Oklahoma GOP sues to stop open primaries; State Question 836 at center of debate

Republican leaders say the initiative violates constitutional rights, but supporters argue it boosts voter access.

Monday, April 14th 2025, 1:41 pm

By: Brian Smallwood


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A legal fight is underway over the future of primary elections in Oklahoma. The state’s Republican Party is asking the Oklahoma Supreme Court to block State Question 836, a proposed ballot initiative that would open up primary elections to all voters, regardless of party affiliation.

Supporters of the measure say it could expand voter access and increase turnout. But Republican leaders argue it infringes on the constitutional rights of political parties.

What is State Question 836?

The proposed initiative would allow registered voters in Oklahoma to vote in any primary election, even if they’re not affiliated with the party hosting that primary.

Currently, political parties in Oklahoma can choose whether to open their primaries to independents. Only registered Republicans can vote in Republican primaries, while registered Democrats and and registered Independents can vote in Democrat primaries.

SQ 836 would change that, allowing all registered voters to participate regardless of party rules.

Related Story: Your Vote Counts: Open Primaries, Survivorship Bill, And Mental Health Settlement

Why is the GOP suing for State Question 836?

The Oklahoma Republican Party filed a lawsuit with the state’s highest court, claiming SQ 836 violates their First Amendment rights.

They argue that political parties are private associations with the constitutional right to determine who participates in their candidate selection process.

Forcing them to accept votes from outside the party, they say, is unconstitutional.

What supporters say

Vote Yes 836 called the lawsuit a "last ditch effort to preserve a broken status quo.” They argue open primaries would give more Oklahomans a voice in elections and reduce partisan gridlock. They also say it would increase voter turnout in a state.

Related Story: ‘It’s Time To Fix This:' Oklahoma United Pushes For Open Primaries In State Elections

What’s next?

It’s now up to the Oklahoma Supreme Court to decide whether the initiative can move forward. If the court allows it, supporters would still need to collect thousands of valid signatures to get SQ 836 on the ballot. The decision could set a precedent for how party rights and voter access are balanced in Oklahoma.

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