Attorney Asks Oklahoma Supreme Court to Cancel Election To Replace Inhofe

An Oklahoma attorney filed a legal challenge against the Oklahoma State Election Board on Monday, asking for the special election to finish Sen. Jim Inhofe’s term to be stopped.  

Enid attorney Stephen Jones claims Inhofe’s plan to resign in January violates the 17th amendment of the U.S. Constitution, so a special election is unlawful.  

He said a true vacancy in the office is required for such an election.  

“Resigning, or giving notice of it, a year before you actually intend to leave office is not a vacancy within the meaning of the 17th amendment,” Jones said.  

Last month, Inhofe announced his plan to step down four years before the end of his term ends in 2027.  

Inhofe called his resignation “irrevocable” in a letter to the Oklahoma Secretary of State. The terminology is in accordance with a state law passed last year that allows for a special election instead of a gubernatorial appointment in the event of a U.S. Senate resignation.  

Jones said Inhofe could reverse his plan to resign, despite the language in the letter.  

“There’s no binding irrevocable letter of resignation. You can resign at any time, or you can withdraw your resignation,” Jones said. He added that if his lawsuit is successful, Inhofe would be able to retire immediately, prompting Gov. Kevin Stitt to appoint a temporary replacement. If Inhofe were to keep his plan to step down in January, a special election would be possible in 2024, Jones said.  

Stitt’s office did not comment on the legal filing, and neither did the Oklahoma State Election Board.  

Oklahoma has been through a similar selection process for a U.S. Senator in the last decade.  

In 2014, then-Gov. Mary Fallin called for a special election to replace Sen. Tom Coburn after he announced plans to retire. Jones said Inhofe’s case is different.  

“I was not in a position to challenge that then, and I think Sen. Coburn was a special case because he was seriously ill,” Jones said. “We’ve done it one time and it went unchallenged. To do it two times would make it a habit.”  

The Oklahoma Supreme Court scheduled oral arguments in the case for March 23 at 1:30 p.m.  

The Oklahoma State Election Board must respond to Jones’ filing by March 18, according to court records.