Attorney asks Oklahoma court to stop special election for open US Senate seat

An attorney is asking an Oklahoma court to stop the state’s special election for Sen. James Inhofe’s (R-Okla.) seat.

Lawyer Stephen Jones, who represented Oklahoma City bomber Timothy McVeigh and has taken on other high-profile cases, filed a lawsuit against Oklahoma State Election Board Secretary Paul Ziriax on Monday, arguing that the state is not permitted to hold a special election until the seat is vacated. The suit was filed with the Oklahoma Supreme Court.

Inhofe last month announced that he was retiring from the Senate early next year after nearly three decades in the upper chamber. In accordance with state law the special election to fill his seat was scheduled for November — the same time of other midterm races — because he announced his retirement before March 1.

He signed an “irrevocable pledge” on Feb. 28, which allowed the election to be scheduled at the same time as the state’s other elections this year, according to The Associated Press.

Jones, however, is making the case that Oklahoma Gov. Kevin Stitt (R) is not permitted to set the election for November because Inhofe has not yet departed the Senate. He claims that the state is acting in violation of the 17th Amendment, which states that “the executive authority of such State shall issue writs of election to fill such vacancies.”

Jones is arguing that the seat must be vacant for the amendment to be activated.

“The Seventeenth Amendment does not permit a special election to fill Senator Inhofe’s seat until after he vacates his Senate seat, which is not expected to occur until January 3, 2023 at the earliest,” the lawsuit reads.

He is asking that the court order the state Election Board to not accept any candidacy declarations for the seat or print any ballots for the primary election, scheduled for June, and the general election in November.

When reached for comment, a spokesperson for the Oklahoma State Election Board told The Hill that it does not comment on pending litigation, and referred inquiries to the Oklahoma Attorney General.

A spokesperson for Oklahoma Attorney General John O’Connor (R) told The Hill that the office is “reviewing the case and will be representing the Election Board.”

A number of Republicans have already entered the ring to succeed Inhofe in the Senate, including Luke Holland, the senator’s chief of staff, Rep. Markwayne Mullin (Okla.), state Sen. Nathan Dahm and former Trump national security official Alex Gray.

Inhofe endorsed Holland when announcing his resignation.