Oklahoma Supreme Court declines to remove Adam Pugh from state superintendent ballot

OKLAHOMA CITY — Sen. Adam Pugh will remain on the state superintendent election ballot despite a second effort to remove him.

The state’s highest court on Monday declined to overturn an Oklahoma State Election Board decision to uphold Pugh’s candidacy. One of his Republican primary election opponents, Rep. Toni Hasenbeck, asked the Election Board and the state Supreme Court to disqualify him.

Seven of the Oklahoma Supreme Court justices concurred while Chief Justice Dustin P. Rowe and Vice Chief Justice Dana Kuehn dissented. The Court order didn’t include the justices’ reasoning.

The office of state superintendent leads the Oklahoma State Department of Education and the Oklahoma State Board of Education. Seven Republicans and two Democrats are running for the office this year.

“I’m grateful for the Oklahoma Supreme Court’s decision and appreciate the court’s careful consideration of this matter,” Pugh, R-Edmond, said in a statement Monday. “I’m glad this political distraction has been put to rest so we can stay focused on what really matters. I’m going to keep traveling Oklahoma, listening to parents, and sharing my vision for strong leadership that improves education outcomes, puts students first, supports teachers, and empowers families.”

Hasenbeck, R-Elgin, contended Pugh is ineligible to run for state superintendent because his Senate term overlaps with the vote and implementation of a salary increase for the superintendent position. Her attorneys said this would violate an anti-corruption provision in the Oklahoma Constitution meant to prevent state officials from improperly profiting from public office.

The Statewide Official Compensation Commission, rather than the Legislature, voted in November to raise the superintendent’s annual pay from $124,373 to $175,000. The commission exempted any sitting state lawmaker from receiving the higher salary, should any legislator be elected to the position. 

The raise will take effect after this year’s November General Election. 

Hasenbeck’s House term overlapped with the commission’s vote to increase the superintendent’s salary, but her term will end shortly before the raise is implemented. For this reason, her attorney said she wouldn’t be subject to the same disqualification as Pugh, whose Senate term continues through 2028.

Pugh didn’t vote on the pay raise and won’t benefit from it if he wins this year’s superintendent election, his attorneys told the state Election Board.

The board heard arguments from both candidates’ lawyers during a hearing April 16 and voted unanimously to reject Hasenbeck’s candidacy challenge against Pugh. 

Hasenbeck then appealed to the state Supreme Court. The justices declined to take up the case after a Court referee heard a presentation from both sides.

Hasenbeck said she was accused during the referee hearing of “challenging the ‘status quo’ by bringing this case before the Court.”

“To this statement, I agree,” she said in a statement Monday. “Senator Adam Pugh is the ‘status quo’ candidate, part of the same system which has failed this state for decades and led us to be ranked 50th in education. If you want someone who will challenge the status quo while respecting the Oklahoma Constitution, I am your candidate.”

Along with Pugh and Hasenbeck, Peggs Public Schools Superintendent John Cox, former Tulsa Technology Center administrator and state board official Robert Franklin, teacher and pastor James Taylor, Southern Nazarene University senior research analyst Debra Herlihy and William Crozier are running for the Republican nomination in the June 16 primary election.

Former El Reno Public Schools Superintendent Craig McVay and former Tulsa Board of Education member Jennettie Marshall will face off in the Democratic primary.

If no candidate earns more than 50% of the primary vote, the top two vote earners will continue to an Aug. 25 runoff election. The General Election is Nov. 3.