Home » News » Oklahoma Open Primary Initiative Fails to Qualify for Ballot | SQ 836 Update

Oklahoma Open Primary Initiative Fails to Qualify for Ballot | SQ 836 Update

Oklahoma voters will not see an open primary system implemented this year. A citizen-led effort to allow all registered voters to participate in primary elections, regardless of party affiliation, fell short of the required signatures, the Oklahoma Secretary of State’s Office announced on March 5. State Question 836, which would have placed all candidates for an office on the same ballot, failed to qualify for the ballot after only 142,567 of the nearly 210,000 submitted signatures were validated.

The shortfall comes as Oklahoma lawmakers are considering a measure that would constitutionally enshrine the state’s existing semi-closed primary system. House Joint Resolution 1019, passed through committee on the same day the State Question 836 failure was announced, would require a statewide vote to alter the current system. This move effectively preempts further attempts to open primaries through citizen initiatives, at least in the immediate future.

The signature verification process has drawn scrutiny, with nearly 70,000 signatures deemed invalid by Western Petition Systems, the private third-party firm contracted by the state. Founded by long-time pollster Bill Shapard, Western Petition Systems has been touted by state officials as a cost-effective modernization of the signature verification process, but concerns are growing about potential delays and errors that could disenfranchise eligible voters.

Andy Moore, CEO of Let’s Fix This, a nonpartisan nonprofit focused on voting and civic engagement, pointed to recent legislative changes as contributing factors to the initiative’s failure. “It was Senate Bill 518…that changed what counts as far as a valid signature,” Moore said, explaining that the bill increased the data points required to match a signature to a voter’s registration file from three out of five to four out of five. The required data points include first name, last name, house number, zip code, and month and day of birth.

New Rules Complicate Ballot Initiatives

The changes implemented in 2020, coinciding with the arrival of Western Petition Systems, and further refined by Senate Bill 518 in 2024, have demonstrably raised the bar for citizen-led initiatives to reach the ballot. Moore expressed frustration, stating sarcastically, “And big surprise, it was too tight to qualify.”

This isn’t the first time a citizen-led initiative has faced hurdles in Oklahoma. In March 2023, State Question 820, which sought to legalize recreational cannabis, failed to pass with approximately 60% of voters rejecting the measure. However, State Question 832, aiming to raise the state minimum wage to $15 an hour by 2029, is slated to appear on the June 16 ballot this year, demonstrating that initiatives can still succeed. News On 6 reported on the failure of State Question 836.

Legislature Considers Constitutionalizing Current System

The passage of House Joint Resolution 1019 through committee signals a clear intent by some lawmakers to solidify Oklahoma’s existing semi-closed primary system. If passed by the full legislature, signed by the governor, and subsequently approved by a majority of voters, the resolution would enshrine the current system in the state constitution. This would require a future citizen initiative to not only gather the necessary signatures but also amend the constitution to allow for open primaries.

A spokesperson for Vote Yes 836 indicated the group is evaluating its options, considering both legal challenges and resource allocation. The outcome of House Joint Resolution 1019 will likely shape the future of primary elections in Oklahoma, potentially limiting voter access and reinforcing partisan control.

The debate over Oklahoma’s primary system highlights a broader national conversation about voter access and the role of political parties in the electoral process. The failure of State Question 836, coupled with the legislative move to codify the existing system, suggests a continued preference for partisan control in Oklahoma elections.

What comes next for Oklahoma’s election laws will depend on the progress of House Joint Resolution 1019 through the legislature and the outcome of any potential legal challenges. Voters should stay informed about the debate and participate in the upcoming elections to voice their preferences. Share your thoughts on this developing story in the comments below.

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