(concurring specially).
Respondents and Amici Curiae have submitted citations from other jurisdictions which they contend sustain the proposition that Initiative Petitions to amend the Constitution of the State of Oklahoma may be submitted to the people at either general elections or a special election held on the same day as the general election by a Proclamation of the Governor, and I deem it appropriate to consider these cases in conjunction without constitutional provisions.
Cited as authority is In re Todd, 208 Ind. 168, 193 N.E. 865, wherein the Supreme Court of Indiana said:
“ * * * in the absence of some constitutional requirement that proposals to amend (Constitution) be submitted at general elections the General Assembly cannot, by providing for submission at such time, overturn the result, of the voters’ decision on the adoption of amendment by requiring such adop*833tion to depend upon the vote on political candidate.”
Amici Curiae state that the above case further holds that this was true “even though the submission be on the day of a general election and even though the machinery at the general election be used to poll, canvass, and return the votes cast on the election on the amendment.”
The particular language construed by the Indiana Court was: “It shall be the duty of the general assembly to submit such amendment or amendments to the electors of the state; and if a majority of said electors shall ratify the same, such amendment or amendments shall become, a part of the constitution.”
It is to be observed that the Indiana Court said, “ * * * in the absence of some constitutional requirement that proposals to amend (Constitution) be submitted at general elections * * In discussing this, the Court further said, “In short, the effect of omitting any reference to a general election is to treat a submission of a proposed amendment as a separate and distinct election, even though the admission be on the day of a general election * * *.”
Under Article S, Sec. 3, of our Constitution, “All elections on measures referred to the people of the State shall be had at the next election held throughout the State, except when the Legislature or the Governor shall order a special election for the express purpose of making such reference.” Also, under Article 24, Sec. 1, of the Constitution, which relates to constitutional amendments proposed by the Legislature, this language is used, “ * * * and referred by the Secretary of State to the people for their approval or rejection, at the next regular general election, except when the Legislature, by a two-thirds vote of each house, shall order a special election for that purpose.”
It is apparent that under our Constitution a proposal to amend the Constitution shall be submitted at the next general election unless submitted at a special election. If the Governor or the Legislature does not order a special election, the proposal will, be submitted by operation of the Constitution and laws implementing and vitalizing-the Constitution. Therefore, the Indiana case above cited is not authority for the is- - sue involved in the instant action.
Cited as authority is Houston v. Boltz, 169 Ky. 640, 185 S.W. 76, wherein the Kentucky Court of Appeals held that an election, specially called under Sec. 157a of-the Constitution on the propositions to issue road and bridge bonds was properly held on the same day with the General November Election, and was none the less a “Special Election”, which is an election held to supply a vacancy in office occurring before the expiration of the full term for which the incumbent was elected, or an election at which some question or proposition is submitted.
Section 157a, supra, authorizes the issuance of bonds for the construction of public, roads and bridges, provided the indebtedness, is approved by the voters of the county at a special election for that purpose. It further provides that the election shall be, held “in such a manner as may be provided ' by law”. The Court pointed out that Sec. 4307 of the Kentucky Statutes was enacted for the purpose of carrying out Sec. 157a, of the Constitution and that said statutory provision “nowhere requires the special election to be held upon a day different from the general election.”
Also cited is Furste v. Gray, 240 Ky. 604, 42 S.W.2d 889, wherein the Kentucky Court of Appeals said:
“That time for holding election to fill vacancy in General Assembly may be fixed for same day as general election does not prevent it from being 'special election.’ ”
The Furste case involved a special elec-, tion for the unexpired term of a State Senator. It was pointed out that under the-Kentucky law that when a vacancy happens in either branch of the General Assembly during session, the presiding officer of the house in which the vacancy occurs shall issue writ of election, and that, if the General *834Assembly is not in session, the writ shall be issued by the Governor. It was also pointed out that the time for holding the election was not fixed by law but that the statute relating to issuance of writ of election to fill a vacancy in the General Assembly was mandatory. Since it was mandatory the Court said that issuance of the writ of election was a condition precedent to holding a valid election.
Neither of the above Kentucky cases involve a proposal to amend the Constitution and if a proposal were made to amend the Constitution it would require for adoption only a majority of the votes cast for and against the proposed Constitutional Amendment, (See Sec. 256 of the Kentucky Constitution); whereas our Constitution requires a majority of the votes cast in such election, if the election is held at the general election. Neither does the Kentucky Constitution provide that a special election may be called upon a proposed Constitutional Amendment.
It is also pertinent to note that it is mandatory that issuance of the writ of election was a condition precedent to holding a valid election in the Furste case. As previously pointed out, unless the Governor or the Legislature orders a special election, by operation of our Constitution and our statutory provisions, a proposed amendment to the Constitution must be voted on at the next general election.
The case of Wilson v. Wasco County, 83 Or. 147, 163 P. 317, does not support Respondent’s contention in the instant action. That case involved the issuance of road bonds by a county and did not involve a proposal to amend the Constitution. However, the Constitution of Oregon, art. 4, § 1, provides for a constitutional amendment by election through the initiative petition process and specifically provides: “All elections on measures referred to the people of the state shall be had at the biennial regular general elections, except when the Legislative Assembly shall order a special election. Any measure referred to the people shall take effect and become the law when it is approved by a majority of the votes cast thereon, and not otherwise.” (Emphasis added.)
Therefore, whether a constitutional amendment is submitted in the State of Oregon at the general election or a special election, its adoption requires a majority of the votes cast thereon, and does not require a majority of the votes cast in such election as required by the Constitution of the State of Oklahoma.
None of the cases cited by Respondents and Amici Curiae involve or determine the basic and fundamental issue in the instant action as that issue is set forth in the majority opinion. The cases cited by Respondents and Amici Curiae places a construction on the language employed in the Constitution and statutory provisions of other states; whereas, we must place a construction on our Constitution and statutory laws implementing and vitalizing our Constitutional provisions.
There is a well recognized difference in the actual result of the method of counting votes on measures or constitutional amendments properly voted on at a general election and those voted on at a special election, that is, an election date specially fixed and called for the special purpose of considering such a matter. In each instance the votes must be counted and a result reached as provided in the Constitution, and it has never been held to the contrary.
It has been repeatedly held and understood and acquiesced in for more than half a century by voters and elected officials and all other officials that when a constitutional amendment is initiated by the people and is properly submitted and voted upon by the electors at a general election that in order to be passed and approved as an amendment to our Constitution it must receive the favorable vote of a “majority of all the electors voting at such election.”
Article XXIV of the Constitution is devoted to the subject of constitutional amend*835ments. It is provided in Section I, of that article as follows:
“Any amendment or amendments to this Constitution may be proposed in either branch of the Legislature, and if the same shall be agreed to by a majority of all the members elected to each of the two houses, such proposed amendment or amendments shall, with the yeas and nays thereon, be entered in their journals and referred by the Secretary of State to the people for their approval or rejection, at the next regular general election, except when the Legislature, by a two-thirds vote of each house, shall order a special election for that purpose. If a majority of all the electors voting at such election shall vote in favor of any amendment thereto, it shall thereby become a part of this Constitution.
“If two or more amendments are proposed they shall be submitted in such manner that electors may vote for or against them separately.”
And in Section 3 of that Article it is provided as follows:
“Right of amendment by initiative petition not impaired”
“This article shall not impair the right of the people to amend this Constitution by a vote upon an initiative petition therefor.”
Thus it is well provided that a proposal to amend the Constitution may originate in the Legislature or be initiated by the people. But in either instance, by those provisions, the proposed amendment must be adopted by vote of the people, in the manner and to the vote measurement required, before it may become a part of the Constitution.
The last quoted paragraph is important because the proposed constitutional amendment here involved was presented by an initiative petition authorized by that paragraph and other provisions of the Constitution and statutes not contrary thereto. The regular biennial general election of and throughout the State was held on November 6, 1962. The proposed constitutional amendment and all candidates for state office were voted on in every precinct in the State at the same time and place, and with the same election officials and counters serving the precinct and the voters thereof, as at all former general elections. Without question, it was a general election.
Therefore, we have before us the question as to whether the Chief Executive could convert this election into a Special Election as to any one of several matters coming regularly by law upon the ballot and before the people for their votes on that day and at the regular times and places thereof.
The importance of the question and the necessity for a clear determination thereof is made more impressive when we are reminded that a large number of measures and constitutional amendments might be voted on at the same general election with an effort by the Governor to label the general election as a Special Election as to one of such items, but leaving it' to stand as a General Election as to others of such items.
In this connection it is interesting to note that another proposed amendment to the Constitution referred by the Legislature under Article 24, Sec. 1, of the Constitution, was voted on as State Question No. 406, Legislative Referendum No. 135, at the general election on November 6, 1963.
State Question No. 406 and State Question No. 408, both being proposed constitutional amendments, were voted on separately, that is on ballots separate from each other and also on ballots separate from the ballots for the election of officers.
Both questions received substantially more “Yes” votes than “No” votes, but neither received a favorable vote of a majority of all the electors voting at the general election.
However, there was a difference in the Executive Proclamation after the election of November 6, 1962. As to Question No. 406, the Executive Proclamation issued on November 19, 1962, though disclosing that there were more “Yes” votes than “No” *836Votes, it further recited the exact number of “all the electors voting at such election” and declared that it did not receive the constitutionally required majority and did not pass at the November 6, 1962 election.
As to State Question No. 408, the Executive Proclamation recited and demonstrated that there were more “Yes” votes than “No” Votes, but did not recite or set out the exact number of “all the electors voting at such election”, but recited that the total of “Yes” and “No” votes on the question “was the total number of votes cast at said election on State Question No. 408” and stated that this amendment voted as State Question No. 408 did pass and was adopted.
The initiative petition in this case signed by the people stated in the beginning:
“We the undersigned citizens and legal voters of the State of Oklahoma, respectfully order that the following proposed amendment to the Constitution shall be submitted to the legal voters of the State of Oklahoma for their approval or rejection at the regular general election to be held on the 6th day of November, A.D. 1962, or at a special election which might be called for said purpose, and each for himself says:”
In my judgment, this proposed constitutional amendment, initiated by the people, was to be voted on by the people either at a general election or at a special election, other than the general election. There is nothing to indicate in our Constitution, statutory provisions, or the initiative petition, .that it should or could be voted on at both a general election and a special election at the same time and by the same act of the voter by virtue of a Proclamation of the • Governor.
The provision that a special election may be called is a wise one because conditions may arise and have arisen where it was very important to have an early view on some measure or constitutional amendment without waiting for the general election. That is the purpose of the various constitutional and statutory provisions for calling of a special election.
Whether the Legislature could call a special election on a general election day by a two-thirds vote of each house under Article XXIV, Section I, of the Constitution, is not an issue in this case. However, to empower the Governor to call a special election on the day of the general election would vest in him the privilege and authority to determine whether a constitutional amendment should be adopted because a majority, of those who voted on such constitutional amendment favored such amendment, or determine whether such adoption should require a majority of those who voted in the general election. In other words, the Governor would have the privilege and the sole prerogative of determining whether the silent vote should be considered for or against a constitutional amendment. In my judgment the Chief Executive does not have such authority.
I am authorized to state that Mr. WELCH, J., concurs in the views herein expressed.