Lawsuit filed to stop Oklahoma Constitutional Convention vote

OKLAHOMA CITY – A former Republican lawmaker has challenged Gov. Kevin Stitt’s power to call a constitutional convention.

Former Rep. Mark McBride, R-Moore, on Tuesday asked the Oklahoma Supreme Court to rule that only the Legislature can submit a referendum to the people for a constitutional convention.

Stitt last month issued an executive proclamation and called a special statewide election for April 6, 2027, to consider State Question 848. 

Stitt’s state question asks voters to determine if they want legislators to hold a constitutional convention that would give them the power “to propose alterations, revisions, or amendments” or even propose a new constitution.

Stitt, in a press release announcing the special election, said his ballot measure enforces state law which requires voters to have the opportunity every 20 years to request a constitutional convention.

Several bills over the years calling for a constitutional convention failed to get legislative support.

“The 20-year proviso fails to supply a sufficient rule specifying who must act, by what mechanism, at what election, or with what ballot language, all deficiencies that Oklahoma courts have consistently treated as indicators that a provision requires legislative implementation,” the lawsuit said.

The suit asks the Court to find Stitt’s action unconstitutional. It seeks to stay Stitt’s action until the legality can be determined.

“We believe only the Legislature, and not the Governor, can submit a referendum to the people of Oklahoma to call for a constitutional convention,” said Michael Burrage, one of the attorneys representing McBride.

Oklahoma Attorney General Gentner Drummond’s office and former Oklahoma Attorney General Drew Edmondson have said Stitt’s action was unconstitutional.

“Only the Supreme Court can decide who the Constitution authorizes to call for a vote regarding a constitutional convention,” said Bob Burke, who also represents McBride. “We have a wonderful Constitution that guarantees due process and equal treatment for all Oklahomans.

“We don’t want a handful of people deciding what our Constitution will look like in the future.”

Stitt’s office did not immediately respond to a request for comment.

Stitt, who is finishing his final year in office, and lawmakers over the years have clashed in court over which entity has the power to do what.