OKLAHOMA CITY – Enid attorney Stephen Jones isn’t giving up.
Jones, the criminal defense attorney who attempted to stop the election set to replace outgoing U.S. Sen. Jim Inhofe, has returned to court overturn the same election.
Initially, Jones filed his case with the Oklahoma Supreme Court, asking the justices to assume original jurisdiction in the case. Jones, 87, represented himself. He argued that Inhofe’s retirement announcement did not create a vacancy in his U.S. Senate seat. He said the 17th Amendment to the U.S. Constitution makes a particular reference to a vacancy in office and that Inhofe’s yearlong delay didn’t qualify.
Solicitor General Mithun Mansinghani said Inhofe’s announcement of his planned retirement created a vacancy even if that vacancy is in the future. He said Jones’ argument was an attempt to undermine the right of citizens to vote for a U.S. Senate candidate.
On March 24, the state’s high court shot down Jones’ effort. In a unanimous ruling, the court refused to take the case.
Last week, Jones took another run at the effort.
On April 1, Jones filed a motion for summary judgement in Oklahoma City Western District federal court, asking Judge Joe Heaton to issue a permanent injunction that would prevent “the premature and unauthorized special election in 2022 to replace Jim Inhofe.”
“The Governor lacked authority to issue his Proclamation requiring a special election to replace Senator Inhofe prior to Senator Inhofe actually vacating his office,” Jones wrote in court documents.
“Moreover, it should be noted that unlike the presidency, the U.S. Constitution does not provide for an office of “Vice Senator,” i.e., someone who assumes the duties of senator in the event of a vacancy. Therefore, there is no express delegation of authority to the state to call a special election to replace a U.S. Senator that has not yet vacated his or her office,” Jones wrote.
Jones also argued that Oklahoma law doesn’t permit a special election to replace Inhofe prior to Inhofe actually vacating the office.
Just a day before Jones’ documents were filed, he wrote a letter to Republican Gov. Kevin Stitt, applying to be a replacement for Inhofe.
“I believe that I am uniquely qualified to be temporarily appointed as a member of the U.S. Senate from Oklahoma,” Jones wrote, adding that “the fact that a temporary appointment does not involve a grueling election process makes this position desirable to me.”
In his court filing, Jones said his application gave him standing to bring the action.