# Bellmon v. Albert

> Supreme Court of Oklahoma · June 25, 1982 · 648 P.2d 1207

URL: https://www.frixlaw.com/law-library/cases/5157902

## Case

- **Full name:** In re INITIATIVE PETITION NO. 317, STATE QUESTION NO. 556, Henry BELLMON, Jenkin Lloyd Jones, and Edward L. Gaylord, Proponents v. Carl ALBERT, Larry Derryberry, Ed Edmondson, Robert S. Kerr, Jr., and Clem McSpadden, Protestants
- **Court:** Supreme Court of Oklahoma
- **Decided:** June 25, 1982
- **Citations:** 648 P.2d 1207; 1982 OK 78; 1982 Okla. LEXIS 339
- **Precedential status:** Published
- **Opinion:** Dissent by Simms
- **Judges:** Ala, Barnes, Doolin, Hargrave, Hodges, Irwin, Lavender, Opala, Simms, Wilson
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5157902

## Opinion text

SIMMS, Justice,
dissenting.
I must respectfully dissent. Title 34, O.S. 1981, § 9(D) clearly and unequivocally precludes circulation of an initiative until completion of the appeal process. This Court so held in In Re: State Question No. 541, Initiative Petition 310, Okl., 601 P.2d 103 (1979); In Re: Initiative Petition No. 315, State Question 553, Okl., 649 P.2d 545 (1982). See also, Opinion of The Attorney General, No. 80-116. I would hold the petition invalid as it was circulated outside the statutory 90 day period.
I am authorized to state that Vice Chief Justice Barnes joins me in this dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5157902. Public record. Not legal advice.