Oklahoma Supreme Court Violates Constitution

  Oklahoma has more than her share of corruption. The legacy of executive, legislative, and various county & municipal scandals are more shameful than we want to face up to.

The constitutional impact of the ruling

But the power-grab of this present supreme court is becoming very dangerous.  They were asked to rule on a constitutional issue of eligibility in a district attorneys race. The current abigious language of our poorly-written constitution seems to say that only one of the current candidates can lawfully be elected. When a legislature hikes the pay of an office, none of those legislative members can be elected to that office until their current term runs out (in this case, Nov. 19th).

  The candidate who's eligibility is being challenged, Fred Jordan; put together a legal team to make the argument that the real election doesn't happen on election day. Not the primary election, not the run-off, or even the general election day. And attorney Terry Simonson actually has some precedence for this untenable position. Some 70+ years ago  the Oklahoma Supreme Court said that the election really doesn't happen until the new legislature convenes in January (at least in a governor's election).

  Well, this current supreme court ignored both the language of the constitution as argued by the petitioners, and the arguments of the respondents, including Terry Simonson's notion and the previous court's precedence.

  Instead, they embarked upon a de-facto rewriting of the Oklahoma Constitution so as to make new restrictions which they believe is less ambiguous and more workable.

the current Oklahoma Supreme Court jurists

The major problem with that is, They do not have the power to re-write the constitution. That power is reserved to the PEOPLE.

  The Oklahoma constitution is a hodge-podge of over 150 amendments and so much ambiguity that we keep creating messes which require court rulings.

  The people of this state need a better-written constitution. But the people need to vote on the language and not leave it up to legislatures, courts, executive orders, or lawless mobs.

  The current court has demonstrated a basic lack of respect for the powers invested in the people. They wrote a new constitution and forced it upon us. It's supposed to be the other way around!

Justice Taylor
dissents ruling

  Judge Steven Taylor should be applauded for his dissent opinion that the Court “refused to properly construe” the Constitution in this matter. He found that the Court misconstrues the term “elected” to mean “assuming or taking office.”

  ”There appears to be a disconnect between the Court’s decision and the plain language” of the Constitution", Taylor wrote. “For Tulsa County, the Republican primary runoff will be held on August 26, 2014. No Democrat has filed for the seat. The winner of this runoff will receive a certificate of election, which will be issued…on August 29, 2014…Therefore, under Oklahoma election law, the certified winner of the primary runoff will be deemed elected to the position of Tulsa County district attorney.”

David Van Risseghem

Ken Yazel Wins A Supreme Court Fight

Wealthy Tulsans are living out their retirement
 years in tax-exempt single-family "cottages"
 like this, at Montereau, in South Tulsa.

  The Oklahoma Supreme Court agreed with the Tulsa County Assessor that his office could hire it's own attorney to fight the possible appeal of a tax assessment dispute on a very costly piece of property.

  County Assessor, Ken Yazel, had battled The Warren Medical Research Center, Inc.; Montereau, Inc., and the Tulsa County Board of Equalization to put some valuable property on the tax rolls.  Montereau challenged the assessment and the Board of Equalization said the property was not taxable because of its nonprofit incorporation.

   Yazel  appealed that decision in district court ... Read the story at the Tulsa Beacon.

_

  The Oklahoma Supreme court has not yet heard the actual case. This ruling simply corrects a lower court's misapplication of state laws and regulations for the county assessor's office and procedures.

  The question that stumps the Tulsa County taxpayers is;
 "Why didn't Tulsa County's district attorney's office provide the needed legal representation?"

The Tulsa County Library lists the following information of the Tulsa County Equalization board: Location Tulsa County Courthouse Annex 500 S. Denver, Room 116 Tulsa, OK 74103 Phone: 918-596-5836 Fax: 918-596-5867 Notes:  Contact: Debi Toliver, County Clerk Deputy. Chairman: Dr. A. Theodore Kachel, V. Chair:  Warren G. Morris, Member:  Ruth B. Gaines,  Sec: Earlene Wilson. Excise Board meets as needed. Equalization Board meets daily to weekly depending on the number of protests filed. Meetings are usually held in Commission room 119, Tulsa County Administration Building. A three member board with two distinct functions, as follows: As the Excise Board, it functions as the watchdog agency which reviews all appropriations and requests of the county to determine if they are legal and adequately funded. The Excise Board computes the levies for all county municipalities and certifies them to the County Assessor; it apportions the millage; it reviews and approves the county budgets. As Equalization Board, its duty is to equalize, correct, and adjust the tax assessment rolls to conform to fair cash value by adusting the appraised or market valuation of certain properties or correcting any errors it may discover. Updated 5/10. Update req mailed 3/12, 3/13 Alternate Names:  Equalization Board. Excise and Equalization Board. Excise Board.

 We cannot naively pretend that politics and money have no impact on the consistent application of justice. In a very real way, justice is purchased. We see a clear distinction between the verdicts and sentences that the courts hand out to the poor and the wealthy. Prosecutors are often compared to cowards when faced with a court case and a defendant with a high-priced crack legal team. Does Montereau's vast assets have any impact on the case?

  Is the cost of county govt. being carried on the backs of our less-affluent population? Should "for-profit" medical facilities pay property taxes just like "for-profit" auto repair centers or veterinary clinics? We don't generally celebrate higher taxes, but we do demand equity in how the current laws are being applied to all segments of Tulsa's society.

David Van Risseghem

Oklahoma Citizens Beat Back Obama's Plot

  I want to thank David & Barbara Green for expending personal assets on my behalf, to press the constitutional protection of laity to actually live out their faith in the marketplace. Oklahoma has been blessed to have such solid businesses grow from within our midst.

  It grieves me that the leaders of religious structures only spoke up when their church entity was coerced into sinful acts. The various "men of the cloth" demonstrated, to various degrees; a self-absorption with building their own religious empires, but showing very little concern for the devout "sheep of their fold" when the wolves of oppression were coercing them to deny the very practical daily expressions of their faith. 

  I am grateful that the courts have consistently upheld the rights of congregants to actually live true to their spiritual convictions.  A narrow 5-4 ruling of the high court is seriously troubling and the language of this decision needs to be expanded to the person who is coerced to pay a government expense which also violates strict tenants of faith.
  If the oppressors of our civil liberties (at this time it appears to be the Obama regime), are successful in supplanting honorable jurists with lackeys of their own making, then America will cease to be the land of the free.

David Van Risseghem

A Preview Of the November Election

  Many of the key 2014 Oklahoma races are a big step closer to being decided. Oklahomans entered the primary season with a few federal & statewide seats already decided because no one contested an incumbent.

2014 Oklahoma Election Progress UNITED STATES SENATOR Democrat 163K primary voters MATT SILVERSTEIN, 33,  8115 E 112th St S, Bixby, OK 74008 Republican 265K primary voters JIM INHOFE, 79,  2139 E 32nd St, Tulsa, OK 74105 Independent RAY WOODS, 78,  202 N Main, Fairview, OK 73737 AARON DeLOZIER, 30,  2103 Fm 171, Wichita Falls, TX 76305 JOAN FARR, 58,  PO Box 998, Broken Arrow, OK 74013 UNITED STATES SENATOR - Unexpired Democrat - runoff needed 163K primary voters CONNIE JOHNSON, 61,  3301 E Forest Park Dr, Oklahoma City, OK -or- JIM ROGERS, 79,  8623 E Reno Ave Apt 5, Midwest City, OK 73110 Republican 265K primary voters JAMES LANKFORD, 46,  16121 Windrush Pl, Edmond, OK 73013 Independent MARK T. BEARD, 54, 10321 Walnut Hollow Dr, OkC, OK 73162 UNITED STATES REP - DISTRICT 01 Republican - unapposed JIM BRIDENSTINE, 38,  10630 S Erie Pl, Tulsa, OK 74137 UNITED STATES REP - DISTRICT 02 Democrat 52K primary voters EARL E. EVERETT, 80,  316 W Benge Rd, Ft Gibson, OK 74434 Republican 32K primary voters MARKWAYNE MULLIN, 36,  RR 1 Box 8255, Westville, OK 74965 Independent JON DOUTHITT, 76,  22815 Woodridge Dr, Claremore, OK 74019 UNITED STATES REP - DISTRICT 03 Democrat FRANKIE ROBBINS, 68,  118 Fir Dr, Medford, OK 73759 Republican 66K primary voters FRANK D. LUCAS, 54,  Route 2 Box 136, Cheyenne, OK 73628 UNITED STATES REP - DISTRICT 04 Democrat 28K primary voters BERT SMITH, 66,  3309 Elmo Way, Moore, OK 73160 Republican 48K primary voters TOM COLE, 64,  104 Briarwood St, Moore, OK 73160 Independent DENNIS B. JOHNSON, 74,  3400 Enterprise Dr, Norman, OK 73026 UNITED STATES REP- DISTRICT 05 Democrat - runoff needed  30K primary voters TOM GUILD, 59,  2109 Rushing Meadows, Edmond, OK 73013 -or- AL McAFFREY, 65,  720 NW 16th, Oklahoma City, OK 73103 Republican - runoff needed 55K primary voters STEVE RUSSELL, 50,  1313 SW 105th Pl, Oklahoma City, OK 73170 -or- PATRICE DOUGLAS, 51,  1712 Crossbow, Edmond, OK 73034 Independent BUDDY RAY, 70,  9904 N Charter Oak Cir, Edmond, OK TOM BOGGS, 51,  Baan Thai #2817 324 Rachamanka Rd - - Thailand, Nakhon Pathom, 73000 ROBERT T. MURPHY, 66,  2862 Classen Blvd, Norman, OK 73071 GOVERNOR Democrat 163K primary voters JOE DORMAN, 43,  708 W Apache Ave, Rush Springs, OK 73082 Republican MARY FALLIN, 59,  820 NE 23rd St, Oklahoma City, OK 73105 Independent RICHARD PRAWDZIENSKI, 66,  1712 Timber Ridge Rd, Edmond, OK 73034 JOE SILLS, 34, 1232 SW 92nd St, Oklahoma City, OK 73139 KIMBERLY WILLIS, 51,  1111 NE 63rd #D, Oklahoma City, OK 73111 LIEUTENANT GOVERNOR Democrat 163K primary voters CATHY CUMMINGS, 52,  3015 Lakeside Dr, Oklahoma City, OK Republican 265K primary voters TODD G. LAMB, 42,  5423 NW 132nd, Oklahoma City, OK 73142 STATE AUDITOR AND INSPECTOR Republican  - unapposed GARY A. JONES, 59,  20237 SW Tinney Rd, Cache, OK 73527 ATTORNEY GENERAL Republican - unapposed SCOTT PRUITT, 45,  2834 S Utica Ave, Tulsa, OK 74114 STATE TREASURER Republican - unapposed KEN MILLER, 47,  1617 Durham Ct, Edmond, OK 73013 SUPT. OF PUBLIC INSTRUCTION Democrat - runoff needed 165K primary voters JOHN COX, 50,  13244 Hwy 82-C, Hulbert, OK 74441 -or- FREDA DESKIN, 65,  1701 N Mistletoe Ln, Edmond, OK Republican 265K primary voters JOY HOFMEISTER, 49,  5713 E 103 St, Tulsa, OK 74137 COMMISSIONER OF LABOR Democrat 163K primary voters MIKE WORKMAN, 63,  5862 S Pittsburg Ave, Tulsa, OK 74135 Republican 265K primary voters MARK COSTELLO, 58,  5901 N Santa Fe Ave, Edmond, OK 73025 INSURANCE COMMISSIONER Republican - unapposed JOHN DOAK, 51,  9910 E 97th, Tulsa, OK 74133 CORPORATION COMMISSIONER Republican - unapposed TODD HIETT, 46,  16431 Slick Rd, Kellyville, OK 74039

 While 2014 will be historical for the number of seats contested, the voters have a significant number of races decided for them.
  Jim Bridenstine, Scott Prewitt, Gary Jones, & ken Miller were not challenged electorally. Todd Hiett & John Doak won clear primary victories and were not challenged by any Democrat or independent candidates.
  Democrats will have statewide runoff elections to determine their candidate for Superintendent of Public Education and for US Senate in the unexpired term being vacated.
  The Oklahoma City metro area will send both Republican & Democrat voters to the polls for a runoff of congressional candidates in District 5.

Markwayne Mullin

 The steady growth of the Republican Party continues to demonstrate an overwelming advantage in most areas of the state. Only in District 2 were there more Democrats at the primary polls than Republicans. Incumbent Markwayne Mullin will seek a 2nd term to congress in this historically "Dixiecrat" part of East & Southeast Oklahoma.
  There was one very public rebuke and eviction in the June 24th election. State Superintendent, Janet Barresi was widely rejected for her administration of the state's public schools. Her advocacy of Common Core was repudiated by Conservatives and proponents of state independence in education standards. Liberals and school district administrators blasted her "grading the schools" initiative.  A groundswell of public support for school district flexibility began to emerge in legislative initiatives. Gov. Fallin could have received equal scrutiny, but she still won the primary election.

James Lankford

The most stunning victory came in the US Senate race to finish Tom Coburn's term. A young Baptist preacher-turned-politician rose to leadership in every arena of church and govt. service. His 57% in the primary was not expected. While some credit his record of service, others also point out the strong support of the state's Southern Baptists and thousands who send their teens to Falls Creek Baptist Church Camp, where he was a popular director.
  The "Tea Party" label became ambiguous in Oklahoma because nearly every Republican claimed to identify with the populist label. While originally the term identified with a strong opposition to federal bailouts of banks and others deemed "too big to fail"; it is now vaguely connected in media outlets with anti-immigrant, states' rights, privacy rights, and other social issues.
   Lost in the 2014 election is the issue of Federal mandated health insurance requirements and the massive federal deficit. the issues of marriage and abortion have rarely been debated or even referenced in campaign literature.

David Van Risseghem

Live election Night Coverage

   Sooner Politics will be live and up-to-the-minute with official State Election Board returns as they are posted.

   Our network of bloggers will be reporting from the many watch parties and from their own headquarters.

We'll be publishing reactions to the results and reflecting upon why the candidates fared the way they did.

   If you're at a watch party with your tablet or phone, log into www.SoonerPolitics.org to get all the latest info and news from around the state.

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David Van Risseghem