Paul Ziriax takes no position on the governor’s authority but says uncertainty over an April statewide vote affects election deadlines and costs.
OKLAHOMA CITY — Oklahoma’s chief election official is asking the state Supreme Court to decide soon whether a constitutional convention question belongs on the April 6 ballot, saying election workers have deadlines to prepare for a statewide vote.
Paul Ziriax, secretary of the State Election Board, filed a response Thursday, Sept. 24, in former state Rep. Mark McBride’s challenge to Gov. Kevin Stitt’s plan to submit the question to voters. Ziriax did not side with either one on the constitutional dispute.
“My responsibility is to administer elections in accordance with applicable law and any orders of this Court,” Ziriax said in a sworn declaration accompanying the filing.
McBride, R-Moore, argues that Stitt lacked authority to call the special election. The Oklahoma Constitution requires voters to be asked about a constitutional convention at least once every 20 years, but McBride says the governor cannot act in place of the Legislature to put the question on the ballot. He has asked the court to pause the governor’s proclamation and order while it considers the case.
Stitt’s executive order argues that the 20-year requirement must be carried out despite legislative inaction. Oklahoma voters last considered a convention question in 1970.
Deadlines for the April ballot
Ziriax told the justices that the Election Board needs to know whether the question will appear on the ballot — and know its final ballot title — by Feb. 12. Staff must then begin building election databases for all 77 counties, followed by ballot proofing, testing, printing and distribution.
The uncertainty affects other elections scheduled for April 6. According to Ziriax, if a state question appears on that date, certain local entities must submit their election resolutions by Jan. 21. Without the statewide question, their usual deadline would be Feb. 4.
Ziriax estimated that a standalone statewide special election would cost $1.8 million to $2 million and said the Election Board would need to seek supplemental funding from the Legislature. If the court does not act before preparations must begin, he said, the board will proceed on its election timetable to avoid jeopardizing delivery of ballots.
He asked the court to clarify which preparations should continue if it issues a temporary order while considering the case.
The Supreme Court has given Stitt and Secretary of State Benjamin Lepak until Nov. 9 to respond to McBride’s filing. Attorney General Gentner Drummond has the same deadline to file a separate brief offering his views. The court has scheduled oral argument for Dec. 7. Its scheduling orders do not decide whether McBride has standing to bring the case or whether Stitt’s action is constitutional.
McBride says lawmakers must first pass a law spelling out how a convention would work and submit that law to voters. No such law accompanies State Question 848. Stitt’s order envisions asking voters whether they want a convention first, then having the Legislature work out its rules if they vote yes.
