Early Voting Starts Thursday

Early voting for the Nov. 8 general election begins Thursday in Oklahoma.

Cindy Osborn, Sequoyah County Election Board secretary, said early voting will be at the county election board office, at 111 E. Creek St., from 8 a.m. to 6 p.m. on Thursday and Friday, and from 9 a.m. to 2 p.m. on Saturday.

On Nov. 8, the polls will be open from 7 a.m. to 7 p.m. 

Osborn said lines are possible at peak voting times. Wait times will likely be shortest at mid-morning and mid-afternoon. Anyone in line to vote at 7 p.m. will be allowed to cast a ballot.

Osborn said, “Please keep the following information and tips in mind as the election approaches.”

- Anyone who needs to look up their polling place, verify their registration information, or view a sample ballot can do so online. The Online Voter Tool can be accessed on the Oklahoma State Election Board’s website www.elections.ok.gov. Those who vote by mail can also check the status of their ballot using the Online Voter Tool. Sample ballots are also available at the county election board office.

- Oklahoma law requires every voter who votes in person at the precinct polling place or during early voting at the county election board to show proof of identity before receiving a ballot. There are three ways for voters to prove their identity under the law (only one proof of identity is required): show a valid photo ID issued by federal, state, or tribal government; or show the free voter identification card issued to every voter by the county election board; or sign an affidavit and vote a provisional ballot. (If the information on the affidavit matches official voter registration records, the ballot will be counted after election day.)

- Physically disabled voters who cannot enter the polling place, need help marking their ballots, blind or visually disabled voters and illiterate voters may be assisted by a person the voter chooses. In all cases, a person providing such assistance may not be the voter’s employer or an agent of the employer or an officer or agent of the voter’s union. A person providing assistance also must swear or affirm that the voter’s ballots will be marked in accordance with the voter’s wishes. Alternatively, all blind, visually impaired, and physically disabled voters in Sequoyah County may use the audio-tactile interface (ATI), a feature offered on all Oklahoma voting devices, to vote privately and independently, either at Sequoyah County Election Board during early voting or at their assigned polling place on election day.

- Voters who have moved since the last election, but who have not transferred their voter registration to their new address, may do so on Election Day by going to vote at the polling place where their registration has been in the past. While voting, they may fill out a form instructing the county election board to transfer their registration to the new address before the next election.

- Those who became physically incapacitated after 5 p.m. Nov. 1 still can request an emergency absentee ballot. Those who might qualify for an emergency absentee ballot should contact the county election board office at 918-775-2614 as soon as possible for more information.

- Any violation of election law will be reported to the proper law enforcement authorities. Electioneering is not allowed within 300 feet of a ballot box. It is also unlawful to remove a ballot from the polling location, possess intoxicating liquors within half a mile of a polling place or to disclose how you voted while within the election enclosure.

For additional election-related information, visit www.elections.ok.gov.

Sally Maxwell, Senior News Director

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Judge Finds Sallisaw Man Guilty

A 38-year-old Sallisaw man was found guilty of rape Oct. 21 in Sequoyah County District Court.

The guilty verdict was almost exactly two years and a week after Bryan Lee Tatum was charged on Oct. 15, 2014 with rape by instrumentation and lewd molestation. He entered a not guilty plea to the charges, and his bond was set at $50,000.

According to the Sallisaw police report, Tatum allegedly sexually assaulted a five-year-old girl on several occasions. The mother of the child said she confronted the suspect after one incident, and he threatened to kill her and her family. When interviewed by Sallisaw police, Tatum said his accusers were lying, and he asked for an attorney.

Tatum elected to be tried not by a jury but a judge, and Special District Judge Matt Orendorff heard the case Oct. 21 and found Tatum guilty.

Orendorff ordered a pre-sentencing investigation, and set sentencing for Nov. 9.

Sally Maxwell, Senior News Director

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Free@. . .Stanley Tubbs Memorial Library

Tai Chi for Better Balance will be presented at Stanley Tubbs Memorial Library in Sallisaw in November and December.

The program, co-sponsored by the Oklahoma Healthy Aging Initiative (OHAI), is free. Classes will be held at 10:30 a.m. on Mondays and Wednesdays, from Nov. 7 through Dec. 14.

Tai Chi for Better Balance is designed to fit the interest and needs of older adults who want to maintain their quality of life and help alleviate pain and increase their balance. The movements of Tai Chi help seniors reduce stress and increase balance and flexibility. Participants learn relaxation to improve their overall mind, body and spirit through a series of slow continuous movement.

The program is for people at all levels of mobility and can be done while sitting. Instructors are provided by OHAI, a program of the Donald W. Reynolds Department of Geriatric Medicine at the University of Oklahoma.

For more information or to reserve a place in the class, call the OHAI Northeast Center of Healthy Aging at 888-616-8161.

Sally Maxwell, Senior News Director

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Gore Athlete Honored by MaxPreps and the United States Marine Corps

Junior Billy Kauffman from Gore High School was named the first male athlete to win the first annual MaxPreps High School Athlete of the Month Award, presented by the United States Marine Corps for September.

The award was presented Friday. 

Kauffman participates in football, weightlifting and track at Gore. For the Gore High School Pirates football team Kauffman plays offensive guard, defensive end and outside linebacker. 

“MaxPreps congratulates Billy on being named High School Athlete of the Month,” said Andy Beal, Founder and President of MaxPreps. "High school sports are designed to build character and foster teamwork and a competitive spirit in our nation's young people. The MaxPreps High School Athlete of the Month represents those outstanding qualities that make not just great athletes, but more importantly fine citizens. MaxPreps is proud to honor these fine student-athletes in collaboration with the United States Marine Corps.”

“Billy has brought a different level of tenacity and physicality to the field as a player. I feel that a good student/good player is defined by good parents, and Billy is a great example of that," said head football coach Scott Sapulpa.

Kauffman qualified for the state meet as a sophomore in weightlifting and reached regionals in the shot put as a freshman and sophomore. Outside of high school athletics Kauffman also holds a 4.0 GPA in all of his classes and takes welding classes at Indian Capital Technology Center in Muskogee.  

He also performs in his church choir, plays the drums and is a volunteer firefighter for Warner. He has taken part in trips to help with recovery from tornadoes in places like Joplin, Mo., and Moore with the Baptist disaster relief team. 

Already this season Kauffman was selected as the MaxPreps Overall Gore Football Player of the Game after the Sept. 2 game, and the MaxPreps Defensive Gore Football Player of the Game after the Sept. 9 and 16 games. 

Staff Sergeant Nicholas Joiner, Sergeant Alejandro Bedoya, and Sergeant Timothy Clements of the Oklahoma United States Marine Corps presented Kauffman with the MaxPreps Athlete of the Month trophy on Friday during an all school assembly on the football field. 

“The United States Marine Corps, through the MaxPreps High School Athlete of the Month program, is committed to recognizing students that embody the fighting spirit which enables them to win battles and overcome challenges they face, both on and off the field. We’re proud to partner with MaxPreps in this powerful program showcasing student athletes that have a positive influence in their community,” said Captain Sean Pangia.

MaxPreps picks one female and one male athlete each month to be named with the honor of High School Athlete of the Month, presented by the U.S. Marine Corps. MaxPreps sends out emails to all of their members of their site about nominating an athlete for the award. There are also links on MaxPreps.com for anyone to nominate a deserving athlete for this award. Nominations may be submitted by a coach, parent, peer, or teacher. MaxPreps then selects the most well-rounded athletes who match the qualities that are also found in the U.S. Marines Corps, like bravery, dedication, perseverance, personal sacrifice for others and being a positive influence in one’s community. 

Sally Maxwell, Senior News Director

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Turkey Shoot Slated for Saturday

A turkey shoot will be held by the Cpl. Joshua Wear Marine Corps League in Sallisaw at 1 p.m. Saturday, Oct. 29.

The cost is $3 a shot, and winners will have the choice of a turkey or ham.

Charles Cloud, league senior vice commandant, said the shoot will be held at 466779 E. 1070 Rd., Sallisaw. To get to the shoot from U.S. Highway 59 in Sallisaw, go east on Redwood for 4.2 miles. The shoot will be held on the south side of the road. From State Highway 64 (east of Sallisaw) turn north on Central High Road and drive to smoke shop and fire station. Turn left. The shoot is at the first place on the left.

Signs will be out to designate the shoot site.

Sally Maxwell, Senior News Director

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Two County Women Vie for Miss CASC

The annual Miss Carl Albert State College (CASC) Scholarship Pageant will be at 7 p.m. Nov. 17 at the Hamilton Auditorium on the Carl Albert State College campus in Poteau.

Tickets are available at the CASC Bookstore beginning Nov. 1. All seats are reserved and cost $10 each, with CASC students, faculty and staff tickets available for $5.

This year’s contestants include two young women from Sequoyah County – Bailey Oberste of Sallisaw and MaKayla Jackson of Muldrow.

Oberste is majoring in business management. Her platform for the pageant is “Littering” and her talent is a jazz dance.

Jackson is studying to be a physical therapy assistant. Her platform is “Community Outreach” and her talent will be the spoken word.

The contestant field also includes:

-Natalie Cepeda of Wister is majoring in pre-veterinary medicine. Her platform is “Homeless Veterans” and her talent is a piano solo.

-Taylor Keith of Poteau is majoring in allied health. Her platform is “Bullying” and her talent will be a Christian vocal.

-Jillian Branscum of Poteau is majoring in child development. Her platform is “Children’s Literacy” and her talent will be a lyrical ballet.

-Ashley Moore of Poteau is majoring in elementary education. Her platform is “Boys and Girls Club” and her talent will be a color guard routine.

 -Carla Medina of Heavener is majoring in allied health and her platform is “Elder Care.” Her talent will be a dance.

-Angelin Pierce of Fort Smith is majoring in elementary education. Her platform is “Bullying” and her talent is vocal.

-Sunnie McConnell of Poteau is majoring in allied health. Her platform is the “Make a Wish Foundation” and her talent will be a hip hop dance.

Terri Hardin, pageant committee co-chair, said the Miss CASC Pageant is a member of the Miss America Organization, and a preliminary to the Miss Oklahoma Pageant. Contestants will compete in private interview, swimsuit, talent, evening wear, and on-stage question competitions.

The new Miss Carl Albert State College 2017 will receive a $1,000 cash scholarship, 16 hour tuition waiver, and will compete in the Miss Oklahoma Pageant in June 2017. Bill Day serves as Co-chair with Hardin.

Sally Maxwell, Senior News Director

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Second Man Sentenced for Gun Theft

A second man has been sentenced in U.S. Court in Muskogee for stealing guns from Gems Gun & Pawn in Sallisaw.

The U.S. Attorney’s office announced Thursday that Jimmy Don McCoy Jr., 25, of Tulsa was sentenced to 13 months in prison for stealing firearms from a federal firearms licensed dealer.

Earlier this week Gregory McIntyre, 19, of Sallisaw was sentenced to 13 months imprisonment for stealing firearms from a federal firearms licensed dealer, also Gems Gun & Pawn.

The Indictment alleged that on Aug. 29, 2015, McCoy and McIntyre stole guns from the shop. All the guns were shipped and transported in interstate commerce either before or after being stolen.

The charges arose from an investigation by the Sallisaw Police Department and the Bureau of Alcohol, Tobacco and Firearms. 

District Judge Ronald A. White presided over the hearing. The McCoy and McIntyre will remain in the custody of the U.S. Marshals Service pending transportation to the designated federal facility at which he will serve his non-paroleable sentence.

Sally Maxwell, Senior News Director

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Muldrow to Mayberry Group Hopes to Return to ‘Hometown Mentality’

The “rusty” Muldrow water tower is one of the first projects 

targeted by the Muldrow to Mayberry group.

The Muldrow to Mayberry organizers would like to see a better day, would like to go back to an old-fashioned hometown day and way.

They recall  Mayberry, and the hometown traditions, of the television shows The Andy Griffith Show and Mayberry RFD. One of those organizers, Kathy Followell of Muldrow, said her niece, Kristen, developed the name as the family brainstormed one day on how to help their community. She asked if they wanted Muldrow to be like Mayberry.

“Exactly!” Followell said.

The Muldrow to Mayberry movement actually began as another project. Followell, the grandmother of two Muldrow Elementary students, was told by a school counselor that a large number of school children had no serviceable shoes. Many came to school in flip flops tied or wired together. 

Followell said she and her family, “Championed that cause.” So far over 150 pairs of shoes have been donated to the Right Foot Shoe Closet at Followell’s church, Eastside Free Will Baptist in Muldrow.

Followell explained, “I’ve got a bench at the church. When someone has shoes to donate they just leave them at the bench for me, then call me or text me that the shoes are there.”

With that project underway, Followell said she and her family were at the Muldrow Homecoming Parade when they began discussing hometown values which seemed to be more prevalent in earlier days.

The family wondered, “Wouldn’t it be great if we could get that hometown feeling back.”

“You mean like in Mayberry?” Kristen asked.

Followell’s “exactly” answer kicked off the Muldrow to Mayberry organization.

“We want to get the community and the people back to a hometown mentality,” Followell said. “We want it to be known that Muldrow is a good place. I don’t buy that we’re broke and we can’t fix it. We’ve got hard working, gritty people in this town.”

Followell put her ideas about hometown values on social media, and those gritty people who had the same thoughts flocked to her Facebook page.

“I almost get overwhelmed,” Followell said about the support. “You can do something on Facebook and BAM, you’re in business. It was the shoes that got us going.”

Followell said people are tired of negativity. The group’s literature encourages residents to “Make the community a great place to live, shop, work and play.”

About Muldrow, she said, “We want to clean it up and fix it up and get it back for our kids.”

The Muldrow to Mayberry group has started a Beautiful Business of the Week and Beautiful Residence of the Week, showcasing those who keep their businesses and homes tidy.

Up next is a free showing of the movie “The Wizard of Oz,” at the Muldrow City Park on Nov. 5. Activities begin at 5 p.m. and the movie begins a 6:30 p.m. Followell is proud of the city park, and hopes to have at least one activity a month there, including a winter carnival during the holidays. And all is done by volunteers, the “hard-working, gritty people” of Muldrow.

Muldrow to Mayberry’s big project is raising the money to paint the town’s water tower.

“It’s a rusty old thing,” Followell said with a laugh. “I had one woman tell me that ‘If I could see that old water tower painted I could die a happy person.’

“The water tower is one of the first things I truly want to do,” Followell said.

“I would love to see Muldrow featured in a magazine as the little town that could rise up. There are lots of things people can do. Just pick up a broom and sweep. Quit finding things to complain about and do something,” Followell encouraged. “We need to do the little things. We need to get people to stay here. I’m tired of people getting up on a Saturday morning and heading off to Fort Smith.”

Followell said, “There’s not room in my brain for negatives.” Muldrow to Mayberry “Has been a blessing to me.”

She concluded with the Muldrow to Mayberry motto, “We rise by lifting others.”

Anyone wanting more information about Muldrow to Mayberry may contact Followell  by calling her at 479-461-0896.

Sally Maxwell, Senior News Director

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McIntyre Sentenced to Prison

The U.S. Attorney’s Office in Muskogee announced Wednesday that Gregory McIntyre, 19, of Sallisaw was sentenced to 13 months imprisonment for stealing firearms from a federal firearms licensed dealer.

The Indictment alleged that on Aug. 29, 2015, McIntyre stole guns from Gems Gun & Pawn, a federal licensed firearms dealer, all of which had been shipped and transported in interstate commerce either before or after being stolen.

The charges arose from an investigation by the Sallisaw Police Department and the Bureau of Alcohol, Tobacco and Firearms. 

District Judge Ronald A. White presided over the hearing. The defendant will remain in the custody of the U.S. Marshals Service pending transportation to the designated federal facility at which he will serve his non-paroleable sentence.

Assistant U.S. Attorney Timothy Hammer represented the United States in the case.

Sally Maxwell, Senior News Director

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Deadline to Request Absentee Ballots Nears

Less than a week remains for registered voters in Sequoyah County to apply for absentee ballots to be mailed to them for the Nov. 8 general election, County Election Board Secretary Cindy Osborn said.

Applications for absentee ballots must be received by the county election board no later than 5 p.m. Nov. 2 to be processed in time for the election.

Absentee voters may apply in person at the county election board office or may send their applications by mail, fax, or e-mail. An online version of the form may be filled out and submitted electronically at www.elections.ok.gov. Any registered voter eligible to vote in the election may vote by absentee ballot without stating a reason, Osborn said, however absentee voters can activate certain special conditions in the following circumstances:

Registered voters who are physically incapacitated and voters who care for physically incapacitated persons who cannot be left unattended may apply for absentee ballots only by mail, fax, e-mail, online or via an agent who is at least 16 years of age and who is not employed by or related within the third degree of consanguinity or affinity to any person whose name appears on the ballot.

Registered voters who are confined to nursing homes in the county may apply by mail, by fax, by e-mail, online or via an agent who is at least 16 years of age and who is not employed by or related within the third degree of consanguinity or affinity to any person whose name appears on the ballot.

Military personnel, residents of Sequoyah County living overseas, and the spouses and dependents of each group may apply only by mail, by fax, or by e-mail. For more information and instructions, military and overseas voters may visit the Federal Voting Assistance Program website: www.fvap.gov/oklahoma. 

For more information on absentee voting, contact the county election board at 110 E. Creek Ave., Sallisaw 74955. The telephone number is 918-775-2614. The county election board’s fax number is 918-775-1205.

For additional election-related information, visit: www.elections.ok.gov.

Sally Maxwell, Senior News Director

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Dwight Mission Groundbreaking Is Nov. 5

Dwight Mission’s school house, which dates to 1917, will be renovated as the mission’s 

Heritage Center. The groundbreaking for the construction will be Nov. 5.

Dwight Mission Camp and Conference Center will kick off a $2 million building project at a groundbreaking ceremony on Nov. 5.

Peter Newberry, Dwight Mission camp operating director, explained the project will renovate the mission’s 1917 school house into a Heritage Center.

The groundbreaking will begin with lunch at noon, followed by the groundbreaking ceremony, speakers and awards. Those attending may stay for a Day at Dwight and participate in hay rides, arts and crafts, fishing, archery and tours of the Heritage Center.

The mission is also offering a chance to extend the celebration with an overnight stay for $30 per person. The stay includes dinner, accommodations and breakfast. To take advantage of the overnight package contact the mission at 918-775-2018 or visit www.supportdwightmission.org/groundbreaking.

Newberry said the renovation of the school house has been in the works for at least 10 years. The building has three floors. Plans are to remodel the first (or basement) floor for conference rooms. The second floor will be for meeting rooms, offices and for the heritage display, and the 200-seat auditorium on the third floor will be renovated.

Newberry said, “The purpose is to bolster the conference and meeting rooms here. It will double the meeting area.”

It is hoped the renovations and additions will invite more frequent use of the camp and attract groups that, due to present limitations, the mission is unable to serve.

Newberry said it is expected the renovation and expansion will take about 10 months. Crawford Construction of Fort Smith is the contractor on the project.

The second phase of building at Dwight Mission will be a 10,000-square-foot lodge, which will be in the far future, Newberry said.

Sally Maxwell, Senior News Director

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CASC Named Chamber Member of the Month; Consultant Talks about Attracting Retailers

Bryan Warner, Carl Albert State College Sallisaw campus director, displays the plaque presented to the college for being named the Sallisaw Chamber of Commerce Member of the Month for October. The award was presented Wednesday.

 Shannon Vann, left, president of the Sallisaw Chamber of Commerce, visits with Rickey Hayes, retail consultant, who discussed his book, “City on a Hill,” at the chamber’s monthly meeting Wednesday. Hayes is working with the chamber and the city on attracting retailers to Sallisaw.

Carl Albert State College in Sallisaw and Poteau was named the Sallisaw Chamber of Commerce Member of the Month at the chamber’s monthly meeting Wednesday.

CASC President Jay Falkner and faculty and staff members accepted the award from chamber President Shannon Vann.

Bryan Warner, CASC Sallisaw director, announced that, in conjunction with Native American Awareness Month in November, CASC will showcase three Cherokee Nation National Treasure craftsmen. They will be at CASC on Nov. 9 and will make presentations at 9 a.m., 10 a.m. and 11 a.m.

Vann reminded members that the Bassnanza fishing tournament is Nov. 5; that reservations are due for Eviva!, a chamber celebration, to be held Nov. 19; and the chamber-sponsored Veterans Day Ceremony will be held at 11 a.m. on Nov. 11 on the lawn at Stanley Tubbs Memorial Library in Sallisaw. Bud Smithson, a retired Oklahoma Highway Patrol trooper and Vietnam veteran, will be the guest speaker.

Chamber members were also invited to participate in Halloween on Elm Street on Oct.31, sponsored by the Sallisaw Police Department.

The guest speaker at the luncheon was Rickey Hayes of Retail Attractions, LLC. Hayes is a retail consultant who helps cities and towns attract retailers.

Hayes told the audience that it takes everyone “pulling in the same direction” to attract businesses to a community, and there must be a consensus in favor of attracting retailers, “with revenue behind it.”

Hayes noted that many communities operate on the sales tax generated by retail sales, but on-line shopping and sales on the internet is reducing sales tax revenue.

But, he added, retail stores will continue to function, and can be attracted to a community through incentives.

Hayes encouraged the chamber members and government leaders to “think outside the box” to attract retailers.

Sally Maxwell, Senior News Director

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K9 Helps Officer Locate High Grade Marijuana

At approximately 6 p.m. Wednesday evening a Sequoyah County Deputy K9 unit stopped a vehicle near Vian for speeding. 

During the stop K9 JOI alerted on the vehicle, according to Sequoyah County Sheriff Ron Lockhart. "Deputy Jenkins obtained permission to search the vehicle and located 25 lbs of high grade marijuana," added Lockhart. 

The suspect, Grant Kanouse, 55, of Sturgis, Michigan, was placed under arrest and transported to the Sequoyah County Jail.

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Keota Woman Killed in Collision

A Keota woman was killed Tuesday in a two-vehicle crash three miles east of Keota.

Kristy Seyler, 33, was pronounced deceased at the crash scene, the Oklahoma Highway Patrol (OHP) reported.

Three passengers in Seyler’s 1999 Saturn were transported to area hospitals.

The OHP reported Douglas Owens, 46, of Keota, was flown to St. Francs Hospital in Tulsa and admitted in guarded condition with internal injuries.

A 7-year-old boy was also flown to S. Francis Hospital and admitted in guarded condition with head injuries. Another 7-year-old male was transported by ambulance to Sparks Regional Medical Center in Fort Smith and treated and released.

The OHP reported Seyler was driving west on State Highway 9 when, for an unknown reason, she crossed the center line and struck an eastbound 2004 Chevrolet pickup truck driven by Tyler Broussard, 25, of Howe. Broussard refused treatment at the scene.

The collision occurred at about 10:30 p.m. Tuesday.

Sally Maxwell, Senior News Director

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Woman Flown to Tulsa Hospital after Collision

An 82-year-old Sallisaw woman was flown to a Tulsa hospital Tuesday after a three-vehicle collision three miles north of Sallisaw.

The Oklahoma Highway Patrol (OHP) reported Genoria Trammell was admitted to St. Francis Hospital in guarded condition. The OHP reported she had head, leg, arm, and internal and external injures.

The OHP reported Trammell was driving a 2002 Lincoln Town Car and had been in a previous collision with another vehicle. Both of the first two vehicles were disabled in the southbound lane on U.S. Highway 59, at the intersection with County Road 4650, when a third vehicle, also traveling south, came upon the first collision. The third vehicle struck the second vehicle and pushed it into Trammell’s car. She was thrown about eight feet into the west ditch on the highway.

No one else was injured in the collision, the OHP reported.

Misty Johannes, 39, of Sallisaw was driving a 2005 Nissan Altima, the second vehicle involved in the collision. Ciara Sanders, 21, of Vian was driving a 2003 Pontiac Grand Am, the third vehicle involved in the collision.

The collision occurred at about 8:33 p.m. Tuesday. 

Sally Maxwell, Senior News Director

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Review of State Question 776

Death Penalty

Editor’s Note: On Nov. 8 Oklahoma voters will be making several decisions from choosing a president to answering seven state questions.

In an effort to help with those decisions, The Mix 105.1 has turned to the 2016 Oklahoma Voter Guide to review the seven state questions that will be put to voters on Nov. 8. The Oklahoma Voter Guide is a nonpartisan effort by a coalition of Oklahoma entities from both the non-profit and for profit sectors. The voter guide does not endorse or oppose any candidates for state or federal office, nor does it take any position on the state questions.

Following is the review of State Question 776 on the Death Penalty. 

Death Penalty

STATE QUESTION 776

BALLOT TITLE

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 man-dates 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.

SUMMARY

State Question 776 does two things: it addresses the method of execution for an inmate on death row, and it states that the death penalty shall not be deemed cruel and unusual punishment. If the proposal is approved, a new section would be added to the Oklahoma Constitution that allows the state to continue to impose the death penalty, even if a specific method of execution becomes unavailable. Death sentences would remain in effect until they can be carried out by any method not prohibited by the US Constitution.

If approved, the constitutional amendment would apply to the state constitution but not the federal constitution or courts applying federal law.

The Oklahoma death penalty law, enacted in 1976, has been consistently applied by Oklahoma elected officials: the state executed 191 men and three women between 1915 and 2014 at the Oklahoma State Penitentiary (eighty-two by electrocution, one by hanging, and 111 by lethal injection). Statutes specifically allow gas inhalation, electrocution, and firing squad as backups to the primary form of execution by lethal injection.

In October 2015, Oklahoma suspended executions for a review of lethal injection protocols. One of the drugs most commonly used for lethal injection is sodium thiopental, which is no longer manufactured in the United States. In 2011, the European Commission imposed restrictions on the export of certain drugs used for lethal injections in the United States.

As a result, many states no longer have the drugs used to carry out lethal injection. Oklahoma has turned to other drugs as a substitute for sodium thiopental. However, recent instances of executions around the country in which alternative drugs were used may have produced adverse outcomes.

The death penalty is legal in thirty-one states, and illegal in nineteen.

BOTH SIDES

PROPONENTS SAY: YES

The death penalty is legal in Oklahoma and has a history of support from officials and the general public. The state’s ability to carry it out must be protected at a higher, constitutional level.

There is a chance that certain drugs used in lethal injections, or even the use of lethal injection itself, will be ruled unconstitutional. Oklahoma needs options so that the death penalty can continue to be used.

The state of Oklahoma should have more flexibility to designate and use any available, legal method of execution.

OPPONENTS SAY: NO

Oklahomans are increasingly opposed to the death penalty, citing inconsistent application of it as a punishment, a preference for life sentences, and the increasing frequency of exonerations.

This measure could make it much more difficult to rule Oklahoma’s death penalty unconstitutional and could make use of barbaric practices such as the firing squad more likely.

The amendment’s only purpose is to undermine the current moratorium resulting from the recent mistakes in the administration of the lethal drug method of execution.

The Mix 105.1 thanks and credits the following for the information – The League of Women Voters of Oklahoma, KOSU, OETA, Tyler Media, KGOU, Oklahoma Watch, The Oklahoman, and Kirkpatrick Foundation.

For more information on the 2016 Oklahoma Voter Guide visit okvoterguide.com.

Sally Maxwell, Senior News Director

For more news stories stay tuned to The MIX 105.1 or visit www.kxmx.com

Review of State Question 792

Alcohol

Editor’s Note: On Nov. 8 Oklahoma voters will be making several decisions from choosing a president to answering seven state questions.

In an effort to help with those decisions, The Mix 105.1 has turned to the 2016 Oklahoma Voter Guide to review the seven state questions that will be put to voters on Nov. 8. The Oklahoma Voter Guide is a nonpartisan effort by a coalition of Oklahoma entities from both the non-profit and for profit sectors. The voter guide does not endorse or oppose any candidates for state or federal office, nor does it take any position on the state questions.

Following is the review of State Question 790 on Alcohol. The Mix 105.1 will post a review of each question prior to the election.

BALLOT TITLE

This measure repeals Article 28 of the Oklahoma Constitution and restructures the laws governing alcoholic beverages through a new Article 28A and other laws the Legislature will create if the measure passes. The new Article 28A provides that with exceptions, a person or company can have an ownership interest in only one area of the alcoholic beverage business-manufacturing, wholesaling, or retailing. Some restrictions apply to the sales of manufacturers, brewers, winemakers, and wholesalers. Subject to limitations, the Legislature may authorize direct shipments to consumers of wine. Retail locations like grocery stores may sell wine and beer. Liquor stores may sell products other than alcoholic beverages in limited amounts. The Legislature must create licenses for retail locations, liquor stores, and places serving alcoholic beverages and may create other licenses. Certain licensees must meet residency requirements. Felons cannot be licensees. The Legislature must designate days and hours when alcoholic beverages may be sold and may impose taxes on sales. Municipalities may levy an occupation tax. If authorized, a state lodge may sell individual alcoholic beverages for on-premises consumption but no other state involvement in the alcoholic beverage business is allowed. With one exception, the measure will take effect October 1, 2018.

SUMMARY

If the proposal is approved, it would repeal Article 28 of the Oklahoma Constitution and replace it with Article 28A, which restructures the laws governing alcohol. If approved, the measure will go into effect on October 1, 2018.

Currently, under Oklahoma law, liquor stores can sell full-strength, unrefrigerated beer but cannot sell cold beer or chilled wine. Liquor stores can sell wine and spirits but no other items. Grocery and convenience stores can sell cold low-point beer (3.2 percent alcohol by weight) but not spirits, wine, or high-point beer.

State Question 792 would change the current alcohol laws to allow grocery, convenience, and drug stores to sell cold, high-point beer (up to 8.99 percent alcohol by volume) and wine (up to 15 percent alcohol by volume). Liquor stores would be allowed to sell cold beer and any item that also may be purchased in a grocery store or convenience store—except motor fuel—in limited amounts. Liquor or spirits will still only be available for purchase from licensed retail liquor stores.

FOR MORE INFORMATION

onveniencecosts.com

yeson792.com

‘Born Sober,’ But Always Plentiful: How Oklahoma Got It’s Liquor Laws

An Examination Of SQ 792

State Question 792

Both Sides

PROPONENTS SAY: YES

Oklahoma’s alcoholic beverages laws are Passage of SQ 792 would provide Oklahomans with the same level of access to wine and beer as consumers in forty-five other states and would allow customers to purchase wine and cold beer more conveniently throughout the state at all levels of retail.

State tax dollars are being driven to other states where alcohol laws allow the sale of high-point beer and wine in grocery stores.

The additional competition from grocery and convenience stores would hurt the state’s independent liquor retailers. Many current retail liquor stores would go out of business, resulting in job losses and inconveniencing consumers, especially those in smaller cities.

OPPONENTS SAY: NO

Allowing grocery and convenience stores to sell strong beer and wine would concentrate more power in the hands of fewer corporate owners, reduce competition, and result in higher prices.

SQ 792 contains language that would allow out-of-state distributors to buy controlling interests in wholesalers and then designate themselves as the sole wholesale distributor of any product they represent. Retailers would not be able to choose between competing wholesalers but would have to buy each product from only one particular wholesaler.

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Tomorrow, State Question 776 on the Death Penalty will be reviewed. The Mix 105.1 thanks and credits the following for the information – The League of Women Voters of Oklahoma, KOSU, OETA, Tyler Media, KGOU, Oklahoma Watch, The Oklahoman, and Kirkpatrick Foundation.

For more information on the 2016 Oklahoma Voter Guide visit okvoterguide.com.

Sally Maxwell, Senior News Director

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