OK Ballot Harvesting at issue
Tulsa County Commission Race could set Oklahoma precedent
The first test of Oklahoma’s 2020 “Absentee Ballot Harvesting” law may well be the current campaign by Republican State Committeeman Bob Jack to win the Tulsa County Commissioner District 3 runoff August 23.
In mid-June, Jack’s campaign mailed to the district absentee ballot application forms en masse with each individual’s full legal name, address and date of birth completed on the form.
Ballot harvesting definitions include, “Partially or fully completing an application for an absentee ballot on behalf of another person without that person’s prior consent.” Jack’s campaign did not have the recipient’s “prior consent.”
While absentee ballot harvesting of less than ten ballots is a misdemeanor, “absentee ballot harvesting involving ten or more absentee ballots is a felony, punishable by five years in prison, a $50,000 fine, or both. See 26 O.S. § 16-104.1.”
Tulsa County Assistant District Attorney Douglas Wilson, Chief of the Civil Division was advised by the County Election Board “on or about July 15th” they had documentation of what appeared to be absentee ballot harvesting in the 2022 Republican Primary Election. Wilson directed the Election Secretary to report the matter to the Sheriff’s office.
Sergeant Huss was assigned and gathered documents, including 56 individual applications, statements, photographs, witness statements and complaints. From these documents, Wilson wrote Tulsa County District Attorney Steven Kunzweiler that it, “appear to me to be evidence of a voting crime, specifically absentee ballot harvesting.”
Rachel Roberts, Director of Communications for the Office of the Oklahoma Attorney General, said they received a recusal from DA Kunzweiler’s office and the case was forwarded to Creek County District Attorney Max Cook for consideration. No charge has been filed to date.
Bob Jack and Kelly Dunkerley, both Republicans, are competing to succeed retired Commissioner Ron Peters. Dunkerley, a former Jenks mayor, almost won outright in the June Republican primary, when he earned 49.1% of the vote to Jack’s 35.6.%.
In his recusal, Kunzweiler wrote, “I have known Bob Jack for a number of years, in particular as it relates to his involvement with the Tulsa County Republican Party political activities… In addition, Mr. Kelly Dunkerly is a friend of mine. He assisted me with my most recent contested re-election campaign. He has served with me on two recent church retreats. Given the severity of these allegations and my familiarly with both of the involved parties… the appearance of my office in the review process would be fraught with concerns over partiality / lack of impartiality. That is not fair to either of these parties nor to the citizens of Tulsa County.”
Bob Jack is currently the State GOP Committeeman for Tulsa County and active on several city and county committees, including the Election Board at one time. But in his race, Jack asserts he is “not a politician” in print material and live debates.
Jack has not returned calls seeking comment or spoken to reporters at public events. However, at a Candidate Townhall Monday August 8, an audience member asked about the ballot harvesting issue and Jack said, “I heard about that today so I got legal counsel and so far, everyone has told me there is nothing there. It’s a nothing-burger folks. I suspect in a couple of days we will have this resolved and it will just go away.”
Local broadcast news, the daily newspaper and the independent online Tulsa Today [also published by this writer] have covered the story which may continue after the runoff. If Oklahoma is serious about election law, this event cannot be ignored.
Jack issued a statement Thursday saying, “I did not authorize or have knowledge that the company processing the mail piece would include the information in question,” Jack said. “I, along with my legal counsel, are confident that I will be completely vindicated once the details of this matter are reviewed by the authorities.”
The term “nothing burger” was made famous when Hillary Clinton used it to describe her email scandal. CNN’s Van Jones also used the phrase when describing Trump/ Russia Collusion in undercover video captured by Project Veritas.
According to ethics filings, Bob Jack engaged Axiom Strategies of Kansas City, MO. to provide campaign consulting. The national firm’s website claims “1,100 campaigns served, 50 state experience, 250 million mailers sent,” but apparently they did not check Oklahoma’s 2020 Ballot Harvesting Law for this campaign.
The standard for all elections in America should be and once mostly was, “beyond any appearance of impropriety” but Oklahoma has struggled especially during the first 100 years Democrats ran the state. Integrity in public institutions must be monitored and verified to maintain credibility. Freedom requires public attention to detail.
DA Cook is well respected and in conversation impresses for straight talk and solid principles. There is no word on when law enforcement may complete investigations then when DA Cook may complete his review, but citizens, elected officials and candidates deserve clarity for compliance in ballot issues and procedures.
The winner of the Aug. 23 District 3 Republican runoff will become the next commissioner, since no Democrat or Libertarian filed for the office.