or…the newest attempt to bring ranked choice voting to Oklahoma, and destroy the electoral choice process.
by Wendi Montgomery Dial, Deputy State Director Restore Liberty Oklahoma
An investigative and opinion piece.
The fight to keep Oklahoma as free and fair as we possibly can under the current election system we utilize for choosing our representatives and electing our public officials is a never-ending quest.
Make no mistake. Our elections are still compromised. The election that just took place on November 5th appears to be no exception to that rule. Until we eliminate the voter rolls, or at the very least re-register all voters to vote, get rid of easily hackable election machines and hand count ballots at the precincts, severely restrict absentee ballot voting, eliminate early voting and enforce the US Constitution which delineates a single ‘Election Day’, our elections are quite simply an exercise in ignoring the consent of the governed. The implications of that are profound in and of themselves, but, in Oklahoma, we have a new old problem attempting to make a comeback.
Open Primaries.
There is an organization called Oklahoma United that has a visually appealing and slick campaign, utilizing key leftist buzzwords like ‘democracy’, that has filed an initiative petition with the Secretary of State in the first stages of an attempt to create an open primary system. In a poorly attended-except for every legacy press outlet in Oklahoma-press conference event on Tuesday of this past week at the Oklahoma History Center, the group gave misleading remarks on the closed primary system in Oklahoma, attempting to convince people that a choice some people in Oklahoma voluntarily make to not join a major political party is somehow someone else deliberately disenfranchising them from elections in which they themselves make a conscious choice not to participate.
Why an initiative petition? Because there’s no way in the world that the Oklahoma legislature would ever pass a bill to ask the citizens of this state to rewrite the language of our Constitution in Article 3, to open our primary elections in a free-for-all to water down the rights of Oklahoma citizens to vote for strong candidates of the parties and platforms of their choice. Open primaries, among other detrimental effects, render the parties and their platforms useless in the long run, as the candidates get watered down using the false narrative of ‘electability’ over principal.
Interestingly enough, the initiative petition managed to be assigned the title of State Question 835 less than 24 hours after being filed. There is a campaign committee that has been formed in order to push this out to the public and try to convince 172,993 voters to sign the petition within 90 days of the Secretary of State’s word ‘Go!’ in order to put this proposed change on the November 2026 ballot. Given our bloated voter rolls and issues that continue to plague our elections, it is not certain that all 172,993 signatories will be bona fide voters and not ghosts or phantom voters, those excess or fabricated names on the registration lists that Jerome Corsi dubs ‘clones’.
I wonder who is funding this group? When I go to the website, there are no people listed as the leaders of the effort, unlike other grassroots efforts across the state. This effort has multiple social media accounts and has been around for over a year, but the YouTube channel only has 14 followers, the Facebook page a little over 300. It doesn’t appear to be attracting enough attention to warrant the press pool that showed up to the press conference Tuesday.
The process by which the petition lays out to open the primaries has the dual effect of acting as a type of ranked choice voting system rather than the parties choosing their candidates to run against each other in the general election, with independents and other parties’ nominees going through the process laid out in Title 26 to be included on the ballot. If all nominees for a particular office are on a single ballot and the voter gets a single choice for that race with the top 2 vote getters moving onto the general election then we have a situation where a single party can dominate the race in November, or the less popular candidate of the party can move on when normally they would be eliminated. The general then becomes a runoff instead of a clear race between two opposing party platforms and there is no choice for the voters to reject a position in November.
Other disturbing details about the petition are as follows:
‘Article 3 Section 3’ of the Constitution of Oklahoma becomes ‘Article 3 Section 3A’.
Why?
Is there going to be a Section 3B that will come later? And if so, why isn’t it out there now? This gives away that there is a longer term plan by this group that they are not sharing with the voters, and that’s curious from a group that claims to want transparency in our elections. The claim is that the proposed petition language will not impact the race for President, but that is clearly a false statement. More on that shortly.
Section 2 Part C states: ‘The two candidates who receive the most votes in the open primary election shall advance to the general election, without regard to their affiliation or lack of affiliation with any political party and without regard to whether the candidates have been nominated or endorsed by any political party.’ This completely destroys the influence of both major parties and we end up with no way to vet candidates or hold them accountable to following the platform of either party.
The flyer for this petition also contains a severability clause which states that this proposal is a constitutional amendment that overrules any conflicting state statute. The group claims lawyers made them add it. One of the speakers was the CEO of Oklahoma United, and it appears that she is a lawyer. This is rather odd.
Now to address the largest concern for the citizens of Oklahoma regarding this petition. This group claims that this petition will not affect Presidential elections. This is not true at all.
Section 5 of this petition is a Repealer. It states that Article 3, Section 3 of the Oklahoma constitution is repealed. It doesn’t say *part* of it is repealed. It says it ‘is repealed’. Why is this group misleading the citizens of Oklahoma by this statement on the first page at the bottom explaining Section 1 Application: ‘We are proposing to reform Oklahoma’s system of “closed primaries” for statewide, county and both state and federal legislative offices. Our proposal won’t impact races for president, mayor, judges, or school board.’
Won’t affect Presidential elections?
What is the text of Article 3, Section 3? From Ballotpedia:
Text of Section 3:
Mandatory Primary System – Nomination of Candidates
The Legislature may enact laws providing for a mandatory primary system which shall provide for the nomination of all candidates in all elections for federal, state, county and municipal offices, for all political parties, except for the office of Presidential Elector, the candidates for which shall be nominated by the recognized political parties at their conventions. The Legislature also shall enact laws providing that citizens may, by petition, place on the ballot the names of independent, nonpartisan candidates for office, including the office of Presidential Elector.
According to the US Constitution, Article 2 Section 1, ‘Each state shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.”
Why is this petition repealing Article 3 Section 3 in it’s entirety? This is not an oversight. Repealing this part of the Oklahoma Constitution and replacing it with State Question 835 as written would effectively get rid of the way Oklahoma chooses its Presidential electors, through the parties, both in the Oklahoma Constitution and in Title 26, because the petition specifically states that the petition overrides any state statute in conflict with it. The replacement process for Presidential electors? There is none in this petition. The petition states that it won’t affect the way our electors are chosen. The way they are chosen is laid out in Article 3 Section 3 which, I don’t think it can be overstated, is completely repealed by this petition. The process laid out in Article 3 Section 3 is simply reiterated in Title 26. If the group didn’t want to affect the way electors are chosen then why didn’t they keep the language on electors or rewrite it in their proposal? The ramifications of the way this petition is written are unclear and seem designed to land it in a court of law for clarification, further taking the process out of the hands of the citizens and parties.
Below is an excerpt from law.justia.com of Title 26 Section 10 that addresses Presidential electors. This is solely the legislature’s duty according to the US Constitution. Please note the specific language that mentions the electors ‘chosen by the parties’ and read all the way through. If this petition passes, it would, by repealing Article 3 Section 3, strike all of this language as the inferior law conflicting with the petition and replace it with? Nothing they wish you to see right now.
We have national movements ongoing to pressure state legislatures to both disenfranchise citizens by having states sign pacts to pledge their electors to whoever wins the popular vote nationally, and also to abolish the electoral college. If this petition passes, this would leave the Oklahoma constitution wide open to these fringe movements attempting to bring pure democracy to America. Democracy destroys individual rights of the citizens, as our founding fathers very well knew, and they created our Constitution to avoid it at EVERY turn. Do you see WHY cleaning up our elections is so important? These petitions can be pushed through, illegally, through rigged elections against the will of the People, without their consent, necessary in the Declaration of Independence for legitimate governance, and our individual rights can ultimately be ripped from the citizens by leftists who wish to bring communism and leftism to our children. Tie in the Oklahoma Supreme Court judges races of Nov 5 and their questionable data and results. Why would people vote to retain two liberal Supreme Court judges and barely vote NOT to retain just one? THINK. The answer is…they wouldn’t.
§2610101. Nomination of Presidential Electors Certification.
The nominees for Presidential Electors of any recognized political party shall be selected at a statewide convention of said party in a manner to be determined by said party. The nominees for Presidential Electors shall be certified by said party’s chairman to the Secretary of the State Election Board no fewer than ninety (90) days nor more than one hundred eighty (180) days from the date of the General Election at which candidates for Presidential Electors shall appear on the ballot. Failure of a political party to properly certify the names of its nominees for Presidential Electors within the time specified shall bar such party from placing any candidates for Presidential Electors on the ballot at said election. Candidates for Presidential Electors seeking to appear on the ballot as uncommitted shall be entitled to have their names placed upon the ballot at a General Election by observing the following procedure:
1. No later than July 15 of a presidential election year, petitions seeking ballot access for said uncommitted candidates for Presidential Electors, in a form to be prescribed by the Secretary of the State Election Board, shall be filed with said Secretary, bearing the signatures of registered voters equal to at least three percent (3%) of the total votes cast in the last General Election for President. Each page of said petitions must contain the name of registered voters from a single county.
2. Within thirty (30) days after receipt of said petitions, the State Election Board shall determine the sufficiency of said petitions. If said Board determines there are a sufficient number of valid signatures of registered voters, the nominees for Presidential Electors are entitled to appear on the ballot at the next following General Election at which candidates for Presidential Electors shall appear on the ballot.
Laws 1974, c. 153, § 10101, operative Jan. 1, 1975; Laws 1977, c. 136, § 1.
§2610101.1. Candidates pledged to Independent candidate for President.
The names of a slate of candidates for the office of Presidential Elector pledged to an Independent candidate for President of the United States shall be printed on the ballot only by observing the following procedure:
1. No later than July 15 of a presidential election year, petitions signed by a number of registered voters supporting the candidacy of said candidate for President of the United States equal to at least three percent (3%) of the total votes cast in the last General Election for President shall be filed with the Secretary of the State Election Board. The form of said petitions shall be prescribed by the Secretary. Each page of said petitions must contain the names of registered voters from a single county.
2. Within thirty (30) days after receipt of said petitions, the State Election Board shall determine the sufficiency of said petitions.
3. If the petitions are found to be sufficient, the Independent candidate for President of the United States shall, no later than September 1, certify to the Secretary of the State Election Board the names of the nominees for Presidential Elector pledged to him and the name of his Vice Presidential running mate. Each candidate for Presidential Elector so nominated shall subscribe to an oath stating that, if elected, he will cast his ballot for the candidate who nominated him and for said candidate’s Vice Presidential running mate. Said oath shall be filed with the Secretary of the State Election Board no later than September 15.
Laws 1977, c. 136, § 4.
§2610101.2. Printing names of Presidential Electors pledged to nominee of unrecognized political party Procedure.
The names of a slate of candidates for the office of Presidential Elector pledged to the nominee of a political party not recognized under the laws of the State of Oklahoma for President of the United States shall be printed on the ballot only by observing the following procedure:
1. No later than July 15 of a presidential election year, petitions signed by a number of registered voters supporting the candidacy of said nominee for President of the United States equal to at least three percent (3%) of the total votes cast in the last General Election for President shall be filed with the Secretary of the State Election Board. Notice of intention to circulate petitions shall be filed with the Secretary of the State Election Board before such petitions may be circulated. The form of said petitions shall be prescribed by the Secretary. Each page of said petitions must contain the names of registered voters from a single county.
2. Within thirty (30) days after receipt of said petitions, the State Election Board shall determine the sufficiency of said petitions.
3. If the petitions are found to be sufficient, the nominee for President of the United States shall, no later than September 1, certify to the Secretary of the State Election Board the names of the nominees for Presidential Elector pledged to him and the name of his Vice Presidential running mate. Each candidate for Presidential Elector so nominated shall subscribe to an oath stating that, if elected, he will cast his ballot for the candidate who nominated him and for said candidate’s Vice Presidential running mate. Said oath shall be filed with the Secretary of the State Election Board no later than September 15.
Added by Laws 1985, c. 269, § 2.
§2610102. Oath for Presidential Electors.
Every party nominee for Presidential Elector shall subscribe to an oath, stating that said nominee, if elected, will cast his ballot for the persons nominated for the offices of President and Vice President by the national convention of his party. Said oath shall be notarized by a notary public and filed with the Secretary of the State Election Board no fewer than ninety (90) days prior to the General Election. Failure of any party nominee to take and file said oath by said date shall automatically vacate his nomination and a substitute nominee shall be selected by the state central committee of the appropriate political party. It shall be the duty of the Secretary of the State Election Board to notify the chairman of the state central committee of the failure of any nominee to file said oath.
Laws 1974, c. 153, § 10102, operative Jan. 1, 1975; Laws 1977, c. 136, § 2.
§2610103. Election of Presidential Electors.
On the first Tuesday after the first Monday in November in each year next preceding the expiration of the term of office of each President of the United States, the registered voters of this state shall elect a number of electors for President and Vice President equal to the number of United States Senators and United States Representatives which the state is entitled to elect. Said electors shall be elected in the same manner as is provided for state officers.
Laws 1974, c. 153, § 10103, operative Jan. 1, 1975.
§2610104. Qualifications.
The electors for President and Vice President, hereinafter referred to as Presidential Electors, shall be registered voters of Oklahoma; provided, however, that no United States Senator or United States Representative or person holding an office of trust or profit under the United States shall be a Presidential Elector.
Laws 1974, c. 153, § 10104, operative Jan. 1, 1975.
§2610105. Ballots.
At any General Election in which Presidential Electors are to be elected, the State Election Board shall provide ballots on which the names of the Presidential Electors of each political party shall be bracketed adjacent to the names of said party’s candidates for President and Vice President. The names of the Independent nominees for Presidential Electors shall be bracketed adjacent to the names of the candidates for President and Vice President for whom they have subscribed an oath to cast their ballots or bracketed adjacent to the word “Uncommitted” in the event said nominees are uncommitted. Said ballots shall, in all other respects, have the appearance of ballots used for state officers.
Laws 1974, c. 153, § 10105, operative Jan. 1, 1975; Laws 1977, c. 136, § 3.
§2610106. Certificates of Election.
Certificates of Election issued by the State Election Board to Presidential Electors shall be transmitted to such electors by the Governor.
Laws 1974, c. 153, § 10106, operative Jan. 1, 1975.
§2610107. Electors to meet Duties.
Persons chosen as Presidential Electors shall meet at 10:00 a.m. in the Governor’s office at the time appointed by the laws of the United States and cast their votes in the manner therein provided and perform such duties as may be required by law. Each such Elector shall receive mileage reimbursement at the rate as provided for state employees, said reimbursement to be paid from funds appropriated to the Office of the Governor.
Amended by Laws 1983, c. 171, § 17, emerg. eff. June 6, 1983.
§2610108. Vacancies.
In the event any Presidential Elector fails to meet at the Governor’s office at the prescribed time, it shall be the duty of such Electors present at the time and place aforesaid to appoint a person to fill such vacancy.
Laws 1974, c. 153, § 10108, operative Jan. 1, 1975.
§2610109. Penalty.
Any Presidential Elector who violates his oath as a Presidential Elector shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than One Thousand Dollars ($1,000.00).
Laws 1974, c. 153, § 10109, operative Jan. 1, 1975.
There are many reasons that the voters of Oklahoma should reject this petition drive and attempt to make Oklahoma primaries open, especially the way this particular petition is written. Please do not sign this petition. And if it does get the signatures and ends up as State Question 835 on the ballot in November of 2026, please, respectfully, vote no. We need to protect the parties constitutional right to choose their own electors and their own candidates for office and more importantly protect our individual rights as the ultimate governing voice in this nation.
This article was first published by Restore Liberty Oklahoma.
Wendi Montgomery Dial is the Oklahoma Deputy State Director for Restore Liberty
