Tulsa County District Attorney candidate Steve Kunzweiler has filed suit to have state Sen. Brian Crain and Rep. Fred Jordan removed from the ballot.
Kunzweiler said after the governor approved a bill granting pay raises for district attorneys, the state legislators became ineligible for the office.
"What we're facing is an issue with our constitution, and that's too important to me," Kunzweiler said. "This job is too important to our community, and I feel duty-bound and obligated to follow through with what my oath has told me to do. And that's why I'm bringing this action."
Crain has withdrawn from the race, but Jordan has not; however, both their names are due to appear on the ballot next week.
The state constitution prohibits legislators from being appointed or elected to an office given a raise while they were lawmakers.
"Article V, Section 23, in my mind — based upon the law I have reviewed and have researched with other attorneys — clearly puts state Rep. Fred Jordan in the exact same position as state Sen. Crain recognized," Kunzweiler said.
Kunzweiler has asked the Oklahoma County District court to find the other candidates prohibited from being elected and the election board prohibited from certifying them.
