State Question 848 Lawsuit Challenges Oklahoma Convention Vote
Lawsuit Asks Oklahoma Supreme Court to Block State Question 848 Constitutional Convention Vote
Former Oklahoma state Rep. Mark McBride has asked the Oklahoma Supreme Court to block Gov. Kevin Stitt's plan for a statewide vote on whether Oklahoma should hold a constitutional convention.
The State Question 848 lawsuit was filed Tuesday, September 8, and challenges Stitt's authority to place the constitutional convention question before Oklahoma voters through an executive proclamation. Stitt has called a special statewide election for April 6, 2027.
McBride's attorneys argue that Oklahoma's Constitution requires the question to go through the Oklahoma Legislature rather than being placed on the ballot by the governor acting alone. Stitt's office maintains that the Constitution requires Oklahomans to be given an opportunity to vote on a convention at least once every 20 years and says the state is decades overdue for that vote.
State Question 848 Lawsuit Challenges Governor's Authority
The central dispute is not currently over what changes might be made to the Oklahoma Constitution, but over who has the legal authority to initiate the process.
McBride, a former Republican representative from Moore, is asking the state's highest court to rule that the governor cannot independently submit a constitutional convention referendum to Oklahoma voters.
His legal team includes attorneys Michael Burrage and Bob Burke. The petition seeks to stop preparations for the April election while the court determines whether Stitt's action is constitutional.
Oklahoma Attorney General Gentner Drummond has also publicly taken the position that the governor does not have constitutional authority to call the vote on his own. Legislative leaders have raised concerns about the process as well.
The actual language at the center of the dispute can be found in Article 24 of the Oklahoma Constitution.
Article 24, Section 2 says a convention cannot be called by the Legislature unless the law providing for it is first approved by voters. The same section also requires the question of a proposed convention to be submitted to Oklahoma voters at least once every 20 years.
Oklahoma Has Not Voted on Constitutional Convention in Decades
The 20-year requirement is a major part of Stitt's argument for calling the special election.
Oklahoma voters last considered the question in 1970, meaning the state has gone more than five decades without holding the vote contemplated by Article 24. The issue has surfaced repeatedly at the Capitol, including through legislative proposals that did not ultimately reach voters.
Stitt's office says the governor acted to fulfill that overdue constitutional requirement and argues the Legislature would still control how a convention would be organized if voters approved State Question 848.
McBride's lawsuit argues the 20-year provision does not itself give the governor power to initiate the election. His attorneys contend the Constitution leaves implementation of a convention referendum to the legislative process.
Previous efforts demonstrate that Oklahoma lawmakers have used that process to pursue a convention vote. In 2021, for example, a state senator filed a joint resolution seeking to send the question to voters. Details of that proposal remain available through the Oklahoma Senate constitutional convention record.
Oklahoma Supreme Court Asked to Decide State Question 848 Dispute
The lawsuit now puts the constitutional disagreement before the Oklahoma Supreme Court, which has been asked to assume jurisdiction and determine whether the April election can legally proceed.
McBride is seeking to prevent implementation of Stitt's proclamation while the court considers the case. His filing also raises concerns about public money being spent to prepare for an election that he argues was not lawfully called.
The timing matters because statewide elections require months of preparation by Oklahoma election officials.
State questions normally reach the Oklahoma State Election Board after the Secretary of State notifies election officials that a measure has qualified for the ballot, along with its ballot title and election date. The process is explained through the Oklahoma State Election Board State Questions page.
The Supreme Court has not yet resolved the underlying dispute.
Until it does, the April 6, 2027 special election remains at the center of a significant separation-of-powers question: Oklahoma's Constitution says voters must periodically be asked whether they want a constitutional convention, while the lawsuit asks the court to determine who has the authority to put that question before them.
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