Primary Elections Constitutional Challenge
For transparency of the process, below are the filed court documents starting with the Tenth Circuit Court of Appeals to current entry into the Supreme Court of the United States.
The Beginning of Our Story
In 2022, after Senator James Inhofe resigned and a special election was called, I felt led by God to run for the United States Senate. Thirteen candidates entered the Republican primary. After the June 28, 2022 primary, T.W. Shannon and Markwayne Mullin advanced; Markwayne Mullin went on to win the general election in November. Within ten days of the primary election results in June of 2022, I was prompted to research the primary election system.
What was Discovered
After beginning a deep dive into how primary elections operate. That research raised serious questions and concerns about their impact on constitutional governance and the legitimacy of the current Federal Congress as selected through this mechanism of fraud.
In January 2024—around the time Colorado’s courts were considering former President Trump’s ballot eligibility—I uncovered additional issues about how primary systems may be used to preserve political power while violating candidates and EVERY voters constitutional rights on the ONLY constitutionally recognized date of voting in the general election of November.
From a Judicial precedent approach, there are ample cases that support a constitutional injury claim to Article 1 Section 4 Clause 1;
• Marbury v. Madison (1803) declared "anything repugnant to the Constitution is void from onset";
• U.S. Term Limits, Inc v. Thornton (1995) "Framer's intent was the constitution was the only qualifications allowed for federal elections and states are to divest from adding additional qualifications."
• Brentwood Academy v. Tennessee Secondary School Athletic Association (2001) "If state officials are pervasively entangled with the structure of an association, its actions are state action even if it is not technically a government organization".
• Bell Atlantic Corp v Twombly (2007) There must be sufficient facts in a complaint to state a claim to relief that is plausible on its face for it to avoid dismissal for failing to state a claim. (also the Ashcroft v Iqbal declares plausibility) though plausibility does not trump constitutional supremacy
• Norton v Shelby County (1886) "An unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection… it is in legal contemplation as inoperative as though it had never been passed."
The Case
On June 27, 2024, I filed a civil-rights lawsuit in the U.S. District Court for the Western District of Oklahoma (one day before the statute of limitations expired).
On November 7, 2024, an appeal was filed and approved to be sent on to the Tenth Circuit Court of Appeals in Denver, Colorado. The download link at the top of the page shows all three briefs filed with the Appeals Court.
On September 23, 2025, the Tenth Circuit Court of Appeals affirmed the Western District’s ruling, which, in my view, prioritized judicial precedent over constitutional validity in an attempt to stop the constitutional issue from being corrected.
On December 8, 2025, the Supreme Court of the United States confirmed receipt of the Writ of Certiorari and responded with format errors of having the order of each section in the wrong order and the appendix was photo-reduced causing a violation against the courts rule for petitions.
We are current resolving the issue to send back the petition very soon!!!
What's Next
As of December 12th, we received our package of booklets sent to the Supreme Court of the United States with minimal format corrections to be complete and now have 60 days to make those correction and return to the court for being placed on the docket for consideration.
In the meantime, we are also beginning a new path for a current event that has arisen in Oklahoma to promote a "Jungle Primary" open primary system called Oklahoma State Question 836.
We have submitted a filing to the Western District Court of Oklahoma a complaint declaring the Constitutional Violations this type of system will implement especially should it be unlawfully and unconstitutional pushed through to amend the Oklahoma State Constitution.
Don't be fooled by the recent "positive" news the parties failed to respond by the deadline!!!
Since this State Question was brought to the ballot by the people and not the Legislature, the Governor can and very likely will place it on a special election before the midterm primaries begin.