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.

December 12, 2025

Supreme Court of the United States

November 7, 2024

All three filings at the Tenth Circuit  Court of Appeals

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.

Primary Elections Filing History

2026

Supreme Court - On the Docket!

January 16, 2026 this starts the 30 day response window for the Oklahoma Attorney Generals office to respond to the Supreme Court with a deadline of February 17, 2026.

2026

Booklets Received at Supreme Court

January 15, 2026 the Supreme Court of the United States successfully received our certified mailed order of booklets.

2026

New Booklets mailed

January 7, 2026 we received updated booklets with the sections in the right order and shipped via USPS to the defendants business addresses, the attorney on records address, and the Supreme Court as required.

2026

Writ of Certiorari booklets re-ordered

January 2, 2026 after changing order of paragraphs and manually converting the attachments of the two previous court orders, we have now submitted to our print shop the final booklets to be re-printed for shipment to the Supreme Court of the United States and each defendant's address.

2025

Supreme Court sent back with corrections needed

December 12, 2025 the Supreme Court of the United States returned booklets with formatting issues - several sections were placed before other sections - we have 60 days to correct and return.

2025

Supreme Court Initial Filing for Holley v. Bingman et al.

December 8, 2025 the Supreme Court of the United States received our Writ of Certiorari to review lower courts lack of review on Constitutional Invalidity over plausibility or precedent based ruling.

2025

Ruling Issued by Tenth Circuit

September 23, 2025 the United States Court of Appeals for the Tenth Circuit - affirmed the State's ruling for precedent based.

2025

Rebuttal to Attorney General's Response

January 31, 2025 we submitted to the Tenth Circuit Court of Appeals our response to the Attorney Generals reply.

2025

Attorney General Response 

January 21, 2025 the Oklahoma Attorney General's response submitted to the court.

2024

Appeal Opening Brief - submitted

December 18, 2024 the Court of Appeals for the Tenth Circuit received our opening brief.

2024

Appeal Granted for Tenth Circuit

November 7, 2024 our appeal was granted and now entering the Tenth Circuit Court of Appeals in Denver, Colorado.

2024

Motion to Appeal - filed

November 7, 2024 we filed the motion to appeal with the Western District Court.

2024

Holley v. Bingman, et al. (Petition filed)

June 27, 2024 filed with the Western District Court of Oklahoma the day before the Statue of Limitation Ran-Out

2024

Case Dismissed without Prejudice

October 9, 2024 the Western District Court dismissed our case without prejudice claiming no plausible complaint.

2022

Midterm Primary Elections 2022

June 28, 2022 mid-term primary election where I was removed from the qualification race.