Oklahoma Supreme Court Upholds Legal Sufficiency of State Question 836, Paves Way for Signature-Gathering

September 25, 2025 | On September 16, 2025, the Oklahoma Supreme Court issued its opinion in Oklahoma Republican Party, et al. v. Setter, et al. (2025 OK 56; Initiative Petition No. 448, State Question 836), holding that the petition is legally sufficient for circulation and signature gathering. The Court accepted the arguments advanced by Robert G. McCampbell, who conducted the oral argument, and Amelia A Fogleman, who was the lead brief writer, regarding critical First Amendment issues.

State Question 836 seeks to replace Oklahoma's closed primary system with a new "open primary" system. Under the proposal, all candidates for political offices would appear on the same primary ballot, regardless of party affiliation; any registered voter would be able to vote in such primary, regardless of party affiliation; and the top two candidates with the most votes would advance to the general election, regardless of party affiliation.

In rejecting the argument that State Question 836 might be unconstitutional, the Court explained, "Proponents' asserted interests in allowing independent voters to participate, in electing the most popular candidates, in gaining efficiency, in increasing voter participation and turnout, in providing voters with greater choice, and in promoting fairness is sufficient to pass constitutional muster."

"The people's right to propose law and amendments to the Oklahoma Constitution through the initiative process is precious, and any doubt as to the legal sufficiency of an initiative petition should be resolved in its favor," wrote Justice Douglas Combs for the majority.

"We are very pleased with the Oklahoma Supreme Court's decision. This is a major step toward giving all Oklahoma voters a voice in their primary elections," said Amelia A. Fogleman, Shareholder at GableGotwals.

"State Question 836 is important for our state. Among other things, it will give the 488,000 Oklahomans who are registered as independent a constitutional right to vote in primary elections," said Robert McCampbell, Shareholder at GableGotwals.

As a result of the Supreme Court's decision, State Question 836 may now move forward to signature gathering. Proponents will have 90 days to gather nearly 173,000 valid signatures from registered Oklahoma voters. The Oklahoma Secretary of State will issue a formal order announcing when the signature-gathering period will begin.

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