Former Oklahoma Representative Mark McBride is asking the Oklahoma Supreme Court to block Governor Kevin Stitt’s plan to ask voters whether the state should hold a constitutional convention.
McBride filed a lawsuit challenging Stitt’s authority to set a special election on State Question 848 for April 6, 2027. The governor’s proposal would ask voters whether the Legislature should call a constitutional convention that could propose changes to the Oklahoma Constitution.
The lawsuit argues the Oklahoma Constitution gives the Legislature, not the governor, the authority to begin that process.
Article 24 of the Oklahoma Constitution says no constitutional convention shall be called unless a law providing for the convention is first approved by voters. McBride argues that means the Legislature must first pass a law placing the question before voters. The filing contends the provision is not self-executing and gives the governor no independent authority to place the question on the ballot.
The lawsuit also raises a separation-of-powers challenge, arguing Stitt has attempted to exercise legislative authority through his executive proclamation and Executive Order 2026-31. The filing says the governor cannot point to a constitutional provision or state law giving him authority to order the election.
McBride also challenges Stitt’s creation of a nine-member Oklahoma Constitutional Convention Commission. The commission is supposed to study constitutional conventions and make recommendations about a potential convention. The lawsuit argues that step also bypasses the Legislature’s constitutional role.
The filing cites previous attempts to call constitutional conventions in Oklahoma, arguing they were initiated through legislation or the initiative process rather than executive action.
Stitt has argued his action is necessary because the Oklahoma Constitution requires the question of a constitutional convention to be submitted to voters at least once every 20 years, something the Legislature has not done for decades.
McBride is asking the Supreme Court to take jurisdiction of the case, temporarily stop preparations for the April election and ultimately declare Stitt’s proclamation and executive order unconstitutional.
