On August 31, the Oklahoma Americans Elect Party sued the State Board of Elections, over the Board’s refusal to let the party list its presidential candidate on the ballot. The state acknowledges that the Americans Elect Party is ballot-qualified, but says it won’t print the party’s presidential nominee on the ballot because the national leaders of Americans Elect don’t want that to happen. The case has a hearing on September 5, 2012, at 1:30 p.m., before a State Supreme Court referee.
The Oklahoma State Supreme Court frequently arranges for cases to be heard by a referee. Then the referee makes a summary of the evidence and arguments on both sides, and makes a conclusion, and lets the State Supreme Court decide whether it agrees or not. The case is Lawhorn v Ziriax. The state leaders of Americans Elect had nominated Gary Johnson on July 21, and the State didn’t react to that decision until August 29. The Attorney General had recommended to the State Board of Elections on August 17 that the state deny the request of the state party. But that opinion was kept secret until August 29.