The former Republican lawmaker alleges the governor overstepped his constitutional authority by scheduling a statewide election without legislative authorization.
OKLAHOMA CITY — Former state Rep. Mark McBride alleges Gov. Kevin Stitt overstepped his constitutional authority by ordering a statewide election on whether the Legislature should call a constitutional convention.
McBride, a Moore Republican who served 12 years in the House, filed an Oklahoma Supreme Court petition Tuesday seeking to block the April 6, 2027, election. His petition argues that Stitt cannot schedule the vote without legislation authorizing it.
That position matches the conclusion reached earlier by the Oklahoma Attorney General’s Office.
“The executive order and executive proclamation issued by the governor are wholly inconsistent with the Oklahoma Constitution,” the office told OK Politics Today on Aug. 28. “The Legislature must pass a bill or joint resolution that must be signed by the governor to be referred to the people for a vote.”
McBride’s petition asks the court to take original jurisdiction, temporarily prevent state officials from spending money or taking further action toward the election and ultimately declare Stitt’s executive proclamation and companion executive order unconstitutional.
“The Legislature needs to legislate. The Governor needs to govern. The courts need to interpret the law,” McBride said. “Everybody needs to stay in their own lane.”
Challenge focuses on governor’s authority
The lawsuit does not ask the court to decide whether Oklahoma should hold a constitutional convention. It challenges the process Stitt used to place the question before voters.
“I’m not opposed to a constitutional convention. I’m not trying to keep Oklahomans from voting,” McBride said. “And I’m not saying the Legislature deserves a pass. The Legislature should have dealt with the 20-year constitutional requirement a long time ago. But the Legislature failing to do its job doesn’t give the Governor the authority to do the Legislature’s job for it.”
Article 24 of the Oklahoma Constitution says the question of calling a constitutional convention must be submitted to voters at least once every 20 years. Oklahoma last held such a vote in 1970.
Stitt issued an executive proclamation and companion order Aug. 25, designating the proposal as State Question 848 and scheduling the election for April 6, 2027.
The ballot question asks whether the Legislature should call a convention authorized to propose changes to the existing Constitution or propose a new one. A favorable vote would not itself change the Constitution. Any changes proposed by a convention also would have to be approved by voters.
Stitt’s executive order also created the Oklahoma Constitutional Convention Commission to study how a convention could be organized and recommend procedures, safeguards and proposed legislation.
In a statement to OK Politics Today on Tuesday, a spokesperson for Stitt defended the governor’s action.
“The Constitution is clear. At least every 20 years, Oklahomans are to be given the opportunity to vote on whether or not the State has a Constitutional Convention,” the spokesperson said.
“It’s been 56 years since we’ve had the opportunity to make this choice. Governor Stitt acted to fulfill this obligation to the people.”
Legislature failed to reach agreement
The Legislature considered the convention question during its 2026 session but failed to send it to voters.
House Joint Resolution 1089 passed the House 72-23 in March but died without Senate approval. The measure would have made all 101 state representatives and 48 state senators delegates to the convention.
Senate President Pro Tem Lonnie Paxton said after Stitt issued his orders that the chambers had been unable to agree on how convention delegates should be divided. He also criticized the governor for acting without consulting legislative leaders.
McBride said disagreement between the House and Senate did not transfer legislative power to the governor.
“Legislative disagreement doesn’t suddenly create executive authority,” he said.
McBride said lawmakers should be allowed to take up the issue again when the Legislature returns next year, before the election Stitt scheduled.
“If the Legislature needs to fix this, then let them fix it. They’re going to be back at the Capitol,” McBride said. “Let the House and Senate work through their differences. Let them follow the constitutional process, and then let the people decide.”
The lawsuit names Stitt, Secretary of State Benjamin Lepak and State Election Board Secretary Paul Ziriax in their official capacities. It seeks to stop them from spending public funds or taking other steps to conduct the election while the case is pending.
Stitt will leave office in January, nearly three months before the scheduled vote. McBride said his concern extends beyond the current governor and the convention question.
“What I don’t want Oklahoma to do is establish another precedent where one office assumes more authority simply because the normal process is inconvenient or didn’t produce the desired result,” McBride said.
“Because this isn’t just about Kevin Stitt,” he added. “The rules have to be the same either way.”
