By Barbara Hoberock, Oklahoma Voice
OKLAHOMA CITY – Critics of a proposed constitutional amendment that could open the state’s primary elections have asked the Oklahoma Supreme Court to toss it out.
The Oklahoma Republican Party and Ronda Vuillemont-Smith, former chair of the Tulsa County Republican Party, sued on Wednesday, the last day of the protest period, to block State Question 836.
Their lawsuit alleges the petition violates “the U.S. Constitution by forcing political parties to unwillingly associate with political candidates in violation of the First Amendment rights of political parties’ and their members.”
The suit alleges the ballot title and gist of the petition are misleading and insufficient.
The proposed state question seeks to open Oklahoma primaries to all voters. Under the proposal, the top two vote getters would advance to the general election, regardless of political affiliation. Voters would only be able to choose one candidate for each office.
Presidential elections would be unaffected.
Supporters of State Question 836 need 172,993 signatures to get the measure on a future ballot.
The lawsuit alleges that if the state question passes, not only would anyone be able vote for any candidate, they could register and run under any party’s banner, without a nomination or endorsement.
It violates the petitioners’ First Amendment associational rights, the suit said.
The proposal is a radical change to Oklahoma elections, the suit said. That change is not adequately disclosed in the gist and ballot title, the suit said.
“This challenge is not about the law – it’s about control,” said Margaret Kobos, founder of Oklahoma United, a nonprofit backing State Question 836. “Oklahomans are tired of decisions being made in low-turnout primaries in which they can’t even cast a vote.
“State Question 836 threatens a system that benefits only entrenched insiders at taxpayer expense, and so it’s unsurprising they’re doing everything they can to stop it.”
