Law & Principles

‘Top Two’ jungle primaries would be death knell for Independent, alternative-party candidates in Oklahoma

December 22, 2025

Chris Powell

Despite having difficult ballot access laws, which were even greater barriers in the past, Oklahoma has had several elections where alternative candidates have played a significant role. Our state’s last Democratic governor, Brad Henry, won his first term in 2002 by a razor-thin margin over Steve Largent in part because the Independent run of Gary Richardson dramatically changed the campaign. In Wes Watkins’ Independent gubernatorial run in 1994, Watkins won 24 counties.

Libertarian candidates have won more than 23 percent of the vote in a statewide race in three of Oklahoma’s last four general elections. There has been an Independent candidate in at least one statewide race in every Oklahoma general election for the past decade, and an Independent or alternative-party candidate on the ballot for Congress or statewide office in every general election in Oklahoma since 1966. 

The California-style “Top Two” jungle primary scheme in State Question 836 would make all this a thing of the past.

The vast majority of voters in the U.S.—especially those unaffiliated with a political party, such as the nearly half a million registered Independents in Oklahoma—don’t participate in primary elections. It’s clear from more than 15 years' worth of results under Top Two in California and Washington state that jungle primaries don’t significantly increase voter turnout in primary or general elections. The hyper-partisan minority that votes in Oklahoma’s primaries now would be the same people doing so under SQ 836, and they would be empowered to eliminate all but the two candidates in each race who receive the most votes in the primary. This virtually guarantees the elimination of Independent and Libertarian candidates on the general election ballot if there is more than one establishment-party candidate in a race.

Since enacting Top Two, California has only seen one Independent or alternative-party candidate reach the November ballot in a major race: Steve Poizner, who ran for Insurance Commissioner as an Independent in 2018. Poizner, a wealthy tech entrepreneur, had formerly been elected to that office as a Republican in 2006, and no Republican ran in 2018.

California’s top election official, Secretary of State Shirley Weber, has expressed disapproval of Top Two based on her experience running for statewide and legislative office. “It disenfranchises the small parties,” said Weber, who described in a 2021 interview how alternative-party candidates only ever ran against her as last-minute write-ins if she was otherwise unopposed, since this was the only way they could make it to the general election. Weber added, “We have really taken away the opportunity for the other voices to actually be a part of the general election.”

The hardships of Top Two have prompted three alternative political parties in California to take the matter to federal court, where a judge will rule on the charge that California’s jungle primary system is discriminatory, disenfranchises voters, and creates an insurmountable barrier for alternative-party candidates to reach the general election ballot.

The two states with the Top Two jungle primary also differ from Oklahoma as to party recognition. Washington allows candidates to pick their own party label, even that of an unrecognized party.

In California, the ballot status of political parties is maintained by having a minimum percentage of recognized voters. Six parties are currently recognized in California. If a candidate from a smaller party somehow makes it onto the general election ballot in a partisan race, the candidate can use that party’s label.

Oklahoma requires a political party to have a candidate who receives at least 2.5 percent of the vote in the general election for a statewide office. If the Libertarian Party (or any other party that meets Oklahoma’s high signature requirement) can’t reach the general election ballot due to SQ 836, it becomes impossible for that party to maintain ballot access. Oklahoma doesn’t allow write-in candidates.

While some states allow Independent candidates to list any party label they choose—even one that isn't recognized—Oklahoma does not, so losing ballot access due to SQ 836 means supporters of an alternative party may never see their party listed on a ballot again.

Oklahoma should pursue election reforms that empower voters by increasing choice. Reducing barriers to ballot access and restructuring to have more candidates on the general election ballot—when the largest number of people vote—would be positive steps. 

The Top Two jungle primary scheme in SQ 836 does the opposite and would be a death knell for Independent and alternative-party candidates in Oklahoma. If you want more choices on your ballot on Election Day, say no to SQ 836.