Oklahoma primary reform initiative draws GOP ire, Democratic praise

The Oklahoma Republican Party is asking the Oklahoma Supreme Court to throw out a primary reform ballot initiative.

In a 21-page lawsuit filed Wednesday afternoon, attorneys Trevor Pemberton and Benjamin Sisney argue that the primary system proposed in State Question 836 would force political parties to associate with candidates against their will. The petition also alleges that the gist and ballot title of the initiative petition are misleading and do not adequately explain how the proposal would affect general elections.

State Question 836, which completed its 90-day challenge period on Wednesday, proposes placing all congressional, statewide and county candidates on a single primary ballot. The top two candidates would advance to the general election regardless of party affiliation. Backers of the effort hope the system would be in place in time for the 2028 general election cycle.

“The ballot conveys to voters that candidates are affiliated with and registered with a political party, regardless of whether the party so wishes,” the lawsuit reads. “That ballot imposes severe burdens on the protected First Amendment freedoms of a political party and its members, weakening the link between candidates and the party’s platform.”

Chief Justice Dustin Rowe has not yet set a deadline for a response or a date for oral arguments.

In a written statement, the Yes on 836 campaign called the lawsuit a political maneuver and said similar primary reform proposals have overcome legal challenges. Margaret Kobos, founder of the voter advocacy nonprofit Oklahoma United and proponent of State Question 836, said the campaign will file a response in the coming weeks.

“This lawsuit is a last-ditch effort to preserve a broken status quo,” Kobos said. “But Oklahomans are ready for a system that works for everyone. We will defend this measure in court and continue building a movement across the state.”

The Oklahoma Democratic Party has not taken a formal stance on State Question 836, but chairwoman Alicia Andrews has said she supports measures that encourage voter participation. The Libertarian Party of Oklahoma opposes State Question 836 but prefers that it’s rejected by voters, chairman Chris Powell told Oklahoma Watch in an email.

It will likely take months for the court to hear arguments and issue a ruling. If the ballot initiative is allowed to proceed, petitioners will have 90 days to collect 172,993 signatures.

Oklahoma Watch (OklahomaWatch.org) is a nonprofit, nonpartisan news organization that covers public-policy issues facing the state.