On May 15, the Oklahoma Supreme Court refused to hear the Libertarian Party’s ballot access case, a case that had been filed in 2004. The case is Libertarian Political Organization v Clingman. The party had spent a great deal of money in 2004 to submit a petition signed by 2% of the last vote cast, but the law requires 5%. The party had felt that turning in a petition signed by 27,000 signatures would establish that it had a modicum of voter support. The fact that no one else even tried in 2004, and that Oklahoma voters were the only voters with no choices for president on their ballot except Bush and Kerry in 2004, also seemed powerful evidence that the law is too strict.
The Oklahoma Constitution says that elections shall be “free and equal”, but that doesn’t seem to mean anything in the real world. Oklahoma is one of 5 states that doesn’t permit write-ins, so Oklahoma voters who wanted to vote for someone other than Bush or Kerry in 2004 completely lost their right to vote.