The Senate failed to produce the two-thirds vote requirement to overturn Gov. Kevin Stitt’s veto of Oklahoma’s tribal tobacco compact during special session Monday morning.

The vote fell short by just one to overturn the veto. The House had voted 74-11 to override the veto earlier in June.

Senate President Pro Tempore Greg Treat asked for senators to vote for the override, adding the state could potentially lose millions. In 2022, the state collected over $57 million in tobacco tax revenues. That money goes toward mental health services, emergency response stabilization and cancer research.

The tobacco compacts bind tribes to purchasing products exclusively from Oklahoma-licensed wholesalers.

“If not extended, they’re under no obligation to buy from these wholesalers that we already collect the tax at the wholesale level. And they would be unwise to continue to do so from a business perspective,” Treat said.

The Senate voted to extend the special session until July 31. Treat said there isn’t a rule that would forbid him from presenting a veto override in the future with more senators there to vote.

Another veto override, one that would extend tribal motor vehicle tag compacts, was on the agenda for Monday’s session, but senators did not take that bill up.

In a statement, Stitt applauded the senate for sustaining the veto, adding his original offer to extend previously negotiated compacts still stands.

“I believe that today’s outcome underscores the state’s commitment to negotiating compacts in good faith, that are beneficial to all parties involved,” Stitt wrote.

Treat had some sharp words for the Governor, who at a press conference the previous week said overriding his veto would be giving away land to the tribes.

"I think it is patently false," Treat said. "And I think that it is a scare tactic."

Treat met with Attorney General Gentner Drummond before the vote to talk about what authority the legislature, the governor or the AG's office has to extend Indian land and the answer is none-that's for congress' job 

"We need to show mutual respect," Treat said. "We cannot bully any tribe into coming to an agreement with us on terms they don't agree to."

Cherokee Nation Principal Chief Chuck Hoskin Jr. wrote in a statement he was disappointed by the vote shortfall, noting a strong majority of legislators in both chambers understand the need to extend both compacts.

Hoskin wrote that with all senators in attendance, he believes the veto will be overridden.

“Cherokee Nation will continue to advocate for the veto overrides, which will prevent disruption to the economy as we work together for a longer-term solution,” Hoskin wrote. “Cherokee Nation remains open to finding win-win solutions as long as they respect our tribal sovereignty.”

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