v Speaker 1>But we're talking about something that affects everybody, and that

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<v Speaker 1>would be a state question and the retention of judges

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<v Speaker 1>that appear on our ballot. And people get a little

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<v Speaker 1>they said, well, I'm going what's this exactly? Now, we're

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<v Speaker 1>going to tell them what this is.

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<v Speaker 2>Yes, first of all, on the two state questions, Yes,

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<v Speaker 2>one is very straightforward. We're amending one word in our constitution.

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<v Speaker 2>Our constitution already says that all citizens of the United

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<v Speaker 2>States may vote in Oklahoma if they meet our registration

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<v Speaker 2>requirements residency requirements. But there was a move this year

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<v Speaker 2>among states that have that language to improve on it

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<v Speaker 2>and say only so you're going to say all US

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<v Speaker 2>citizens can vote you're going to change that to only

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<v Speaker 2>US citizens can vote, and I supported that joint resolution

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<v Speaker 2>of the House and the Senate, so.

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<v Speaker 3>That is on the ballot.

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<v Speaker 2>The other one that I supported would allow us to

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<v Speaker 2>create public infrastructure districts in our state. It's a peculiarity

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<v Speaker 2>of our constitution that there are many things that businesses

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<v Speaker 2>can do in other states that we have to amend

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<v Speaker 2>our constitution to allow. And this is one of the

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<v Speaker 2>reasons that we are less competitive at times with other states,

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<v Speaker 2>is because we have a structure that discourages some sort

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<v Speaker 2>of entrepreneurism and growth. So this one says, if a

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<v Speaker 2>developer wants to build houses and has brought a plot

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<v Speaker 2>of land to build houses, but the municipality either cannot

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<v Speaker 2>afford to extend the infrastructure or they're going to delay

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<v Speaker 2>doing that can get one hundred percent of the property

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<v Speaker 2>owners to sign and say we will be responsible for

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<v Speaker 2>the property taxes to build the infrastructure, not our neighbors

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<v Speaker 2>across the street in another neighborhood, but those of us

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<v Speaker 2>in this contained area, we will do it. And that

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<v Speaker 2>allows the development to go forward and not be delayed.

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<v Speaker 2>But you have to have permission from the government to

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<v Speaker 2>do it. You have to have a petition a board

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<v Speaker 2>of trustees. And this is where it gets a bit

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<v Speaker 2>confusing because people see government in there and think, oh,

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<v Speaker 2>this is going to be on my property taxes. No,

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<v Speaker 2>it absolutely is not, and it's confusing to read. You

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<v Speaker 2>file a petition in the municipality, you have signatures of

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<v Speaker 2>one hundred percent of all the surface property owners. Then

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<v Speaker 2>the district is governed by a board of trustees. They

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<v Speaker 2>can issue bonds to pay for infrastructure and can charge

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<v Speaker 2>the property owners up to ten mills to pay for

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<v Speaker 2>that infrastructure. This is something that there are people in

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<v Speaker 2>Tulsa who want to build some developments and they are

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<v Speaker 2>not allowed to do so. And I would encourage people

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<v Speaker 2>to just google Public Infrastructure district and look at Fort Worth. Again,

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<v Speaker 2>Texas has been doing this for a while. You can

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<v Speaker 2>click on pid fort Worth and it will show you

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<v Speaker 2>all the neighborhoods in Fort Worth that are governed by

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<v Speaker 2>public infrastructure districts. And I think if people look and

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<v Speaker 2>see how they actually operate, they will understand that unless

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<v Speaker 2>you're one of these property owners, and unless you have agreed,

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<v Speaker 2>then you would not be liable for any increased property taxes.

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<v Speaker 3>To pay for infrastructure.

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<v Speaker 1>That's a lot of words to make it easy.

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<v Speaker 2>Well, and that's why it's a lot of words on

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<v Speaker 2>the ballot. I'm looking here and I would be happy

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<v Speaker 2>to share more details on that with folks who want

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<v Speaker 2>to be in touch with me. But I have no

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<v Speaker 2>problem with either one of these state questions. So now

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<v Speaker 2>let's move to the retention ballot.

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<v Speaker 1>Let's do that. Yes, that's where it gets.

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<v Speaker 2>We have a number of Court of Civil Appeals and

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<v Speaker 2>Court of Criminal Appeal justices up for retention in Oklahoma.

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<v Speaker 2>Once appointed, a justice serves six years and then the

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<v Speaker 2>public decides whether.

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<v Speaker 3>Or not they should be allowed to remain on the bench.

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<v Speaker 2>We've been doing it that way for forty plus years

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<v Speaker 2>and we have never ever voted a justice off the bench. Okay, well,

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<v Speaker 2>there have been some problems in recent years with our

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<v Speaker 2>Supreme Court, especially since after one hundred plus years of

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<v Speaker 2>one party rule, we sort of evolved over into the

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<v Speaker 2>majority party changing in our state. And since that time,

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<v Speaker 2>we have found that our Supreme Court has gone out

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<v Speaker 2>of its way to change the policies of the legislature

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<v Speaker 2>when it doesn't agree with them, not to decide what

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<v Speaker 2>the law is, which is what we've been doing in

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<v Speaker 2>this country for hundreds of years since Marbury versus Madison

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<v Speaker 2>is the case where it was originally said it's the

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<v Speaker 2>job of a justice to decide what the law is,

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<v Speaker 2>not what they want to be. And we have an

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<v Speaker 2>instance here in Oklahoma of numerous cases where the judges

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<v Speaker 2>have tied themselves in knots to figure out a way

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<v Speaker 2>to say that what the legislature did is unconstitutional, which

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<v Speaker 2>it isn't. In fact, the power of the legislature in

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<v Speaker 2>Oklahoma is much more expansive than the power of Congress.

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<v Speaker 2>Our constitution gives the legislature much more expansive power to

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<v Speaker 2>decide public policy than the US Constitution does. So, if anything,

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<v Speaker 2>our justices should be more deferential to our elected legislature

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<v Speaker 2>than they are.

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<v Speaker 1>Are you saying that they don't stay in their lane.

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<v Speaker 2>I am saying that they don't stay in their line,

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<v Speaker 2>And quite often they act as a super legislature wearing

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<v Speaker 2>black robes, and they use some devices in our constitution

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<v Speaker 2>that make it easier for them to do that. So,

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<v Speaker 2>for the first time ever, we have a judicial scorecard

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<v Speaker 2>of our Supreme Court justices. Everybody to remember this, go

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<v Speaker 2>to OKLA Judges oaklajudges dot com and you can call

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<v Speaker 2>up the scorecard for all nine of our Supreme Court

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<v Speaker 2>justices and you can look at.

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<v Speaker 3>How conservative or liberal they have been.

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<v Speaker 2>And you can click on the twenty cases that have

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<v Speaker 2>been analyzed and been used to judge their conservatism or liberalism,

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<v Speaker 2>and you can look at what the nature of those

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<v Speaker 2>policies were that they overturned. Interestingly enough, I began serving

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<v Speaker 2>in the session of twenty seventeen. Of the twenty cases

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<v Speaker 2>that are assessed in this scorecard, sixteen of them were

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<v Speaker 2>decided since I've been in the legislature, so we have

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<v Speaker 2>had an increase in activism to overturn what the legislature

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<v Speaker 2>has done. So oaklajudges dot com and we are looking

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<v Speaker 2>this year at having voters consider whether or not Justice Edmundson,

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<v Speaker 2>Rich and Caugar should be retained. Justice Edmondson has a

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<v Speaker 2>twenty one percent rating. Gurrich has an eighteen percent rating,

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<v Speaker 2>and so does Justice Caugar. Our largest rating right now

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<v Speaker 2>is Justice Kune, who came on in twenty twenty one

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<v Speaker 2>with an eighty five percent rating. Justice Edmondson's been there

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<v Speaker 2>since two thousand and three. He was appointed by Brad Henry,

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<v Speaker 2>Justice Gurrich since twenty eleven, appointed by Brad Henry, and

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<v Speaker 2>von Kauger since nineteen eighty four, appointed by then Governor

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<v Speaker 2>George nine nineteen eighty four nineteen eighty four.

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<v Speaker 1>That's a long time.

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<v Speaker 2>So all I'm asking people to do is go and

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<v Speaker 2>look at the scorecard and look at the cases and

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<v Speaker 2>make your own decision as to whether or not you

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<v Speaker 2>believe it's time for a change, and for the first

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<v Speaker 2>time to say no, these justices are outside their lane

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<v Speaker 2>and have been so concentsistently enough that we think there

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<v Speaker 2>should be a change. Now, how do you decide how

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<v Speaker 2>to judge a justice. It's not the same as the

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<v Speaker 2>scorecards for legislators. Those are much more political. This is

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<v Speaker 2>based on particular cases where they've overturned the elected representatives

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<v Speaker 2>of the people, where they have disrespected the separation of powers,

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<v Speaker 2>and they have determined that because they don't like the

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<v Speaker 2>legislator legislative policy, they will change it. Conservative principles mean

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<v Speaker 2>they respect their role as an interpreter, not a maker

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<v Speaker 2>of the law. And so that's what this scorecard was

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<v Speaker 2>based on. And I'm just going to go we've got

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<v Speaker 2>a couple of minutes. I'm just going to hit on

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<v Speaker 2>two cases that I think are very timely because they

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<v Speaker 2>have to do with election integrity. In twenty twenty COVID,

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<v Speaker 2>the legislature was out of session for six weeks.

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<v Speaker 3>Fortunately we had not adjourned.

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<v Speaker 2>We came back in right after the League of Women

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<v Speaker 2>Voters went to our Supreme Court and asked them to

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<v Speaker 2>throw out our absentee ballot notarization requirement. We're within weeks

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<v Speaker 2>of the primary election. Ballots to military are going out.

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<v Speaker 2>Think of the chaos and the undermining of the integrity

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<v Speaker 2>of the election would have been had that decision stood.

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<v Speaker 2>It is definitely in the purview of a legislature determine

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<v Speaker 2>election law. It's one of our basic responsibilities. We don't

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<v Speaker 2>do it at a federal level. Every single state has

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<v Speaker 2>their own way of doing it, so we scrambled. It

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<v Speaker 2>was an odd decision. They didn't really explain their methodology.

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<v Speaker 2>They found something about affidavits in a section of law

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<v Speaker 2>that had nothing to do with elections, and they hung

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<v Speaker 2>their hat on that as a reason that they ordered

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<v Speaker 2>we could not send out any absentee ballot information about note.

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<v Speaker 3>We couldn't send it out they forbid us to do it.

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<v Speaker 2>So we came back in and we quickly fixed things

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<v Speaker 2>because we hadn't adjourned yet, and we got through our

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<v Speaker 2>primary election. We got through our primary runoff. Now all

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<v Speaker 2>three of these justices voted to throw out our election laws.

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<v Speaker 1>Why not? They did it in Chicago.

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<v Speaker 2>So then the Democrat Party went to federal court and

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<v Speaker 2>sued us, wanting to get rid of the voter ID

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<v Speaker 2>laws and other things. And an Obama appointed federal judge

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<v Speaker 2>decided with the legislature on every argument. Let that sink

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<v Speaker 2>in your own. Oklahoma Supreme Court justices five to four said,

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<v Speaker 2>we don't like the voter ID laws, even though we

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<v Speaker 2>upheld them a few years ago. We don't like the

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<v Speaker 2>way the legislature's doing this. They wanted ballot harvesting. We

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<v Speaker 2>had passed a statute saying you couldn't do that. They

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<v Speaker 2>wanted ballot harvesting. They wanted us to pay for the postage.

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<v Speaker 2>They accused the state of putting a poll tax on

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<v Speaker 2>people because they had to buy their own stamp. And

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<v Speaker 2>what if they didn't have a printer at home to

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<v Speaker 2>print out their ID to attach it to their ballot,

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<v Speaker 2>which we were allowing during COVID. So the point is

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<v Speaker 2>that our own Supreme Court disrespected the role of the

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<v Speaker 2>legislature and the federal court. An Obama judge actually wrote,

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<v Speaker 2>the state has put in place alternatives that do not

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<v Speaker 2>necessarily acquire voters to have direct contact with others in

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<v Speaker 2>order to cast an absentee ballot. The evidence and the

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<v Speaker 2>law substantiate that the state's interest in preventing voter fraud

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<v Speaker 2>and promoting certainty and confidence are sufficiently weighty to overcome

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<v Speaker 2>any minor burden placed on Oklahoma's voting during a pandemic.

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<v Speaker 2>That was the Obama appointed judge. That's the decision we

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<v Speaker 2>needed out of our own Supreme Court three months before.

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<v Speaker 2>So that, I think is the clearest example. A lot

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<v Speaker 2>of the other cases have to do with workers compensation

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<v Speaker 2>and lawsuit reform, all of which helped Oklahoma improve its

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<v Speaker 2>economic standing, its business climate standing, and as they undermined us.

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<v Speaker 2>In twenty nineteen, we went into the judicial hellhole of

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<v Speaker 2>the American Tort Reform Association with one of their decisions,

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<v Speaker 2>and we are moving back down the scale in workers'

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<v Speaker 2>compensation costs in our state because they're chipping away at

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<v Speaker 2>that reform that took several years to pass, so I

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<v Speaker 2>don't know where we are on timetime. You tend to

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<v Speaker 2>talk to me and I just go like this, So

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<v Speaker 2>why don't you ask me another question?

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<v Speaker 1>First of all, when we go into the voting boat

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<v Speaker 1>and we see the sample ballads, you can get that

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<v Speaker 1>at the voter portal. You can do that. And the

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<v Speaker 1>question is on the judge, shall this justice be retained? Yes,

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<v Speaker 1>sir no, And it's a yes or no. That's all

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<v Speaker 1>you got to do. Just want to make sure that

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<v Speaker 1>people are clear on that.

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<v Speaker 2>If you would prefer these justices to stay, vote yes.

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<v Speaker 3>If you think it's time for them to go, vote no.

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<v Speaker 1>Very good. In the same way with the state question,

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<v Speaker 1>is it plain yes or no? There's no maybe or

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<v Speaker 1>how about this yes?

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<v Speaker 2>And obviously I've made no secret of my own feelings

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<v Speaker 2>about these different issues in these state questions, but I

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<v Speaker 2>mainly am here today to say to folks you've asked

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<v Speaker 2>for years, how do we know about these justices? Well,

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<v Speaker 2>here's an organization that has taken up on themselves to

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<v Speaker 2>score them.

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<v Speaker 1>And where do we find that score Cardigan.

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<v Speaker 2>Judges dot com, ud Judges dot com. You can click

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<v Speaker 2>on each judge and learn more, and you can find

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<v Speaker 2>out where how they were on each of these decisions,

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<v Speaker 2>these twenty decisions. Obviously there are multitude of decisions that

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<v Speaker 2>could have been scored, but they were looking for the

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<v Speaker 2>ones where they outright overrode the legislative policy.

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<v Speaker 1>Very good, Senator Danis, thank you for being with you well,

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<v Speaker 1>Thank you very much.

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<v Speaker 3>And I encourage people to get in touch with me,

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<v Speaker 3>I to have questions.

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<v Speaker 2>I've had several people with absentee ballots already reaching out

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<v Speaker 2>to me saying, Oh, I didn't know about all these judges.

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<v Speaker 3>What do I do? So I'm steering them to this

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<v Speaker 3>website already.

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<v Speaker 1>Thank you again for being here. Thank