Case: Williams v. Oklahoma

5:16-cv-00163 | U.S. District Court for the Western District of Oklahoma

Filed Date: Feb. 22, 2016

Closed Date: July 29, 2016

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Case Summary

Plaintiff, an individual, retired farmer, decided to run for President of the United States as a write-in candidate. He had run twice before as a write-in candidate for mayor and twice for governor so he was familiar with the process. He mailed his first declaration of write-in candidacy on January 1, 2016 and proceeded to mail to each state. Oklahoma, however, does not allow write-in candidates for President of the United States. On February 22, 2016, Plaintiff explained filed a complaint in t…

Plaintiff, an individual, retired farmer, decided to run for President of the United States as a write-in candidate. He had run twice before as a write-in candidate for mayor and twice for governor so he was familiar with the process. He mailed his first declaration of write-in candidacy on January 1, 2016 and proceeded to mail to each state. Oklahoma, however, does not allow write-in candidates for President of the United States.

On February 22, 2016, Plaintiff explained filed a complaint in the Western District of Oklahoma against the states of Oklahoma, South Carolina, Colorado and Utah. He later petitioned to consolidate his case with his similar case in the state of Louisiana. In his complaint, he emphasized that these states make it difficult to run as a write-in candidate for President.  For example, certain states require extra forms, don’t recognize write-in candidates at all, require applying in person, or require petition/signature drives collecting thousands of signatures to get on the ballot. Plaintiff claimed that those states that deny free access to their ballot as a write-in violate the Freedom of Speech and Equal Protection Clauses of the U.S. Constitution. Plaintiff demanded an injunction so that the state of Oklahoma could not refuse to include him on the presidential ballot.

Plaintiff filed a motion to proceed in forma pauperis. The district court denied Plaintiff’s petition, finding Plaintiff had sufficient means to pay the filing fee.  When Plaintiff failed to pay the filing fee, the district court dismissed the suit without prejudice.

Plaintiff filed an objection to the dismissal and further explained his income. Plaintiff also filed a Motion for Reconsideration and asked to pay a lower filing fee of $150. The district court denied Plaintiff’s motion to reconsider and directed him to pay a $400 filing fee. The court then dismissed the case without prejudice.

On June 1, 2016, Plaintiff appealed the denial of his in forma pauperis status. The United States Court of Appeals for the 10th Circuit affirmed the denial and also denied the Plaintiff’s motion to proceed in forma pauperis on appeal.

Summary Authors

Alicia Tschirhart (6/19/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5212867/parties/williams-v-oklahoma-state-of/


Judge(s)

Russell, David Lynn (Oklahoma)

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Documents in the Clearinghouse

Document
2

5:16-cv-00163

Motion for Leave to Proceed In Forma Pauperis/Affidavit of Indigency by Petitioner/Appellant

Feb. 22, 2016

Feb. 22, 2016

Pleading / Motion / Brief
1

5:16-cv-00163

Complaint and Class Action Lawsuit Request for Expedited Review & Injunction

Feb. 22, 2016

Feb. 22, 2016

Complaint
3

5:16-cv-00163

Report and Recommendation

Feb. 23, 2016

Feb. 23, 2016

Magistrate Report/Recommendation
4

5:16-cv-00163

Objection of Plaintiff

March 11, 2016

March 11, 2016

Pleading / Motion / Brief
5

5:16-cv-00163

Order Denying Leave to Proceed In Forma Pauperis

April 4, 2016

April 4, 2016

Order/Opinion

2016 WL 7665658

5

5:16-cv-00163

Order Denying Plaintiff's Motion for Leave to Proceed in Forma Pauperis

April 4, 2016

April 4, 2016

Order/Opinion

2016 WL 7665658

6

5:16-cv-00163

Motion for Reconsideration and Motion in the Alternative

April 22, 2016

April 22, 2016

Pleading / Motion / Brief
7

5:16-cv-00163

Order Denying Motion for Reconsideration and Motion in the Alternative

April 26, 2016

April 26, 2016

Order/Opinion

2016 WL 7665659

8

5:16-cv-00163

Motion for Consolidation

May 6, 2016

May 6, 2016

Pleading / Motion / Brief
9

5:16-cv-00163

Order Denying Plaintiff’s Motion to Reconsider

May 17, 2016

May 17, 2016

Order/Opinion

2016 WL 7665660

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5212867/williams-v-oklahoma-state-of/

Last updated Aug. 20, 2025, 9:05 p.m.

ECF Number Description Date Link Date / Link
1

Complaint

1 Appendix A - State Declaration of Write-in Candidacy, State of Oregon

View on RECAP

2 Appendix B - Certificate of Candidacy for Write-in Presidential Candidate, State

View on RECAP

3 Appendix C - Letter from Oklahoma State Election Board

View on RECAP

4 Appendix D - Letter from Utah Lieutenant Governor

View on RECAP

5 Appendix E - Letter from State of New Jersey

View on RECAP

6 Appendix F - Washington State Declaration of Write-in Candidacy

View on RECAP

7 Envelope

View on RECAP

Feb. 22, 2016

Feb. 22, 2016

Clearinghouse
2

Proceed In Forma Pauperis

Feb. 22, 2016

Feb. 22, 2016

Clearinghouse
3

REPORT AND RECOMMENDATION re 2 MOTION for Leave to Proceed in forma pauperis filed by Mitchell Williams. IT IS RECOMMENDED that Plaintiff's Motion for Leave to Proceed In Forma Pauperis be denied. IT IS FURTHER RECOMMENDED that if Plaintif f does not pay the $400.00 filing fee in full to the Clerk of the Court within 21 days of any order adopting this Report and Recommendation, that this action be dismissed without prejudice to refiling. Objections to R&R due by 3/15/2016. Plaintiff is further advised that failure to make timely objection to this Report and Recommendation waives his right to appellate review of the factual and legal issues addressed herein. Signed by Magistrate Judge Bernard M. Jones on 2/23/2016. (dl)

Feb. 23, 2016

Feb. 23, 2016

Clearinghouse
4

Objection to Report and Recommendation

1 Envelope

View on RECAP

March 14, 2016

March 14, 2016

Clearinghouse
5

ORDER ADOPTING REPORT AND RECOMMENDATION for 2 Motion for Leave to Proceed in forma pauperis filed by Mitchell Williams, 3 Report and Recommendation. Plaintiff shall pay the $400.00 filing fee not later than Monday, April 25, 2016. Th e Report and Recommendation is hereby ADOPTED. Plaintiff's Motion for Leave to Proceed In Forma Pauperis is DENIED (Doc. No. 2). Failure to tender the filing fee will result in dismissal without further notice from the Court. Signed by Honorable David L. Russell on 4/4/16. (jw)

April 4, 2016

April 4, 2016

Clearinghouse
6

Reconsideration

1 Envelope

View on RECAP

April 22, 2016

April 22, 2016

Clearinghouse
7

Order on Motion for Reconsideration

April 26, 2016

April 26, 2016

Clearinghouse
8

Consolidate Cases

1 Envelope

View on RECAP

May 6, 2016

May 6, 2016

Clearinghouse
10

Judgment

May 17, 2016

May 17, 2016

Clearinghouse
9

Order

May 17, 2016

May 17, 2016

Clearinghouse
11

Notice of Appeal

1 Envelope

View on RECAP

June 1, 2016

June 1, 2016

Clearinghouse
12

Preliminary Record Letter - Tenth Circuit

June 1, 2016

June 1, 2016

Clearinghouse
13

USCA Case Number

June 2, 2016

June 2, 2016

Clearinghouse
14

Letter - Record Sent to USCA

June 20, 2016

June 20, 2016

Clearinghouse
15

USCA Order and Judgment

July 29, 2016

July 29, 2016

Clearinghouse
16

USCA - Mandate Issued

Aug. 23, 2016

Aug. 23, 2016

Clearinghouse
17

Petition for Writ of Certiorari - Supreme Court

Oct. 27, 2016

Oct. 27, 2016

Clearinghouse
18

Petition for Writ of Certiorari - Granted or Denied - Supreme Court

Jan. 9, 2017

Jan. 9, 2017

Clearinghouse

Case Details

State / Territory: Oklahoma

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Feb. 22, 2016

Closing Date: July 29, 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individual seeking to be a write-in candidate for president of the United States

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

State of Oklahoma, State

Case Details

Constitutional Clause(s):

Freedom of speech/association

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Findings Letter/Report

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Order Duration: 2016 - 2016

Issues

Voting:

Candidate qualifications

Election administration