9 Investigates: Former Gov. Brad Henry May Run Again In 2014 - NewsOn6.com - Tulsa, OK - News, Weather, Video and Sports - KOTV.com |

9 Investigates: Former Gov. Brad Henry May Run Again In 2014

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Voters amended the constitution in 2010, while Henry was governor, to limit the terms of statewide officeholders. Henry served from 2002 through 2010, when Mary Fallin was elected. Voters amended the constitution in 2010, while Henry was governor, to limit the terms of statewide officeholders. Henry served from 2002 through 2010, when Mary Fallin was elected.
OKLAHOMA CITY -

There are reports that former Governor Brad Henry may be getting back into politics. 9 Investigates' Alex Cameron looks into whether state law allows the 2-term governor to go for a third term.

Voters amended the constitution in 2010, while Henry was governor, to limit the terms of statewide officeholders. Henry served from 2002 through 2010, when Mary Fallin was elected.

State Question 747 limited the governor to a total of eight years in office. The years of service don't have to be consecutive to apply.

If serving less than a full term, however, those years do not count. Before this change, the governor was limited to two consecutive terms but could run again after a break.

The big question is whether the amendment applies retroactively since it was enacted while Henry was in office.

We asked Gov. Mary Fallin what she thinks of the possibility.

"Governor Henry has certainly been a long-time friend, and I have deep respect for him and his family, he's a great guy, but all along, we established our campaign over a year ago, we've been out campaigning for the last year, we're gonna run, anticipating that we will have an opponent, maybe several opponents," she said.

OCU law professor Andrew Spiropolous says Henry's best legal argument is that laws are meant to be prospective, that is, they apply only to the future that he should be subject to the rules that were in place when he took office.

The problem, Spiropolous says, is that the Oklahoma Supreme Court recently ruled in a case Henry was involved in that these laws can be retroactive, if the language specifically addresses it, and this amendment does.

Spiropolous thinks it would be "a reach for Henry to find a legal path to candidacy," but says he hesitates to say there's no chance.

Henry says he doesn't plan to run for governor in 2014, but won't rule out a future race.

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