Libertarian Party of Oklahoma

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Libertarian Party of Oklahoma
ChairpersonChad Williams
Senate leaderNone
House leaderNone
Founded1971
IdeologyLibertarianism
National affiliationLibertarian Party (United States)
Colorsa shade of blue; yellow
Website
Oklp.org

The Libertarian Party of Oklahoma is the branch of the Libertarian Party in Oklahoma. It has been active in state politics since the 1970s, but due to what critics characterize as Oklahoma's restrictive ballot access requirements the party has been an "official" party during only portions of the last 25 years.

State party organization[edit]

State party chapters and chairs[edit]

The party has two local chapters: one in both of Oklahoma's two largest cities (Oklahoma City and Tulsa). The state party's chairman is Chad Williams. Former state chairs include Erin Adams, Tina Kelly, Steve Long, Seth Wheeler, Clark Duffe, Angelia O'Dell, Jimmy Cook, Steve Galpin, Chris Powell, Richard Prawdzienski, Robert Murphy, D. Frank Robinson, Tom Laurent, Gordon Mobley and Porter Davis. Other state officers are Vice-Chairman Kevin Hobbie, Treasurer Christy Howard, and Secretary Cherise Norton.[1]

Lawsuits[edit]

The OKLP has engaged in numerous legal actions in its history, primarily in regard to ballot access. Attorney James C. Linger has represented the party in most of these cases.[2]

Arutunoff v. Oklahoma State Election Board[edit]

The OKLP challenged revocation of their official recognition, and ability to run candidates under the party label, by the state after the 1980 elections. State law required a party's presidential candidate to receive at least 10% of the vote to maintain ballot access. The 10th Circuit upheld the ruling against the OKLP.[3]

1984 cases[edit]

With just 90 days to gather over 44 thousand signatures and hampered by both bad weather and harassment over petitioning at public buildings, the OKLP went to court to try to gain ballot access for the 1984 elections.[4] The party won by default when the Attorney General's office missed a deadline to file a response during the proceedings[5] and was allowed to nominate candidates by convention.[6] After obtaining ballot status, the party also unsuccessfully challenged state law that guaranteed the top line on the ballot to the Democrats.[7] The ballot order law would be overturned ten years later in response to legal action by Republicans, resulting in the current system of determining ballot order by lottery.[8]

Two petitioners were arrested and a third ticketed while gathering signatures at the State Fairgrounds.[9] Ballot drive chairman D. Frank Robinson challenged the legality of the arrests, resulting in a ruling from Judge David Russell upholding the right to petition on public property.[4]

Rainbow Coalition v. Oklahoma State Election Board[edit]

The Rainbow Coalition, OKLP, and the Populist Party sought to overturn the state's onerous[according to whom?] ballot access law, challenging both the petitioning deadline and the signature requirement. The 10th Circuit upheld Judge Stephanie Seymour's decision against the plaintiffs that upheld the ballot access law.[10] No state has had fewer presidential candidates on the November ballot in any election since that ruling in 1988.[11] Interestingly, Seymour had written a dissenting opinion in Arutunoff v. Oklahoma State Election Board, citing the difficult signature requirement for a party to obtain ballot access. Another aspect of the case was that Seymour ruled against requiring the state to allow voters to continue to register affiliation with previously recognized parties, the opposite of her ruling in the Colorado case Baer v. Meyer,[12] citing that Oklahoma, unlike Colorado, did not have its voter database computerized.

Atherton v. Ward[edit]

After the OKLP lost official recognition following the 1996 election the state election board changed the affiliation of all registered Libertarian voters to Independent. During the time since the ruling in Rainbow Coalition v. Oklahoma State Election Board the state's voter rolls had been completely computerized. Oklahoma Libertarians sought to be able to continue to be registered with their party of choice. Judge Wayne Alley ruled in favor of the party. The resulting process was that once a party fails to retain ballot access all those registered with the party are changed to Independent but any voter would be allowed to register with the previously recognized party for up to four years after they lost official status.[13] In 2003 Ed Henke sought to be a candidate in a special election for state Senate but was prohibited from filing because of his Libertarian registration.[14]

Clingman v. Beaver[edit]

Oklahoma has a semi-closed primary system in which a political party may choose either to allow only voters registered as affiliated with the party to participate or to also allow Independents as well. The OKLP wanted the ability to more fully exercise their freedom of association by allowing voters registered with any other party to also participate in their primaries. The party won on appeal but the case then went to the Supreme Court where the decision of the 10th Circuit was overturned.[15]

Yes on Term Limits v. Savage[edit]

Former Libertarian Party national director Paul Jacob worked with Oklahomans in Action to gather signatures on an initiative to put a Taxpayer Bill of Rights measure on the ballot for a statewide vote. In 2007 Jacob and two others were indicted for out-of-state petitioners.[16] A conviction would have carried a maximum fine of $25,000, and the maximum jail sentence of ten years in prison.[17] The state statute criminalizing the hiring of out-of-state petitioners was overturned by the 10th Circuit[18] followed by a denial of Attorney General Drew Edmondson's request for an en banc rehearing at which point the charges were dropped as the statute was unenforceable.[19]

Oklahoma Libertarian Party v. Ziriax[edit]

After gathering over 57 thousand signatures to meet the requirement of 51,739 to obtain ballot access for the 2012 elections, the OKLP sought a preliminary injunction due to the deadline to submit the petition being moved up to March 1 from May 1. Judge Timothy D. DeGiusti denied the injunction, resulting in the OKLP not being able to place candidates on the ballot in 2012.[20] The March 1 petition deadline for political parties remains in place.

Lawhorn v. Ziriax[edit]

The only alternative party to have ballot access for the 2012 United States presidential election in Oklahoma was the Americans Elect party which was not fielding a candidate. Leadership of the state party organization for Americans Elect, including chair Rex Lawhorn, sought to have Libertarian presidential candidate Gary Johnson placed on the Oklahoma ballot as the Americans Elect candidate. The national party organization opposed the effort and the Oklahoma Supreme Court ruled against Lawhorn.[21] This resulted in Oklahoma voters being allowed only two choices for president for the third election in a row.

McCraw v. Oklahoma City[edit]

The OKLP joined several other individuals and organizations in challenging an ordinance enacted by the City of Oklahoma City to restrict panhandling.[22] OKLP Vice-chair Tina Kelly was involved in the case as it pertained to restricting the ability to engage in political petitioning.[23] The city amended the ordinance to focus on pedestrian safety. In December 2018, Judge Joe L. Heaton upheld the ordinance but the plaintiffs promised to appeal.[24]

Election history[edit]

Presidential election performance[edit]

The party has had the national party's presidential candidate on the ballot in 1980 (1.2% of the statewide vote was received), 1984 (0.7% of the statewide vote was received), 1988 (0.5% of the statewide vote was received), 1992(as an Independent) (0.3% of the statewide vote was received), 1996 (0.5% of the statewide vote was received), 2000 (0.5% of the statewide vote was received), and 2016.

1976[edit]

Oklahoma city restaurateur John Vernon finished second in the balloting for the vice-presidential nomination at the Libertarian National Convention. Running as an Independent, Porter Davis got 36% of the vote for State House in district 88. Davis would later be elected to one term as a state Representative as a Republican in 1982.[25]

1980[edit]

The party successfully petitioned for ballot access in the state for the first time and in addition to Ed Clark for president had four candidates for office including Jim Rushing and Frank Robinson who faced each other for the 5th Congressional District nomination as well as Anne Hill and Agnes Wampler, who both sought to become the Tulsa County Clerk in the first Libertarian Party primaries in Oklahoma. Rushing won with 54% of the vote while Hill took over 90%.[26][27]

1984[edit]

After failing to get the required number of signatures for ballot access, the party sued and was ordered on the ballot for 1984. There were no primaries as the court order stipulated that the party nominate by convention.[28] In addition to David Bergland for president, 16 Libertarians ran for office in the state. Agnes Regier received 2.2% of the vote in a three-way race for a Corporation Commission seat while three state legislature candidates, Alice Cody, Paul Woodward, and Robert Chambers, and Tulsa County Clerk candidate Vickie Rhodes finished with vote percentages in double digits.[29]

1988[edit]

The Libertarian and Populist parties along with the Rainbow Coalition sought to have Oklahoma's restrictive ballot access law overturned, but the 10th Circuit ruled against them.[30] Nevertheless, the LP was able to gather enough signatures to get on the ballot, with Ron Paul personally submitting the petition.[31] Paul received 6,261 votes, more than twice the total of Lenora Fulani of the New Alliance Party who was the other alternative presidential candidate on the ballot in Oklahoma.[32]

1992[edit]

In pursuit of 50-state access, the LP was able to gather enough signatures to get Andre Marrou on the ballot. He finished fourth behind George H. W. Bush, Bill Clinton, and Ross Perot.[33]

1996[edit]

After getting Andre Marrou on the ballot in 1992 as an independent, the party again successfully petitioned to run candidates in 1996. Agnes Regier defeated Michael Clem in a primary for the US Senate nomination[34] and earned 1.2% of the vote in the general election, finishing fourth in a five-person race.[35]

2000[edit]

Successfully petitioning for ballot access again, fourteen Libertarians ran for office in the state alongside presidential candidate Harry Browne. Richard Prawdzienksi, Roger Bloxham and Whitney Boutin faced off in a primary for a seat on the Corporation Commission, resulting in Bloxham and Boutin heading to a runoff.[36] Despite finishing in first place with almost 42%, Boutin dropped out of the race allowing Bloxham to be nominated. This saved the state over $200,000 for the cost of the runoff election.[37] Bloxham would finish with 1.8% of the vote in the general election. The party ran candidates in all six Congressional races, besting the Democrats who only contested five. State House candidates Steve Galpin and Chris Powell both received double-digit percentages in their races.

Municipal electoral performance[edit]

The party has also experienced a fair degree of high vote counts in municipal races in the cities of Bethany, Bartlesville, Norman, Tulsa, and Oklahoma City, as well as other races at the local, state, and national levels.[38] Most recently, libertarian activist Traci Baker received 20.96% of the vote in Norman's 2017 Ward 7 City Council race against incumbent Stephen Tyler Holman.[39]

2016 elections[edit]

In 2014 the signature requirement to get a party on the ballot was changed from 5% of the vote for president or governor was lowered from 5% to 3%.[40] On March 21, 2016, the Oklahoma Election Board declared the Libertarian Party to have turned in enough petition signatures to attain ballot status.[41] In another legislative victory, on May 5 Governor Mary Fallin signed legislation reducing the number of votes necessary for a party to retain ballot access from 10% of the presidential or gubernatorial vote to 2.5%.[42] LP presidential candidate Gary Johnson polled as high as 13% in the state.[43]

In addition to Johnson, there were seventeen Libertarian candidates for state or federal office in Oklahoma in 2016.[44] Robert Murphy defeated Dax Ewbank for the U.S. Senate nomination in the only statewide primary for any party on June 28.[45][46]

The Johnson/Weld ticket received 83,481 votes in Oklahoma, 5.8% of the total, far surpassing previous results for LP presidential candidates and maintaining ballot access for the party for 2018. Robert T. Murphy finished third in a field of five in the U.S. Senate race with 3%. Zachary Knight garnered 6.1% running for CD5 and in CD4 4.3% voted for Sevier White. Of the two Libertarian candidates for state Senate, Frank Grove got over 35% in District 35 while Richard Prawdzienski was favored by 4.5% in District 41. In the state House the OKLP fielded nine candidates, including Steve Long, Gene Bell, Christina Wright, Tamara Morton, Erin Adams, Zac Davis and Dr. Shannon Grimes as wellas Elle Collins, who took over 7% of the vote in District 87 which was won by Collin Walke with a plurality of 48%, and Clarke Duffe, who was supported by 23.5% of the voters in district 39.[47]

The sole LP candidate for a county office in the state was Chris Powell who sought to become the Oklahoma County Clerk. Facing GOP nominee David B. Hooten, Powell received 89,019 votes, 36.4% of the total.[47]

2018 elections[edit]

On the ballot for a gubernatorial election for the first time, the OKLP had three individuals seek the nomination for the state's highest executive office. In the primary on June 26, former state chair Chris Powell received 49%, just 40 votes away from winning the nomination outright. Rex Lawhorn received 31%. The third candidate, zookeeper Joe Exotic, finished with 19%.[48] With no candidate achieving a majority, the race went to a runoff between Lawhorn and Powell on August 28, which Powell won with 59%.[49] This was the first Libertarian primary runoff election in the nation. Powell received 40,833 votes in the general election, 3.44% of the total.[50] This was the highest percentage for any of the 23 Libertarian gubernatorial candidates on the ballot on Nov. 6th.[51]

Other Libertarian candidates were Dr. John Yeutter for Oklahoma State Auditor and Inspector, Richard Castolda for US House Dist. 2, seven candidates for Oklahoma House of Representatives: Lee Miller (HD68), Kelli Krebs (HD75), Gene Bell (HD78), William Cagle (HD 84), Stephen Paulsen (HD85), and Paul Brewbaker (HD 95), as well as Marcus Hall who ran for the office of County Commissioner in Canadian County, Dist. #1[52][53] and Rachel L. Bussett who was in a non-partisan contest seeking to become an Associate District Judge for Canadian County.[54]

Yeutter received over 270 thousand votes (24.82%) in his race, the highest total for any alternative party candidate ever in Oklahoma. With both Yeutter and Powell achieving greater than 2.5% the OKLP retains ballot access through at least 2022. Hall had the highest percentage in a partisan race with 27.49% and Bussett came very close to winning nonpartisan judicial office with 47.83%.[50]

Office holders[edit]

In August 2018 David Greer was appointed to fill a vacancy on the City Council of Dougherty, Oklahoma, becoming the first Libertarian to hold elective office in the state. His current term will be up in 2020.[55]

On April 2nd, 2019, Chad Williams was elected to the Choctaw City Council and Josh Clark was elected to Dale School Board, becoming the first Libertarians to win elections to office in Oklahoma. [56]

See also[edit]

References[edit]

  1. ^ https://oklp.org/leadership/
  2. ^ "James C. Linger, Counselor at Law". www.lingerlawoffice.com. Retrieved March 4, 2019.
  3. ^ "Arutunoff v. Oklahoma State Election Bd, 687 F.2d 1375 - Casetext". casetext.com. Retrieved March 4, 2019.
  4. ^ a b Fossett, Judy (June 1, 1984). "Libertarian Party Files Suit After Ballot Drive Falls Short". The Oklahoman. |section= ignored (help)
  5. ^ Fossett, Judy (July 17, 1984). "Libertarian Party Wins Fight for Spot on 1984 Ballot by State's Default". The Oklahoman. |section= ignored (help)
  6. ^ Morgan, Andy (August 19, 1984). "Libertarian Candidates Chosen at Convention". The Oklahoman. |section= ignored (help)
  7. ^ Fossett, Judy (August 25, 1984). "Libertarians Sue for Fair Share Of Top-Spot Ballot Placement". The Oklahoman. |section= ignored (help)
  8. ^ "Board to Draw Names For Ballot Positions". NewsOK.com. August 8, 1996. Retrieved March 4, 2019.
  9. ^ "Libertarians Arrested in City". The Oklahoman. May 14, 1984. |section= ignored (help)
  10. ^ "Rainbow Coalition of Oklahoma; Floyd Turner, Chairman Ofthe Rainbow Coalition of Oklahoma, Plaintiffs,andlibertarian Party of Oklahoma; Charles Burris, Chairman Ofthe Libertarian Party of Oklahoma; Populist Party Ofoklahoma, Inc., an Oklahoma Non-profit Corporation; Andbill Chandler, Chairman of the Populist Party of Oklahoma,plaintiffs-appellants, v. the Oklahoma State Election Board; Betty Mcelderry,chairman of the Oklahoma State Election Board; Angelaables, Vice Chairman of the Oklahoma State Election Board;mona Lambird, Member of the Oklahoma State Election Board;and Lee Slater, Secretary of the Oklahoma State Electionboard, Defendants- Appellees, 844 F.2d 740 (10th Cir. 1988)". Justia Law. Retrieved March 4, 2019.
  11. ^ Powell, Chris (October 14, 2016). "Oklahoma again restricts voters to fewer choices for president than any other state". medium.com. Retrieved March 4, 2019.
  12. ^ "Baer v. Meyer, 577 F. Supp. 838 (D. Colo. 1984)". Justia Law. Retrieved March 4, 2019.
  13. ^ Wayne Edward Alley
  14. ^ "Libertarian Party may seek court help to get on election ballot". www.newson6.com. Retrieved March 4, 2019.
  15. ^ "Clingman v. Beaver, 544 U.S. 581 (2005)". Justia Law. Retrieved March 4, 2019.
  16. ^ "Statement of Paul Jacob" Archived 2007-10-22 at the Wayback Machine, Free Paul Jacob website, October 2, 2007
  17. ^ "Indictment Lists Three in TABOR Case", Tulsa World, October 3, 2007
  18. ^ "FindLaw's United States Tenth Circuit case and opinions". Findlaw. Retrieved March 4, 2019.
  19. ^ "Oklahoma won't appeal initiative petition ruling". NewsOK.com. January 22, 2009. Retrieved March 4, 2019.
  20. ^ http://www.ballot-access.org/2012/Order-Motion-Denied-03_19_2012.pdf
  21. ^ "LAWHORN v. ZIRIAX". Justia Law. Retrieved March 4, 2019.
  22. ^ "Oklahoma ACLU challenges Oklahoma City's panhandling ordinance with federal lawsuit". Red Dirt Report. April 13, 2016. Retrieved March 4, 2019.
  23. ^ http://mediad.publicbroadcasting.net/p/kgou/files/201604/McCraw-v-City-of-OKC-filed-complaint.pdf?_ga=1.106280963.1814075323.1429884318
  24. ^ "Oklahoma City's 'median-safety' ordinance, originally drafted to restrict panhandling, is constitutional, federal judge says". NewsOK.com. December 19, 2018. Retrieved March 4, 2019.
  25. ^ "No Surprises Revealed In State House Races". Newsok.com. November 3, 1982.
  26. ^ "Elections 1980". Daily Oklahoman. Oklahoma City, Oklahoma. August 28, 1980.
  27. ^ "PRIMARY ELECTIONS : August 26, 1980 : DEMOCRATIC PRIMARY ELECTION" (PDF). Ok.gov. Retrieved October 27, 2018.
  28. ^ "Judge Orders Libertarian Party Candidates Put on State Ballot". Newsok.com. July 31, 1984.
  29. ^ "PRIMARY ELECTIONS : August 28, 1984 : DEMOCRATIC PRIMARY ELECTION" (PDF). Ok.gov. Retrieved October 27, 2018.
  30. ^ "Rainbow Coalition v. Okla. State Election Bd, 844 F.2d 740 - Casetext". Casetext.com.
  31. ^ "Petitions filed by Libertarian ballot hopeful". Daily Oklahoman. Oklahoma City, Oklahoma. July 15, 1988.
  32. ^ "PRIMARY ELECTIONS : March 8, 1988 : DEMOCRATIC PRIMARY ELECTION" (PDF). Ok.gov. Retrieved October 27, 2018.
  33. ^ "SPECIAL ELECTION : October 15, 1991" (PDF). Ok.gov. Retrieved October 27, 2018.
  34. ^ "OKLAHOMA STATE ELECTION BOARD : PRIMARY ELECTION RESULTS : AUGUST 27, 1996" (PDF). Ok.gov. Retrieved October 27, 2018.
  35. ^ "OKLAHOMA STATE ELECTION BOARD : GENERAL ELECTION RESULTS : NOVEMBER 5, 1996" (PDF). Ok.gov. Retrieved October 27, 2018.
  36. ^ "OKLAHOMA STATE ELECTION BOARD : PRIMARY ELECTION RESULTS : August 22, 2000" (PDF). Ok.gov. Retrieved October 27, 2018.
  37. ^ Russell Ray. "Libertarian drops out of run-off race". Tulsaworld.com.
  38. ^ [1]
  39. ^ "OU student Traci Baker loses Ward 7 Norman City Council election". Oudaily.com.
  40. ^ "HB2181 - Oklahomans For Ballot Access Reform". Okvoterchoice.org.
  41. ^ "Oklahoma Libertarian Party Is Now a Qualified Party - Ballot Access News". Ballot-access.org.
  42. ^ "Oklahoma Ballot Access Bill Signed into Law - Ballot Access News". Ballot-access.org.
  43. ^ "Archived copy". Archived from the original on September 9, 2016. Retrieved September 8, 2016.CS1 maint: Archived copy as title (link)
  44. ^ "Oklahoma : CANDIDATES FOR STATE ELECTIVE OFFICE 2016" (PDF). Ok.gov. Retrieved October 27, 2018.
  45. ^ "Libertarian Party is Only Oklahoma Party to have a Statewide Primary on June 28 - Ballot Access News". Ballot-access.org.
  46. ^ "State Election Results, General Election, November 6, 2018". Ok.gov.
  47. ^ a b "State Election Results, General Election, November 6, 2018". Ok.gov.
  48. ^ "All Three Oklahoma Qualified Parties Will Need a Runoff Primary on August 28 - Ballot Access News". Ballot-access.org.
  49. ^ "State Election Results, Runoff Primary Election, August 28, 2018". www.ok.gov. Retrieved March 4, 2019.
  50. ^ a b "State Election Results, General Election, November 6, 2018". www.ok.gov. Retrieved March 4, 2019.
  51. ^ https://www.lp.org/wp-content/uploads/2018/11/2018-election-results-governor.pdf
  52. ^ "Oklahoma's Libertarian Candidates". Libertyunfiltered.wordpress.com. July 5, 2018.
  53. ^ "Marcus Hall". Ballotpedia.org.
  54. ^ "Candidate Filings, 2018". Ok.gov.
  55. ^ "Libertarian Appointed to City Council of Dougherty, Oklahoma - Ballot Access News". ballot-access.org. Retrieved March 4, 2019.
  56. ^ http://ballot-access.org/2019/04/03/two-oklahoma-libertarians-elected-to-non-partisan-office/

External links[edit]