Vote Yes 836 Responds to Legal Challenge: "Last Ditch Effort to Preserve a Broken Status Quo”

OKLAHOMA CITY — Vote Yes 836 issued a response today to a lawsuit filed by party insiders seeking to block State Question 836—an initiative aimed at giving every Oklahoma voter a voice in every election. Supporters of SQ 836 called the legal challenge a political maneuver to preserve a system that benefits the few at the expense of the many.

“This challenge is not about the law—it’s about control,” said Margaret Kobos, founder of Oklahoma United, a non-profit backing SQ 836. “Oklahomans are tired of decisions being made in low-turnout primaries in which they can’t even cast a vote. SQ 836 threatens a system that benefits only entrenched insiders at taxpayer expense, and so it’s unsurprising they’re doing everything they can to stop it.”

The lawsuit attempts to paint SQ 836 as unconstitutional—but it misrepresents the law. In fact, the U.S. Supreme Court has already upheld systems nearly identical to SQ 836. In Washington State Grange v. Washington State Republican Party, the United States Supreme Court ruled that primary systems in which all candidates appear on a single ballot and all voters can participate do not violate party rights or the Constitution

SQ 836 supporters say party insiders are not raising serious legal arguments; instead, they are fighting SQ 836 because it threatens their control. Under the current system, political parties benefit from taxpayer-funded elections while deciding who gets to participate. More than 480,000 independent voters—nearly one in five Oklahoma voters—are locked out of primary elections they help pay for.

SQ 836 would replace closed partisan primaries with a system that allows all voters to vote for any candidate, regardless of party. All candidates appear on a single primary ballot, with party registration listed, and the top two vote-getters advance to the general election. This is a simple, fair, and proven model much like the open primaries already used in every city and town in Oklahoma.

“Our current closed primary system rewards party loyalty and insider gamesmanship,” Kobos said. “SQ 836 rewards accountability, competition, and hard work.”

SQ 836 is designed to improve civic engagement and election participation by giving all voters—not just party insiders—a meaningful say in who represents them in elections they fund.

“This lawsuit is a last-ditch effort to preserve a broken status quo,” said Kobos. “But Oklahomans are ready for a system that works for everyone. We will defend this measure in court and continue building a movement across the state.”

While the lawsuit was filed by the Oklahoma Republican Party, Kobos emphasized that support for SQ 836 comes from Republicans as well as Democrats and independents.

“No one should confuse the agendas of party bosses with the priorities of everyday Oklahomans. And that’s exactly the problem SQ 836 is trying to fix,” Kobos concluded.

Attorneys for SQ 836 will file a response brief in the coming weeks, and the Oklahoma Supreme Court will issue a ruling.

Oklahoma Election Facts:

• Over 480,000 voters—about 20% of the electorate—are independents, and they’re routinely shut out of elections their taxes fund.

• Oklahoma ranked dead last in the nation for voter turnout in both 2020 and 2024.

• In 2024, out of the 445 county, state and federal offices filled, only 7 – or less than 2% -- had a competitive (decided by fewer than 10 percentage points) general election in November.  A large majority were decided in closed primaries that exclude voters or on filing day (in the case of candidates running unopposed).