Oklahoma law: Tough on minor party and independent presidential candidates

Abstract

Oklahoma election law, currently and historically, is relatively in hospitable to minor party and independent Presidential candidates. Today, Oklahoma requires more signatures for a minor candidate to get on the ballot, than any other state, when all the state requirements are compared on a percentage basis (See Appendix A). Historically, Oklahoma has kept more of the important presidential candidates off the ballot than any other state. "Important" is defined as a presidential candidate who received at least 2.0 percent of the presidential vote. Since Oklahoma became a state, there have been 14 "important" minor party or independent presidential candidates: Eugene Debs (Socialist) in 1908, Theodore Roosevelt (Progressive) in 1912, Eugene Debs (Socialist) in 1912, Allen Benson (Socialist) in 1916, Eugene Debs (Socialist) in 1920, Robert LaFollette (Progressive) in 1924, Norman Thomas (Socialist) inl932, William Lemke (Union) in 1936, Strom Thurrmond (States’ Rights) in 1948, Henry Wallace (Progressive) in 1948, George Wallace (American) in 1968, John Anderson (Independent) in 1980, Ross Perot (Independent) in 1992,Ross Perot (Reform) in 1996. See Appendix B lists sources for this information and a complete list of each state's ballot access record for these fourteen candidates. Oklahoma kept five of the fourteen candidates off the ballot (Roosevelt in 1912, Thomas in 1932, Lemke in 1936, Thurmond in 1948, and Wallace in 1948). No other state kept so many of the fourteen off the ballot. The only state which kept as many as four of them off the ballot was Louisiana (See Darcy p. 86). Furthermore, Oklahoma is one of only seven states which do not permit write-in votes for president at the general election. Oklahoma is one of five states which ban all write-in votes at general elections: the others which ban all write-ins are Hawaii, Louisiana, South Dakota, and Nevada. In addition, Nebraska and South Carolina, while permitting write-ins generally, ban them for president. As a result, many Oklahoma voters throughout history have been barred from having an absolutely free choice in presidential elections. For the 2000 election, a minor party or independent presidential candidate who wishes to appear on the Oklahoma ballot must submit 36,202 valid signatures of registered voters, no later than July 15. Oddly enough, Oklahoma does not impose mandatory petition requirements on independent candidates for other office. Anyone may appear on the general election ballot as an independent candidate in Oklahoma simply by paying the same filing fee which Democratic and Republican candidates pay for primary ballot access. The catch is that this method applies to all partisan office except president. By imposing severe standards for independent presidential candidates which are not imposed on independent candidates for other office, the Oklahoma law appears capricious and even irrational. This article outlines of the history of Oklahoma election law changes relative to minor party and independent presidential candidates.