On February 28, 2020, four registered Oklahoman voters filed suit in Oklahoma Supreme Court challenging the constitutionality of proposed ballot Initiative Petition 426, which would amend the state constitution to vest authority for congressional and legislative redistricting to a redistricting commission. The plaintiffs argued that the Initiative's provision requiring imprisoned individuals to be counted as residents of their pre-incarceration address violates both Article 1, Section 2 of the U.S. Constitution and the 14th Amendment's Equal Protection Clause. Plaintiffs also asserted that the commission's membership/eligibility requirements and restrictions based on the political affiliations of applicants are unconstitutional under the First and Fourteenth Amendments to the U.S. Constitution. Plaintiffs sought a court order declaring that Initiative Petition 426 was unconstitutional and barring it from being placed on the ballot.
Oral arguments were held on March 17, 2020. On May 27, the Oklahoma Supreme Court ruled in favor of the defendants, finding that Initiative Petition 426 was constitutionally and legally valid for placement on the ballot.
Oklahoma Supreme Court - O-118685
- Application and Petition to Assume Original Jurisdiction - 2/28/20
- Petitioners' Brief in Support of Application and Petition to Assume Original Jurisdiction - 2/28/20
- Respondents Brief in Response to Application and Petition - 3/12/20
- Appendix to Respondents Brief in Response to Application and Petition - 3/12/20
- Opinion - 5/27/20