What the 2020 Election Means for Oklahoma
If you woke up this morning expecting to learn the definitive outcome of the presidential election, you’re going to need to hang on a little while longer. All the votes have been cast but the counting will continue for several more hours (and quite likely, days). It appears there was a polling error in a number of states, and undoubtedly the reason for it will be debated ad nauseam for weeks and months to come. One thing is abundantly clear: more voters made their voice heard in this election than in any presidential election since 1900.
“More voters made their voice heard in this election than in any presidential election since 1900. ”
Here in Oklahoma, all of our votes have been tallied and the Republican party was the big winner, netting an additional seat in Congress as well as an even-more-super supermajority in the state House. Having an 75% seat majority in both chambers of the state legislature, combined with control of the Governor’s office, means Republicans have the numbers to pass any legislation they want. However, as anyone who has ever coached their kids’ soccer team can attest - the bigger your team, the harder it can be to manage. Republican leadership must balance their priorities against the priorities of their caucus, some of whom may be further to the right than the last couple of years. You may recall the impact of the conservative “Platform Caucus” in 2016 2017; some of them ran for the legislature again this year
As we discussed with Senator Greg McCortney on our live podcast last night, in the coming session the Oklahoma state legislature will have to contend with a dire budget situation, a raging viral pandemic, and the politics of redrawing the state legislative and Congressional district maps, not to mention the ~2,000 other bills that will be filed over the next two months.
Since his election two years ago, Governor Stitt has benefitted from a warm relationship with the Trump administration, but that, too, may change before next session if Joe Biden is elected President. As we’ve discussed on Let’s Pod This, while the Governor enjoyed a relatively smooth and successful first year in office, this year he got crossways with a whole bunch of folks - the legislature, the Five Tribes, the medical community, the State Superintendent, and the Attorney General - just to name a few. Consequently, the Governor’s approval rating has dropped 16 points, from 57% in March to 41% in October, according to polls conducted and published by Amber Integrated. That’s a tough spot from which to start, and Governor Stitt must then chart a path to achieve his policy goals while also facing the same challenges as the legislature and with the added pressure of being the state’s chief executive and all the fame and blame that comes with the position.
The 58th legislature will be sworn in later this month or early December and then things get rolling pretty quickly. Here’s the legislative calendar for the next few months:
Dec 11: Bill Request Deadline
Jan 5: Organizational Day
Jan 21: Bill Introduction Deadline
Feb 1: First Day of Session / State of the State Address
Mar 11: Deadline for bills to pass out of chamber of origin
Apr 22: Deadline for bills to pass out of opposite chamber
May 28: Deadline for legislature to adjourn sine die
With little change to the state legislature or other statewide elected offices, I’m somewhat inclined to say that the election doesn’t “mean” much for Oklahoma, at least as far as state government is concerned and how things will play out in the spring. However, if 2020 has taught us anything, it’s that anything is possible.
2020 Election Night Live Blog
We’ll start the conversation whenever we wake up, but the meat & potatoes will be served beginning at 6pm CT and will go until…well, it’s hard to say, really.
This could be a weird night. Hold on to your butts.
2020 Election Resources Compendium
Tens of thousands of Oklahomans have already voted safely and securely by mail, which is truly great and exciting news! If you haven’t yet voted and are still looking for information about some of the nonpartisan names and issues that appear on the ballot, we’ve got you covered. Take a look below for information about the judges up for retention, state questions 805 and 814, and, for those of you in Oklahoma City, the proposed changes to the city’s charter.
Oklahoma is one of a handful of states that places state Supreme Court, Appellate Court, and other judicial officials on the ballot. This year, the only judicial elections are retention elections, which means that the justices in question were appointed to their positions and voters are simply deciding if they should be retained or if the Governor should appoint someone else to the position. If you aren’t an attorney who has practiced in front of these justices, it can be difficult to find information about them to help inform your decision. Thankfully, the Oklahoma Bar Association has created this resource concerning the retention ballot and the candidates thereon.
There are two state questions on the ballot this fall, both of which are somewhat nuanced in what they do. We’ve covered both questions on Let’s Pod This; links to the video & audio versions of those episodes are below.
State Question 805: Video | Audio Only
State Question 814: Video | Audio Only
Our 2020 State Questions Guide is embedded below as image files; you can also download it as a PDF here.
Read:
The League of Women Voters of Oklahoma County, in conjunction with the OKC Municipal Counselor’s office, has created a “plain language” summary of the proposed changes.
Watch:
Listen:
2020 OKC Charter Amendments
The following information was created and shared by the League of Women Voters of Oklahoma County. We are cross-posting it here with their permission.
The Oklahoma City Council called a special election on Nov. 3 for proposed City Charter amendments that are primarily intended to modernize wording, address inconsistencies and resolve discrepancies with state law.
The proposed changes were introduced August 4 and the approved for the ballot at the final hearing during the City Council meeting on August 18. The election will be the same day as the November 3 nationwide general election, but on a separate ballot available to all Oklahoma City voters at their usual polling place or via mail if voting absentee.
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The OKC Municipal Counselors office and Former LWVOK President, Jean McLaughlin, has assisted the LWV of Oklahoma County with the following summary to prepare voters with this information before voting.The City Charter is like the City constitution and can only be changed by Voters. The purpose of these propositions (amendments) is to delete obsolete wording, improve clarification, achieve consistency with state law and make minor changes for improved government functioning. There are no tax issues. Oklahoma City Voters will receive a separate ballot with the 9 propositions at the polls or if they vote by mail.
LWVOKC Explanations of the 9 proposed City Charter Amendments:
Proposition 1 relates to Mayor and City council elections. The name of the February “primary” election would become the “general” election and the April “general” election will become the “run-off” election. It lengthens the time when elected officers take office from one week to four weeks after the April run-off election. The Mayor and Councilmembers will continue to have overlapping 4-year terms.
Proposition 2 relates to the qualifications for the offices of Mayor and Council members and reformats the section for easier reading. To file as a candidate a person:
A. Must be a citizen of the United States and Oklahoma
B. Must be at least 21 years of age
C. Must have been a resident of Oklahoma City for at least one year before filing for office. The wording in the current Charter requires 3 years of residency that may be found unconstitutional if challenged.
D. The Mayor must have been a registered voter in Oklahoma City for at least one year.
E. A City Council candidate representing a ward must have been a registered voter at an address within the ward for at least one year. Previously, a 6-month residency was required.
Proposition 3 provides for filling a vacancy in the office of Mayor. If the vacancy were to occur within the first three years of the Mayor’s term, Council would have 30 days instead of 15 days to call a special election. If the vacancy occurs within the final year of the Mayor's term of office, it shall be filled by a majority vote of the Council within 30 days instead of the prior 15 days.
Proposition 4 relates to when regular meetings of the City Council will be held. The current language states that meetings will be held every Tuesday. This is changed to read: meetings will be held at such times as the Council may designate by ordinance to reflect current practice.
Proposition 5 relates to the City Manager having exclusive control of city employees. A new section is added to state that the Mayor and any Councilmember may provide information to the City Manager regarding the positive or negative performance of any officer or employee under the City Manager. This information must be based on direct personal knowledge or on a signed written statement provided by a resident.
Proposition 6 relates to the two divisions of the city government and specifies more clearly their responsibilities. The Division of Public Affairs under the Mayor and the City Council shall include the City Manager, Municipal Counselor, City Auditor, Municipal Judges, and all City boards, commissions and committees created by the Mayor or City Council. The Division of Public Management shall comprise all city departments, functions, agencies, commissions and boards not placed under the Division of Public Affairs.
Proposition 7 would be a new section in the City Charter that changes the terms of Councilman and Councilmen to consistently refer to such officers as Councilmember, Councilmembers, Councilor, or Councilors as grammatically appropriate.
Proposition 8 would amend the charter to add the word “welfare” to the list of reasons for enacting and enforcing ordinances. The new wording is: ordinances may be enacted to protect health, safety, welfare, life, or property.
Proposition 9 prohibits City officers and employees from accepting anything of value from certain privately owned businesses within the city that is not granted to the general public. This prohibition applies to any transportation business or utility company that has a franchise or contract with the city. The wording of this section is changed to more clearly state its intent.
2020 State Questions Guide
There are two state questions on the ballot this fall, both of which are somewhat nuanced in what they do. We’ve covered both questions on Let’s Pod This; links to the video & audio versions of those episodes are below.
State Question 805: Video | Audio Only
State Question 814: Video | Audio Only
Our 2020 State Questions Guide is embedded below as image files; you can also download it as a PDF here.
What are we voting on? (June 2020 Edition)
“Wait, there’s an election next week? What are we voting on?”
I can’t tell you the number of times I’ve heard that phrase, though I suppose it’s understandable - due to how we schedule elections in our state, there’s inevitably one somewhere in Oklahoma nearly every month of the year. Back in March we had our presidential primary election, and next Tuesday, June 30th, we’ll have our state primary election. For most Oklahomans, there will be four or five races on the ballot in addition to one state question, which we describe more below.
A word about primary elections
Before we get started, it bears mentioning that the purpose of primary elections is to allow political parties to choose their best candidates that they will then submit to the general election, which is held in November. Oklahoma has a “modified, closed-primary” system, which means that members of each political party are only allowed to vote for their party’s candidates. Our system is called “modified” because the Democratic Party allows voters who are unaffiliated (aka “independent”) to vote in the Democratic primary. Make sense? Allow me to summarize:
Voters registered as Republican can only vote for Republican candidates.
Voters registered as Democrat can only vote for Democratic candidates.
Voters registered as Libertarian can only vote for Libertarian candidates.
Voters registered as Unaffiliated/Independent can only vote for Democratic candidates.
If you feel like that is unfair, you’re not alone. Closed primaries are a contentious issue. Political parties are basically private clubs - it’s free to join, but by affiliating with one party you basically give up your ability to have any say in how the other party conducts their business, including which candidates they run. Furthermore, the parties use taxpayer dollars to run their private candidate selection process. Having a closed system, it means that voters may not get any say at all in who represents them.
For example, let’s say you live in Enid and are registered as an Independent. There are two candidates for Oklahoma House District 40, but both are Republicans. Because we have closed primaries, only registered Republicans can vote in the primary election to choose their state representative. Everyone in HD40 who is registered as Democrat, Independent, or Libertarian does not get to vote in that race. (According to the State Election Board, HD40 contains 9,396 Republicans, 4,176 Democrats, 2,951 Independents, and 114 Libertarians. So, only 56% of voters in that district are allowed to vote in the election that will decide who represents the entire district.)
What you can expect to see on the ballot
US Senate. Like all states, Oklahoma has two seats in the US Senate, which are elected to staggered, six-year terms. Only one of the seats is up for election this year - the seat of long-time incumbent Senator Jim Inhofe. He has both Republican and Democratic challengers, so regardless of your party affiliation, you’ll get to vote in a primary for this seat.
US House of Representatives. Oklahoma has five Congressional seats and they all are up for election this year. However, whether or not you have a primary election to decide depends on where you live and your party affiliation. The most contested Congressional seat is CD5, which is currently held by Kendra Horn. She is facing perennial candidate Tom Guild in the Democratic primary, and there are nine Republican candidates vying for the nomination from their party.
Oklahoma Senate. Oklahoma has 48 state Senate districts, which are elected to staggered, four-year terms, with half of the seats going up for election every-other year. So, again, whether or not you have a primary election to decide depends on where you live and your party affiliation.
Oklahoma House of Representatives. Oklahoma has 101 state House districts, which serve two-year terms, which means they’re all up for election this year. Like the items above, whether or not you get to vote in a state House race depends on where you live and your party affiliation.
In addition to the legislative positions listed above, there are also “down ballot” races for various County, City, and School Board positions on next week’s ballot as well. You guessed it - whether or not you are able to vote in one of those races depends on where you live and your party affiliation. If you’re curious, the state Election Board has a long list of all the races sorted by county:
And last but certainly not least, we have State Question 802. This is a statewide issue, so all voters get to vote. In fact, you will receive a separate ballot containing just this question all by itself. SQ802 deals with expanding Medicaid, and the “ballot title” (the summary paragraph that you will see on the ballot) reads as follows:
This measure adds a new Article to the Oklahoma Constitution. The new Article would expand Oklahoma's Medicaid program to include certain low-income adults between the ages of 18 and 65 whose income does not exceed 133% of the federal poverty level, as permitted under the federal Medicaid laws.
Supporters say: Oklahoma has one of the highest rates of uninsured people in the country, most of whom can’t afford it and don’t work at jobs that provide it. This measure would fix that. Furthermore, Oklahoma has been paying for Medicaid expansion through our federal income tax for more than 10 years, but all that money goes to other states because we didn’t expand Medicaid in our state. It may cost some money, but it’s worth it to ensure that all Oklahomans have health insurance, and if there’s ever a time our state needed a stronger safety net, it’s right now.
Opponents say: Oklahoma can’t afford to expand Medicaid, especially right now. Our economy is already fragile and cuts are expected next year as it is; having to come up with another $100 million per year is too much. Giving people free health insurance doesn’t incentivize them to work, so they end up costing the state more.
When you can go vote
If you haven’t already voted absentee (aka voted by mail), you can still vote early or vote on election day. Here’s all the days & times:
Early Voting - at your County Election Board
Thursday 6/25 from 8a - 6p
Friday 6/26 from 8a - 6p
Saturday 6/27 from 9a - 2p
Election Day - at your assigned precinct (find your precinct here)
Tuesday 6/30 from 7a - 7p
What to do if you’re not registered to vote
Unfortunately, if you’re not already registered to vote, you can’t vote next week. HOWEVER, you should still go ahead and register so that you’ll be all set for future elections. Oklahoma’s online voter registration system won’t be fully operational until 2022, but you can register by paper form. To get a voter registration form, you can print one of the state election board or stop by and fill one out at any tag agency (they’ll mail it for you, too).
Best of luck out there. Remember: Decisions are made by those who show up!
How to Vote by Mail
Just a quick reminder that any registered voter in Oklahoma can vote by mail – no excuse necessary! (Although a pandemic is certainly a worthy excuse!) All you have to do is sign up online.
We made this quick "how-to" video for requesting an absentee ballot:
And here's some Step-By-Step instructions, in case you're into that kind of thing. I was overly detailed; it's really pretty simple.
Go to the state's Online Voter Tool website.
Enter your name and date of birth, then click "Find Me."
Scroll down a bit; below the blue Voter Services heading you'll see a checkbox for "Request an Absentee Ballot." Check that, then click the blue "Begin" button at the bottom.
On the next screen you will need to enter your Driver's License number (or a state ID) and/or the last four digits of your Social Security number. If you have a Voter ID PIN, you can enter that as well. (I honestly don't know what that is.)
Read the instructions, scroll to the bottom, check the two affirmation boxes, and then click the blue "Validate Me" button.
On the next screen, select the reason you are requesting an absentee ballot and check whichever box is appropriate for you. Most people will fall into the last category listed: "All other voters."
Scroll on down and decide if you'd like an absentee ballot for just one election or for all elections for the remainder of the calendar year. (You have to renew your absentee status annually.) Select which ever one you want. (I suggest "all," especially in year like this when things are so uncertain.)
Below that, you can enter your phone number and/or email address if you'd like to (and you should, because the Election Board will notify you of upcoming elections!)
And finally, if you are an Independent (or "Unaffiliated") voter, you can choose which party's primary & run-off ballots you'd like to receive. (At this time, only the Democratic Party allows Independents to vote in their primaries, so that's your only option.)
Click the blue "Continue" button.
The next page is just a confirmation of everything you've entered and a final attestation that it's all valid & correct. Look it over, check the three boxes, type your name, click Submit and you're all done!
This is how we fix this
We have huge news.
Today, in partnership with the League of Women Voters of Oklahoma we helped launch People Not Politicians, a new organization that is entirely focused on ending gerrymandering in Oklahoma. [Read the press release here.]
If you’ve been listening to our Gerrymandering Oklahoma podcast series, you know that the term “gerrymandering” refers to the process where politicians draw voting districts for personal gain. And, as we’ve discussed, while the Supreme Court has ruled that racial gerrymandering is unconstitutional, the issue of political gerrymandering continues to plague our country. People Not Politicians wants to eliminate gerrymandering of all types.
The problem with gerrymandering is simple: when politicians get to pick their own voters, they pick the ones they know will vote for them no matter what. That means they can pretty much do (or not do) whatever they want while they’re in office. And when you realize that…well, suddenly it makes a lot more sense why our state continues to be at the bottom of the list when it comes to education funding, health outcomes, life expectancy, crumbling bridges, etc. When politicians aren’t held accountable to voters, the darn wheels come off and the state kinda begin to fall apart.
Politicians have been gerrymandering for their personal gain forever. Consequently, they are the only ones who don’t want to change the law. In fact, both parties have attempted to create independent redistricting commissions in the past - but every time they tried, the other party blocked it. It seems clear that the legislature is not going to do the right thing on their own - and that’s why we, the people, have to do it ourselves.
Beat ‘em at the ballot
Today People Not Politicians filed a petition with the Secretary of State to place an initiative on the ballot that would create an independent redistricting commission - comprised of regular citizens, not politicians or their cronies - to be the ones who draw voting district lines. This is the best way to end gerrymandering - by removing politicians from the process altogether.
This commission will be fully open and transparent to public. We’ll have input into the process up front and we will know exactly how and why the lines are being drawn the way they are. This will result in a redistricting process that is not just transparent but more fair and more representative of the people of Oklahoma.
In order to get this issue on the ballot, People Not Politicians is going need your help. You can sign up on their website or simply text PEOPLE to 33339.
What about Let’s Fix This?
We’re not going anywhere. We will continue to do what we do best - keeping you informed on issues facing our state and what’s happening at the State Capitol, creating new and fun ways for you to connect with politics and engage with your elected officials, hosting watch parties for The West Wing, etc. And even more exciting than that - we’re growing! We have more folks coming on board to help us create an online civics education program, build out our events calendar, and more! And to do all those things, we need your support!
People Not Politicians is an entirely separate organization, but our passion is the same - to build a better democracy. Our hope is that this is the first of many ways in which we can be involved in helping do just that.
Podcast Series: Gerrymandering Oklahoma
In the next two years, the United States will do two very important things:
Conduct the decennial census (i.e. attempt to count everyone who lives in the country), and
Use the census data to re-draw all the state legislative and congressional districts in the entire country. (This process is called “redistricting.”)
While most folks are aware of the census, many have no idea about redistricting, and for good reason - it often happens behind closed doors, out of the public view. For this series, we sought to learn more about the redistricting process, including how it’s done, how it can be done for dubious purposes, and what options exist to help ensure that it’s done fairly and transparently.
Episode 1: GADDIEMANDERED!
This is the first episode of our "Gerrymandering Oklahoma" mini series. We're joined by OU political science professor Keith Gaddie to discuss the ins and outs of gerrymandering and the legislative redistricting process. (Hint: It's super important and most people have no idea.)
Episode 2: A Cause we all have in Common
Now that we know how legislative redistricting is done and how that process often leads to gerrymandering, we want to talk broadly about how states can prevent politicians from picking their own voters. For that, we speak with Dan Vicuña from Common Cause, to gain some insight on what's worked in other states and how their organization is involved.
Episode 3: Ratf**ked
We wanted to learn more about gerrymandering around the country, so we wanted to talk to a man who literally wrote the book on the topic, David Daley. He is the author of "Ratf**cked: Why Your Vote Doesn't Count" and has probably looked at more maps and driven more legislative district boundaries than anyone else in the country.
Episode 4: Power to the People
By now we know what gerrymandering is, how and why it happens, and a few ways to prevent it. But how, exactly, do you get it to stop when the political system is rigged against you? You let the voters take the lead. For this, we spoke with Katie Fahey who started a people-first movement in Michigan in 2018 that led to the formation an independent redistricting commission and virtually eliminated gerrymandering from her state.
Episode 5: People, Not Politicians!
BIG NEWS! A rag-tag group of Oklahomans have banded together to form "People Not Politicians," a nonpartisan organization that has filed a ballot initiative to amend the state constitution to create an independent redistricting commission and end gerrymandering in our state! We hear all about it from their Campaign Manager, whom you might already know...
Links referenced throughout the series
This is the best explanation of gerrymandering you will ever see (Washington Post)
Independent Redistricting: A Primer (our blog post from March 2019)
The Redistricting Game (Fun and harder than you’d think!)
The Gerrymandering Project (FiveThirtyEight)
The Atlas of Redistricting (FiveThirtyEight)
Brennan Center for Justice (Policy experts!)
Ratf**ked: Why Your Vote Doesn't Count by David Daley (Amazon)
Open Primaries: A Primer
Many thanks to our intern, Megan Funderburk, for researching and writing this post.
This is the second post in an ongoing series about the issues in our legislative agenda.
A primary election is an election in which a party decides who they will nominate to run for a particular office. Democrats have a Democratic primary to decide who the Democratic nominee will be, and Republicans have a Republican primary to decide who the Republican nominee will be.
Sounds pretty simple, right? Well…not so much. Many states are struggling to address concerns about their primary election system by answering questions such as:
Who gets to vote in these elections?
Should only Republicans vote for Republicans and Democrats for Democrats?
What about Independent voters or those that are unaffiliated?
Should voters be forced to simply forfeit their voice until the general election when the choices are considerably more limited?
Primaries are either open or closed, with variations within each of these models. States may use one type of primary for their state and local elections and a different type for their presidential elections. The basic types of primary elections are:
An open primary is a primary in which voters are not asked to declare a party affiliation on their voter registration form. At the polls, voters can choose which party’s ballot they receive regardless of party affiliation (or lack thereof).
A partially open primary asks voters to publicly declare which party’s ballot they would like on the day of voting which then registers the voter with that party. In most states with partially open primaries, voters may change their party affiliation on the day of voting.
A closed primary means that only those who have previously registered with a party may vote for that party’s nominees. In most states with closed primaries, you can’t change your party affiliation in the months surrounding the election.
In a partially closed primary, it is up to political parties to decide whether to allow unaffiliated voters to vote in their primaries while still excluding members of the opposing party.
A few states, like California, have adopted a “top two” primary system in which all candidates are listed together on the ballot and the top two, regardless of party affiliation move on to the general election.
Oklahoma currently uses a partially closed primary system. According to state law, party leaders are given the authority to allow unaffiliated voters or voters not registered with a party to vote in their nominating primaries. Parties make this decision every two years. The Oklahoma Democratic Party currently allows Independent voters to vote in the Democratic primaries. Voters must be registered with the Republican party to vote in the Republican primaries. Voters may choose to change their party affiliation but cannot do so between April 1 and August 31 in even-numbered years.
Advocates for an open-primary system argue that if everybody is given a voice at primary elections then it will increase the likelihood of more moderate candidates. According to the Oklahoma State Election Board, nearly 16% of Oklahoman voters are registered as Independent, and that number has increased nearly 35% over the past decade. With an increasing pool of Independent voters and a general dissatisfaction with hyper-partisan practices, moderation seems to be just what we need. Primaries are paid for with our tax dollars, yet we allow the parties get to tell us who gets to vote. There are pros and cons to each system, but an open system works under the assumption that everyone deserves a vote, even in a primary.
Two bills related to primary elections were filed this year in the Oklahoma legislature: Bill HB1026 by Rep. Tadlock sought to make county sheriff elections nonpartisan in an attempt to remove some politics from law enforcement. Bill HB1153 by Rep. Grego sought to authorize counties to vote to make county elections nonpartisan, including county officers and district attorney. Both bills were assigned to the House Rules Committee, but neither were heard, and thus they are dead…for this year, at least.
Helpful links
Click here to view the Election Board’s “Online Voter Tool,” where you can confirm your registration, find your polling place, view sample ballots for upcoming elections, and track your absentee ballot. (Speaking of which, if you’re not already registered to vote absentee (aka “vote by mail"), you should, and you can do it online right here.)