Oklahoma Supreme Court Considers Legal Challenge To Special Election For Inhofe’s Seat

An attorney seeking to cancel the special election to replace U.S. Senator Jim Inhofe argued his case before the Oklahoma Supreme Court Wednesday.  

Stephen Jones mounted a legal challenge last month against the Oklahoma State Election Board, claiming the planned election to name a successor for Inhofe is unconstitutional.  

Related: Attorney Asks Oklahoma Supreme Court to Cancel Election To Replace Inhofe 

Last month, Inhofe announced he plans to retire on January 3, triggering the election. He simultaneously endorsed his chief of staff, Luke Holland, who is a candidate. 

Inhofe made an “irrevocable pledge” to resign in his announcement. Justice James Edmonson said during Wednesday’s hearing there is no enforcement mechanism to ensure Inhofe honors the pledge to step down. 

Jones called Inhofe’s plan “mischief” and said a special election would be unconstitutional because the 87-year-old senator has not yet left his office, which, he claims, violates the 17th amendment of the U.S. Constitution. He claims Inhofe could revoke his pledge to retire if, hypothetically, Holland did not win the election. 

“Obviously, the beneficiary of it is the person that Senator Inhofe wants to succeed him, and to block a gubernatorial appointment,” Jones said. “That’s the end result. I don’t know if that’s the reason for it, but that’s the result.” 

Oklahoma’s Solicitor General, Mithun Masinghani, spoke on behalf of the State Election Board. He said Jones’ interpretation of the Constitution is unprecedented, and that an official announcing plans to retire amounts to a vacancy. 

Masinghani compared Inhofe’s spot to that of U.S. Supreme Court Justice Stephen Breyer, who announced his plan to retire after the current term. The U.S. Senate is holding confirmation hearing of his possible replacement, Ketanji Brown Jackson, even though Breyer still hold the office, he said. 

Masinghani said Jones is attempting to “disenfranchise” Oklahoma voters by stopping the election of Inhofe’s successor.