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McCormick v. Moore

Four Oklahoma voters are challenging a citizen initiative to create an independent redistricting commission under the state constitution.

Last Updated: May 27, 2020
Published: March 16, 2020

Note: The Bren­nan Center is not a parti­cipant in this case.

Case Back­ground

On Febru­ary 28, 2020, four Oklahoma voters filed a peti­tion with the Oklahoma Supreme Court chal­len­ging the legal­ity of Initi­at­ive Peti­tion 426, a proposed consti­tu­tional amend­ment that would create an inde­pend­ent redis­trict­ing commis­sion to draw congres­sional and state legis­lat­ive maps. This is the second such chal­lenge to the redis­trict­ing reform initi­at­ive (formerly IP 420), after the state supreme court ruled the initi­at­ive peti­tion was legally suffi­cient in Gaddis v. Moore.

Plaintiffs in this case argue that Initi­at­ive Peti­tion 426’s method of count­ing people who are incar­cer­ated at their pre-incar­cer­a­tion addresses viol­ates Article 1, Section 2 of the U.S. Consti­tu­tion and the Four­teenth Amend­ment’s Equal Protec­tion Clause. They also claim that the peti­tion’s eligib­il­ity require­ments and disqual­i­fic­a­tions for commis­sion­ers viol­ate the First and Four­teenth Amend­ments. The plaintiffs are asking the court to block the addi­tion of Initi­at­ive Peti­tion 426 to a future ballot.

Oral argu­ment took place via tele­phone on March 17, 2020. On May 27, 2020, the court ruled that Initi­at­ive Peti­tion 426 is legally suffi­cient.

Docu­ments

Oklahoma Supreme Court