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« Sammies Citizen Activist Awards and Some LinksNebraska Civil Rights Initiative (NbCRI) Wins Post Vote Legal Challenge »

Major National Victory in Oklahoma for Petitioner Rights - "Conspiracy Against the State" Charges Dropped Against Petitioners


Paul Jacob and two others now known as the "Oklahoma Three" are now free from charges brought by Oklahoma Attorney General Drew Edmondson, a Democrat, who sought to retaliate against the three for a failed 2005 anti-tax petition drive. The drive failed after a special master of the Oklahoma Supreme Court found too many signatures were collected by individuals he didn't believe "intended to reside permanently" in Oklahoma. Two years later, in 2007, Jacob and other organizers were indicted for a 10-year felony charge of "conspiring to defraud the state" - a vague catchall statute on the theory that they intentionally violated residency requirements and that intentional violation amounted to 1) a conspiracy and 2) defrauding the state (so literally, any group effort that violated complex Oklahoma rules could become a 10 year felony). While the state criminal case proceeded in early discovery phases, a federal Constitutional challenge to the residency requirement - on First Amendment grounds - was raised.

Jacob's case is important nationally as Oklahoma became a "dead zone" for petitioners - chilled by the prospect of 10 years in prison. No ballot initiatives qualified in 2008 through the process, and efforts such as Ward Connerly's Oklahoma Civil Rights Initiative was quelled because of the chilled environment and a number of other difficulties all coming to together. The 10th Circuit's refusal to rehear the case and Edmondson's decision not to appeal to the US Supreme Court, puts the 10th Circuit in among other circuits and regions with similar rulings. Here, in the Eastern District of Michigan, Leon Drolet's Michigan Taxpayer's Alliance successfully fought residency requirements in the Andy Dillon recall battle. While the Dillon effort paid off for Dillon by delaying the recall until the regular election, and thereby changing its dynamic, the impact of the residency ruling will be broader ranging for future petition rights, at least until another Circuit disagrees and a case somewhere reaches the US Supreme Court.

Permalink 01/23/09 01:56:03 am , by Chetly Zarko Email , 10163 views, Ballot Initiatives, Michigan, Process, National, National,

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