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Three indicted TABOR petitioners make their 1st court appearance by Marie Price The Journal Record January 29, 2008 www.journalrecord.com/article.cfm?recid=85724 OKLAHOMA CITY – Three individuals made their initial court appearances in Oklahoma City Monday on felony charges brought against them for their roles in the 2005 Taxpayer Bill of Rights petition signature drive. Picketers protest the indictments of TABOR petitioners, along with a lone supporter, during a press conference Monday on the steps of the Oklahoma County Courthouse. Richard Carpenter, chairman of Oklahomans in Action, which sponsored the drive; Susan Johnson, president of National Voter Outreach, the organization that gathered the signatures; and Paul Jacob, president of Citizens in Charge, are each accused of one count of conspiracy to defraud the state. Carpenter is also charged with violation of the Oklahoma initiative petition law. The trio’s next court appearances are set for March 13 before Oklahoma County Special Judge James Paddleford. The charges stem from supporters’ use of out-of-state petition circulators to gather signatures. Under Oklahoma law, circulators must be qualified electors. To meet that criterion, they must be U.S. citizens over the age of 18, qualified to register to vote in this state. Registration to vote requires applicants to be Oklahoma residents. The Oklahoma Supreme Court struck the TABOR petition from the ballot, citing a “pattern of wrongdoing and fraud” in the signature-gathering process. The potential penalty for conviction of conspiracy to defraud the state is 10 years in prison, a $25,000 fine, or both. The maximum penalty for violating Oklahoma’s initiative petition law is two years in prison, a fine of $500, or both. Earlier Monday, Jacob, Carpenter and about 30 supporters appeared on the south steps of the Oklahoma County Courthouse to voice their objections to the charges, and to the state law on which they are based. “I am innocent,” said Jacob. “We, the Oklahoma 3, are innocent.” Jacob contended that organizers did not violate the statute, although they believe the law is unconstitutional under the First Amendment. Jacob and others criticized Oklahoma Attorney General Drew Edmondson’s office for filing the charges, which came about as indictments by the multicounty grand jury. Jacob contended that the case is politically motivated. “This prosecution will have a chilling effect on those petition rights of the folks who live in this state and, through spreading fear, perhaps on the rights of citizens all over the country,” he said. Jacob said those pushing other initiatives, such as one to loosen up Oklahoma’s ballot-access process, have encountered a “climate of fear” that prompted some voters not to sign petitions. “Come what may, against any force or threat, I will continue to work to protect and expand the rights of citizens to control their government, so that we may never face the day when it is the other way around, with government utterly controlling citizens,” he said. State Sen. Randy Brogdon, R-Owasso, a TABOR backer, said that Monday should be marked as a “day of infamy” in Oklahoma. Brogdon said that Carpenter, Johnson and Jacob “are guilty of nothing more than to petition their government.” “This is a sad, sad day for Oklahoma, and with all of us, this will not stand,” he said. Carpenter termed himself “the target of an angry and vengeful government, determined to tell the people of Oklahoma, ‘don’t you dare get between the government and your money.’” The TABOR initiative would have placed restrictions on government spending. “It’s not their money, it’s the people’s money,” said Carpenter, who said he will continue the efforts his group began more than two years ago. Kim Wright, with Oklahoma Independent Voters, said prosecution of the “Oklahoma 3” intimidates voters from exercising their right to petition their government. “The initiative process provides ordinary citizens, regardless of political party, the opportunity to bring issues to the voters, issues that legislators might not be willing to support or pursue,” said Wright. Edmondson later issued a statement saying that it is nothing new when a defendant in a criminal case criticizes the prosecution. “This is not a First Amendment issue,” he said. “Our allegations involve violations of state election laws that denied the ability of the Oklahomans who legitimately signed the petition to bring this measure to a vote.” Edmondson said he fully supports the initiative process. “If the courts determine that the state’s process violates the First Amendment, so be it,” he said. “Until that time, our law will be enforced.” Following the court hearing, Assistant Attorney General Joel-lyn McCormick said the defendants did not meet the requirements of Oklahoma law regarding circulating petitions.  “It’s our contention that the defendants willfully and fraudulently violated the law,” she said. “That’s why they’re being held accountable.” McCormick said she will not be diverted by the “antics outside the courtroom.” “I believe it’s more for distraction, as opposed to the real merits of the case,” she said. “We’re going to stay focused on the merits of the case.”

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