Filed Date: July 15, 2020
Closed Date: Oct. 1, 2020
Clearinghouse coding complete
This is a case about the special requirements Oklahoma placed on presidential candidates who wanted to be added to the ballot as representatives of a non-mainstream political party. Seven Oklahoma voters and the Green Party's 2020 U.S. presidential candidate filed this lawsuit against the Secretary of the Oklahoma State Election Board in the U.S. District Court for the Western District of Oklahoma on July 15, 2020.
Oklahoma officially recognized three political parties: Democrat, Republican, and Libertarian. For presidential candidates from unrecognized parties like the Green Party to get their names on the ballot, Oklahoma's Election Code had especially stringent requirements: more petition signatures with an earlier deadline, or payment of a much higher fee ($35,000 for an unrecognized party compared to $5,000 for a recognized party). These requirements did not apply to unrecognized party candidates for non-presidential federal offices, nor did they apply to presidential candidates from the three recognized parties.
The plaintiffs claimed that this differential treatment violated their speech, association, petition, equal protection, and due process rights under the First and Fourteenth Amendments of the U.S. Constitution. Represented by private counsel, they sought a declaration that the applicable sections of Oklahoma's Election Code were unconstitutional, and an injunction to hold those sections unenforceable and place the Green Party candidate's name on the November ballot. They also sought attorneys' fees and costs.
On October 1, 2020, a little over a month before the 2020 general election, the plaintiffs filed a stipulated order for dismissal. We have been unable to find an explanation for the dismissal; the plaintiffs may have realized that the litigation would not be resolved before the election.
The case is closed.
Summary Authors
Christina Van Wagenen (1/5/2023)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17356279/parties/hawkins-v-ziriax/
Friot, Stephen P. (Oklahoma)
Linger, James C. (Oklahoma)
McClure, Kevin Lynn (Oklahoma)
Schneider, Thomas R. (Oklahoma)
Friot, Stephen P. (Oklahoma)
See docket on RECAP: https://www.courtlistener.com/docket/17356279/hawkins-v-ziriax/
Last updated July 31, 2023, 3:14 a.m.
State / Territory: Oklahoma
Case Type(s):
Special Collection(s):
Healthy Elections COVID litigation tracker
Key Dates
Filing Date: July 15, 2020
Closing Date: Oct. 1, 2020
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Howard "Howie" Hawkins, Green Party presidential candidate; 7 Oklahoma voters
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Secretary of the Oklahoma State Election Board, State
Defendant Type(s):
Case Details
Causes of Action:
Constitutional Clause(s):
Due Process: Procedural Due Process
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
General:
Voting: