OKLAHOMA CITY – Two state lawmakers – one a state representative and the other a state senator – are among the seven candidates seeking to win the Republican primary for state school superintendent.
But before they get to fight it out in the GOP primary race, Rep. Toni Hasenbeck and Sen. Adam Pugh are going to a hearing. Last week, Hasenbeck filed a petition against Pugh, challenging the senator’s ability to serve in a higher office.
The paperwork, filed with the Oklahoma State Election Board, asks the board to say that Pugh is ineligible for the superintendent’s office. Hasenbeck, a Republican from Elgin, wrote that Pugh, a Republican from Edmond, is prohibited under the Oklahoma Constitution from being elected to a new state office during his legislative term.
In a media statement announcing the petition, Hasenbeck said her complaint is grounded in Article 5, Section 23, of the Oklahoma Constitution. That part of the constitution includes language prohibiting a member of the Legislature from being elected to a new state office during the term of their legislative office if the emoluments (that is, their pay) for the new office have been increased during the legislator’s current term.
“ The compensation for the Office of State Superintendent of Public Instruction was raised last year while Senator Pugh was serving in the state Senate,” Hasenbeck wrote. “Pugh’s current Senate term runs through November 2028, but, if elected, he would assume office as State Superintendent in January 2027, thus triggering the Constitutional bar.
“My work as Superintendent — and even now as a candidate — will be guided by the principles of the Oklahoma and United States Constitutions,” Hasenbeck said. “I am committed to upholding constitutional standards in this race and in every aspect of public service. The rule of law must be upheld, regardless of position or party.”
Records show that both Pugh and Hasenbeck were in office during the same time that the Statewide Official Compensation Commission voted to increase the state superintendent’s salary from $124,373 to $250,000.
Hasenbeck acknowledges this in her petition, arguing that the constitutional provision applies when a legislator’s term overlaps with an office’s election and term if the office’s salary was increased during the lawmaker’s legislative term. Under Hasenbeck’s argument, the provision would not apply to her because her term in the House ends on Nov. 18, 2026, meaning it does not overlap with the state superintendent’s term, which will begin in January 2027.
Pugh, who serves as chairman of the Oklahoma Senate’s Education Committee, countered that Hasenbeck’s petition was a weak campaign stunt that she had been telegraphing for weeks. “Toni knows she’s a Democrat to her core, and attempting to eliminate a true conservative Republican from the race by contesting my candidacy is ridiculous,” Pugh said. “Toni is a lifelong Democrat and only registered as a Republican when it was convenient for her next race. I’m running to improve education outcomes in Oklahoma, while she’s running to play games and hide from her lack of success. Oklahomans can see through this.”
The hearing is set for 9 a.m. April 16 at the Oklahoma State Capitol.