Last month, I wondered whether the Seventeenth Amendment allowed Oklahoma to hold a special election for the future vacancy of Senator Jim Inhofe. Now, details of a lawsuit from the Tulsa World:
One of Oklahoma’s best-known attorneys is asking the Oklahoma Supreme Court to halt the planned special election to replace U.S. Sen. Jim Inhofe.
Stephen Jones of Enid filed a petition Monday in which he says the special election would violate the U.S. Constitution’s 17th Amendment, which provides for the popular election of U.S. senators and established precedent regarding special elections.
In short, Jones argues that a vacancy can’t be filled until it actually occurs, and Inhofe doesn’t plan to leave office until Jan. 3.
The docket for Jones v. Ziriax is here. The state’s brief is due March 18, and the Supreme Court will hear oral argument March 23.