Open Primary Supporters File Lawsuit Against Unconstitutional Retroactive Provisions in SB 1027
Today, two proponents of State Question 836 (SQ 836) filed a lawsuit in the Oklahoma Supreme Court challenging the retroactive application of Senate Bill 1027 (SB 1027), a new law that imposes sweeping restrictions on Oklahoma’s citizen initiative process.
SQ 836 would establish an open primary system in Oklahoma, allowing all voters—regardless of party—to vote in primary elections. The measure was filed in January of 2025 and is currently pending before the Oklahoma Supreme Court. SB 1027, enacted nearly six months later, attempts to apply new legal hurdles—including signature restrictions, circulation bans, and funding limits—to initiatives that were filed before the law took effect.
The lawsuit challenging SB 1027—filed by Dr. Ken Setter, a retired pediatrician and Republican voter from Tulsa, and Tony Stobbe, a retired U.S. Coast Guard Commander and independent voter from Edmond—asks the Court to declare the retroactivity clause of SB 1027 unconstitutional and block its enforcement against SQ 836. Under Article V, Section 54 of the Oklahoma Constitution, new laws cannot retroactively change the rules for proceedings that have already begun—such as a filed initiative petition. The Oklahoma Supreme Court reaffirmed this principle just last year in State Question 832.
“You don’t have to agree with SQ 836 to see what’s happening here is wrong,” said Setter. “Politicians should not be attempting to stop this measure by sabotaging it with unconstitutional laws. They should let the voters decide.
“This law doesn’t just bend the rules in favor of powerful politicians—it breaks them entirely for Oklahoma voters,” continued Setter. “Oklahoma’s Constitution gives us the right to petition our government. Senate Bill 1027 strips that right away.”
Stobbe, one of almost 500,000 unaffiliated voters in Oklahoma, emphasized what the stakes are for independents like him.
“I served my country, not a political party,” said Stobbe. “Being politically independent is important to me—and to thousands of veterans and active-duty military across this state. Not being able to vote in Oklahoma’s most meaningful elections is a slap in the face. Having an unconstitutional law try to block the very state question meant to fix that problem is even worse.”
“For a century, Oklahomans of all political stripes have used petitions to solve problems the Legislature either wouldn’t touch or couldn’t get across the finish line,” continued Stobbe. “This is bigger than one law—it’s about defending our right to be heard when our government stops listening.”
This lawsuit filed by Setter and Stobbe focuses solely on SB 1027’s retroactive application to SQ 836. An additional legal challenge, which includes Setter and Stobbe as well as two other Oklahomans, was also filed today, targeting other provisions of the bill that restrict political participation and violate free speech protections (for more information on this second challenge, click here).
To learn more, visit www.voteyes836.com.