Oklahoma 3 update: Charges dropped

A month ago, Paul Jacob and two of his fellow activists for taxpayer rights got the good news that a federal court overturned the residency law that threatened to put them in prison for ten years — requiring that anyone collecting signatures for referendums in Oklahoma live in the state.  The Oklahoma 3 got more good news today.  The state has decided not to appeal the federal decision and will end their prosecution.

From their press release:

(LAKE RIDGE, VA) – Today Paul Jacob, President of Citizens in Charge, a national ballot initiative rights group, reacted to Oklahoma’s decision to drop all charges against the famed “Oklahoma Three” and ending the state’s attempts to hinder the ballot initiative process.

The “OK 3” were accused by Oklahoma of violating the state’s law banning non-residents from circulating petitions. The decision comes weeks after the Federal Court of Appeals ruled the state’s ban violated the First Amendment’s free speech protections.

Paul Jacob made the following statement:

“Today is a great day for justice, for freedom of speech and the right to petition one’s government. It is a great day for Rick Carpenter, Susan Johnson and me – now known as the Oklahoma Three.

“The charges brought against us by the attorney general have now been dismissed. They should never have been brought in the first place. We did not break the law and, as we all now know, the law itself is unconstitutional.

“Our prosecution has sadly had a chilling effect on Oklahomans, who want to reform their government and to hold it accountable through the petition process. My goal throughout this ordeal has been to encourage Oklahomans and Americans everywhere not to let their rights be eroded through fear and intimidation. Today we have won a victory.

“But the battle to protect citizen rights is far from over.

“As President of Citizens in Charge, I look forward to working with all Americans to see the voter initiative process triumph over attacks from politicians. The will of the people should always prevail over the desires of politicians.”

NOTE: The Oklahoma Three consists of Paul Jacob, Susan Johnson, head of a signature-gathering company, and Rick Carpenter, director of Oklahomans In Action.

Citizens in Charge is a non-partisan, non-profit organization dedicated to protecting and expanding the rights of citizens to petition their government.

Jacob explained the case in a Townhall column last year.  As I explained in December, Jacob and the other two defendants didn’t circulate the petitions themselves; they only consulted with the initiative’s leadership on petition circulation.  The state Attorney General charged them with a single count of conspiracy to break the residency-requirement law, but never charged anyone with actually breaking that law.  The AG never filed charges against any signature gatherer.  In other words, the state of Oklahoma prosecuted the OK3 for conspiring to commit supposed crimes for which they cannot and/or will not prosecute the actual alleged criminals.

The AG should have to answer for his Javert-like pursuit of obviously unconstitutional laws to persecute three people whose only crime was apparently consulting for some low-tax activists.  Oklahoma owes Jacob, Johnson, and Carpenter compensation for the money they had to spend to defend themselves against this ridiculous legal action.  In the meantime, we can all rest a little better for Oklahoma’s belated recognition that assisting people in legitimate political activity isn’t a danger to the state.

Update: I neglected to mention this, but the Oklahoma AG is Democrat Drew Edmondson.  Thanks to the commenters who reminded me to note this.  I guess I played Name That Party, didn’t I?

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