Oklahoma Supreme Court Clears Path for State Question 836 to Move Forward

16 September 2025

OKLAHOMA CITY — The Oklahoma Supreme Court today ruled 8-0 that State Question 836, a proposed constitutional amendment to create a system of open primary elections, is “legally sufficient for submission to the people of Oklahoma for signatures.” The decision marks a major milestone in the effort to bring open primaries to Oklahoma and to let every voter cast a ballot in every election—regardless of party affiliation.

Tony Stobbe, who is one of three Oklahomans whose name is on the state question filing submitted with the Oklahoma Secretary of State in January, called the decision a major victory.

“State Question 836 is about making sure every voter has a voice in our elections, giving our voters more choices, and making the system fair for everyone, regardless of their party affiliation,” said Stobbe.” We are thrilled that the court recognized our proposal is constitutional, and we can now move forward. Today’s ruling is a victory for Oklahoma voters and a defeat for the insiders and power-brokers who benefit from today’s closed, exclusionary primary process. We are eager to begin collecting signatures and to take this transformative conversation directly to the people. In the next few weeks, you’ll see our volunteers on street corners, in parking lots, at sporting events, and in every corner of the state, talking with everyday Oklahomans about why it’s time to open our primaries and put voters first.” 

Stobbe is a political independent and a retired U.S. Coast Guard Commander. 

With the court’s ruling today, SQ 836 gets one step closer to the signature gathering phase, during which supporters will have 90 days to gather at least 172,993 signatures for the initiative to be put to a vote of the people. Before then, opponents of the effort have a window to request a rehearing of the constitutional challenge to SQ 836 in court. After that period, the Oklahoma Secretary of State will assign Vote Yes 836 a start date to begin gathering signatures.

In 2025, the Oklahoma legislature passed a law designed to make it more difficult to gather signatures for initiative petition efforts like SQ 836. The Oklahoma Supreme Court has granted Vote Yes 836 temporary relief from the measure, meaning it does not apply to their signature gathering effort, as of today. 

Melanie Wilson Rughani of the law firm Crowe Dunlevy is representing supporters of SQ 836 in the lawsuit challenging SB 1027's constitutionality. 

“We are pleased that the court has granted a stay of enforcement of SB 1027 as it relates to State Question 836,” said Rughani. “It is an indication that the court takes seriously our argument that SB 1027 unconstitutionally seeks to change the rules of the petition process midstream.” 

SQ 836 proposes an open primary system where all candidates appear on a single primary ballot and the top two vote-getters advance to the general election. The reform is intended to increase voter participation and ensure fairer elections for all.