By Steve Fair On June 24, the Oklahoma Supreme Court heard oral arguments in a lawsuit filed by the Oklahoma Republican Party challenging the constitutionality of State Question 836.
Justices did not immediately issue a ruling.
SQ 836 aims to change Oklahoma’s primary election system from closed primaries to an open system.
The OKGOP maintains that SQ 836 violates the First Amendment rights of the association by forcing the party to accept votes from those not registered with the party.
They contend political parties have the right to determine who participates in their nomination process.
Proponents of SQ 836 were represented by former U.S. Attorney Robert McCampbell, who pointed out that the U.S. Supreme Court has ruled that a toptwo primary system does not violate political party associational rights. Three observations: First, changing the primary election will move Oklahoma to the left. The motivation behind SQ 836 is because Democrats are losing at the ballot box. D’s tried, with limited success, to get their candidates to run as Republicans.
That made it difficult for primary voters to identify the sheep from the goats. The Democrats’ next strategy is to eliminate branding.
They want to make party affiliation insignificant. They want to blur and obscure a candidate’s values/positions so they can get more progressives elected.
SQ 836 is the springboard to a more liberal state government. No true conservative is supporting it.
Second, changing the primary election will promote hijinks. SQ 836 would increase the practice of candidates deceitfully positioning themselves as conservatives to win elections. SQ 836 is a Trojan house. Proponents are selling the fairness, harmlessness and benefits of it but fail to disclose the hidden dangers and malicious intent it actually promotes. SQ 836 would encourage candidates to practice deceit and chicanery.
It is already next to impossible to discern the genuine from the bogus in the current system. Flipping to a primary where those not registered in a party can determine the party’s nominee is asinine.
Third, changing the primary election will empower special interests. Proponents of SQ 836 trumpet how it will bring fairness, equity and honesty to the primary system, but what is fair about a system where those who don’t want to be a part of an organization want to tell that organization how to operate? SQ 836 would draw special interest money like flies to sugar. Mass marketing of empty-suit lightweights would put the power in the hands of big donors.
Trade associations and industries are already buying legislative seats in Oklahoma, SQ 836 would take it to the next level.
SQ 836 isn’t about fairness — it’s about control. It’s about winning elections. Every registered voter in Oklahoma already can participate in primary elections, they just have to register with the party that aligns with their values. That is just common sense.
Outsiders shouldn’t pick a party’s nominee. SQ 836 is a scam promoted by flimflam artists. Unfortunately, some of those bilkers have an R by their name. If the Oklahoma Supreme Court rules against the OKGOP, then SQ 836 advocates will start gathering signatures to get it on the ballot. They have to gather 173,000 statewide in a short window. Oklahomans should decline, reject, repudiate and spurn requests to put their John Hancock on the petition, not matter how persuasive the solicitor. SQ 836 is not OK.
Steve Fair is vice chairman of the Fourth District of the Oklahoma Republican Party. He can be reached at steve.fair@ymail.com. His blog is stevefair.blogspot.com.