Executive Summary

Refuse, Revoke and Reject

D. Frank Robinson

Oklahoma law requires that presidential candidates of “new parties” obtain the valid signatures of registered voters equal to five percent of the of the total vote cast for President or Governor in the previous general election. The overall budget for such an undertaking is around $100,000. It's a tax!

Entrenchment is the term used to identify the use of state power to “dig in” or fortify certain groups in the government from peaceful, democratic challenge by other groups. The entrenched parties - Democratic and Republican - have legislated themselves a free ride on the ballot - a privilege status – an entrenchment. Remember the “3/5ths rule” in the original Constitution that allowed slaves to count as 3/5ths of a person for representation and taxation? The five percent petitioning requirement says that persons who want to allow an unentrenched party's candidates on the ballot count only as one/20^th of a person who is assumed to support the entrenched parties.

We can agree present ballot access restrictions are undesirable and against the spirit, if not the letter, of the Constitution, then are any ballot access restrictions justifiable? Who decides? The people? The Legislature? The Oklahoma Supreme Court? In May 2007 the Oklahoma Supreme Court refused to hear a case for more open ballot access brought by the Libertarian Party from 2004. Note that opening the ballot to wider access for other parties would gain no particular advantage for the Libertarians over any party. The sole effect of more open ballot access would be to restore to voters the power they once possessed to control the government. The voters could accept or reject any candidates of any parties. Instead of “splitting their ticket” just one way or the other between the entrenched parties, voter could “split their ticket” six ways to Sunday if the wished. In fact, in earlier times when ballot access was far more open. The ballots were never “a mile long” as the entrenches charge would happen.

What can we do to open up the system? Stop rubber stamping judges for retention on the ballot. Vote against retention for all Justices of the Oklahoma Supreme Court. That is what your ballot is for, use it. Tell people to vote against the Justices and explain how the Oklahoma Supreme Court is bulldozing anyone who is trying to challenge the entrenches. This is a fundamental issue not a narrow case with equal merits on both sides. The Court has failed to uphold the “free and equal” provision for elections in the Oklahoma Constitution and sought cover themselves behind the U.S. Supreme Court’s restrictions (entrenchment). The Oklahoma State Supreme Court is the core bastion of the two-party entrenchment in Oklahoma. They serve political ends and they must suffer political consequences. The voter’s have the discretion to remove them from office for that lack of due diligence and prejudicial partiality to entrenched partisan interests. No “free ride” for judges; no entrenched parties. The best way to spend to $100,000 is to campaign against the three Justices up for retention in 2008. Reject 'em!