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NICHOLS v. ZIRIAX

Case No. 120,646.

518 P.3d 883 (2022)

2022 OK 76

Michelle Tilley NICHOLS and Michelle Jones, Petitioners, v. Paul ZIRIAX, Secretary of the Oklahoma State Election Board; Tom Montgomery, Chairman of the Oklahoma State Election Board; Tim Mauldin, Vice Chairman of the Oklahoma State Election Board; Heather Mahieu Cline, Member of the Oklahoma State Election Board; Jerry Buchanan, Alternate Member of the Oklahoma State Election Board; Debi Thompson, Alternate Member of the Oklahoma State Election Board; and the Honorable J. Kevin Stitt, Governor of Oklahoma, Respondents.

Supreme Court of Oklahoma.

As Corrected: September 29, 2022.

Attorney(s) appearing for the Case

Melanie Wilson Rughani , CROWE & DUNLEVY, Oklahoma City, Oklahoma, for Petitioners.

Zach West , Solicitor General, and Thomas R. Schneider , Deputy General Counsel, OFFICE OF ATTORNEY GENERAL, Oklahoma City, Oklahoma, for Respondents.

Denise Lawson , GLENN COFFEE & ASSOCIATES, PLLC, Oklahoma City, Oklahoma, for Amici Curiae, State Chamber Research Foundation Legal Center, the Oklahoma Farm Bureau Legal Foundation, and the Oklahoma Cattleman's Association.

FACTUAL BACKGROUND

¶1 On January 4, 2022, Petitioners Michelle Tilley Nichols and Michelle Jones filed Initiative Petition No. 434, State Question No. 820, which if approved by voters would legalize, regulate, and tax marijuana used recreationally by adults through the enactment of new law to be codified...

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