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Indictment lists 3 in TABOR case

Paul Jacob (from left), Susan Johnson and Rick Carpenter are taken from an Oklahoma City courtroom in handcuffs Tuesday after being named in an unsealed multicounty grand jury indictment. Jacob, of Citizens in Charge; Johnson, of National Voter Outreach; and Carpenter, of Oklahomans in Action, led a failed initiative petition effort for a taxpayer bill of rights. PAUL SOUTHERLAND / The Oklahoman / AP Photo
 
By BARBARA HOBEROCK World Capitol Bureau
Published: 10/3/2007  1:59 AM
Last Modified: 10/3/2007  1:59 AM

They are charged in relation to gathering signatures for a taxpayer bill of rights initiative petition.

OKLAHOMA CITY -- A multicounty grand jury indictment unsealed Tuesday in Oklahoma County District Court names three key figures in the failed effort to put a taxpayer bill of rights on state ballots last year.

Tulsan Rick Carpenter, president of Oklahomans in Action, faces one count of conspiracy to defraud the state and one count of filing a false, fraudulent, felonious and fictitious initiative petition.

Oklahomans in Action circulated the initiative petition.

Susan Johnson of Michigan, president of National Voter Outreach, and Paul Jacob of Virginia, of Citizens in Charge, were charged with conspiracy to defraud the state.

Jacob is a leader of the term-limits movement.

National Voter Outreach, a Nevada corporation, was responsible for the circulation and signature collection process, according to the indictment. The group was paid by Carpenter and Jacob for signatures gathered in support of the TABOR petition, according to the indictment.

Johnson said she is "absolutely innocent."

"This is ridiculous," she said.

District Judge Bryan Dixon entered pleas of not guilty for Jacob and Carpenter.

The Oklahoma Supreme Court tossed out the petition last year, saying it had too few legal signatures and that "the evidence supports substantial illegal participation of out-of-state circulators."

Carpenter, Johnson and Jacob were handcuffed together and taken out of the courtroom Tuesday.

They are accused of knowingly and illegally hiring and using out-of-state residents to gather signatures in support of a constitutional amendment that would have set limits on the growth of state spending and required any surplus funds to be placed in a constitutional emergency fund.

"Oklahoma law requires anyone who circulates a petition be a qualified elector; that means a U.S. citizen over the age of 18 and a resident of Oklahoma," said Attorney General Drew Edmondson, whose office oversees the multicounty grand jury. "The grand jury alleges Carpenter, Jacob and Johnson knew they were violating Oklahoma statute and engaged in a conspiracy to illegally gather signatures."

Jacob said the charges are an attack on a person's right to petition the government.

"It will not stand," he said.

Edmondson called the right to petition the government "the very life-blood of the democratic process."

"The voices of those Oklahomans who chose to support this petition were silenced because of this alleged conspiracy," he said. "We cannot tolerate schemes designed to manipulate our state's election laws."

Michael Trevino, an Oklahoma City lawyer representing Carpenter, had no comment.

Conspiracy against the state is punishable by as much as 10 years in prison and a $25,000 fine. Filing a false, fraudulent, felonious and fictitious initiative petition is punishable by as much as two years in prison and a $500 fine. Both are felonies, said Charlie Price, a spokesman for Edmondson.

Oklahoma's residency requirement has been challenged in federal court by Yes on Term Limits, a group that seeks to limit the terms of statewide elected officials.

A federal judge upheld the residency law regarding initiative petitions, but the case has been appealed.


Barbara Hoberock (405) 528-2465
barbara.hoberock@tulsaworld.com

By BARBARA HOBEROCK World Capitol Bureau

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Jeremy Good, Tulsa (10/3/2007 4:45:39 PM)
I will just re post my comment from yesterdays article in the state section. It seems that the Tulsa Whirled is gloating on this issue and I can assume then that they are a part of the problem.

Paul and his group committed no crime. The crime is the state government using KKK tactics to keep citizens out of the governmental process. What Paul Jacob did was hire professional signature gatherers to move to Oklahoma and become legal residents so that they could abide by state law requiring their residency to collect the signatures. This law violates the US Supreme court ruling Meyer vs. Grant which ruled that a government cannot "reduce the available pool" of people assisting citizens in communicating with other citizens and petitioning their government. Drew Edmonson, the monster of this story decided to attempt to stifle the citizenry by prosecuting Jacob and the others since the signature gatherers planned to move out of Oklahoma. This is nothing more than an attempt to muzzle citizens in their involvement with their government, a clear violation of our Constitution. Do some searches on Paul Jacobs to get the true story. Regardless of your political leanings or the issue at hand this sets a dangerous and un Constitutional precedent if this disgusting display of fascism is allowed to stand.

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Jake Matthews, Oklahoma City (10/3/2007 5:32:12 PM)
This indictment strikes me as flimsy -- based on a technicality. I don't think the residency rule is constitutional. But even if it were, my question is this: why did the State of Oklahoma choose to enforce it now? Are they out to protect their sacred cows? As long as the people signing the petition are state residents, who cares who holds the clipboard w/the petition on it? Of all the corruption that could be prosecuted in Okla., Mr. Edmondson had decided that this is what he will focus on. This indictment is a farce, and it's designed to block real political reform.
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Garth, West Bountiful, Utah (10/4/2007 6:04:09 PM)
something has gone awry in our legal system. we have seen too many malicious prosecutions in the last few years. renegade prosecutors have alleged crimes but end up not charging the "perp", after they have been run out off office (lately it has been republicans), or kicked out of school (Duke "rape" case). In the end you find out they were up for reelection or partisan politics were guiding their actions. this one sounds like partisan politics.

by the way, what is a "fraudulent, felonious and fictitious initiative petition"? considering this petition drive sounds legitimate?

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seamus, Taos, NM (10/5/2007 7:29:06 PM)
Paul Jacobs seems to get around. He has also been connected with ballot initiatives in Oregon, Montana and Nevada. There were problems with illegal signatures in those states as well. The Montana and Nevada initiatives were struck down by courts for illegal signature gathering Mr. Jacobs is a serial initiative booster who plays loose with the laws that regulate state initiatives.
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Jackie, Stillwater (10/5/2007 11:24:03 PM)
This is just the tip of the iceberg. This will be causing widespread waves in Oklahoma. For years there have been Oklahomans who have told this state goverment about the illegal tactics of these out of state big money funds sending in their professional signature gathers in order to change Oklahoma law. I say it is about time they did something. Just because this wonderful guy has a wife and three children and of course a dog, (seen his picture with it today) does not let him get away with breaking the law in Oklahoma. It is not just this guy who has done this, there have been more and I say bring them all to justice. I say let us make our own laws without outside big money and decide what our laws in this state are, we live here.
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shawn wilmoth, sioux falls,sd (10/8/2007 10:52:41 AM)
you people who mack pro petitioners sre ignorant morons. currently in todays society everyone is taught to shoot for the most oftenly unattainable american dream all the way from elementary as a distraction to what is really goin on in the world. professional petitioners are the only way to get issues to the ballot after the states have made things so outrageously tough for the citizens to have a voice. mr paul jacobs and his group were in quite a bit of states and in every state they were trying to protect property rights of the average citizen or set spending caps on government who no longer serves the citizens and rapidly spends our tax fdollars frivilously. dont believe all the morons that worked with the NEA or the aarp. if you research hard, they broke more laws then th citizens in charge did.
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MLK, (10/10/2007 6:12:46 PM)
There is nothing wrong with chasing the American Dream, so long that it is done legally. I have done work for Paul Jacobs in the past and he has left me hanging. He promises wonderful things and then blind sides you. I am still owed for work done in other places. He has no respect for State Election Laws. However he can get ahead, he does it regardless of who he hurts in the process! I have been doing this type of work for a few years now and I know how important and prudent it is to follow Election Laws. Each State is different and a group must conform to each of them. The lack of respect and the dismissal of State Statutes can not be tollerated any longer. There are legal and ethical groups that try to make it in this business but get the bad rap from deep pocket money scoundrals like these individuls.
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David M. Brown, (10/29/2007 12:23:38 PM)
The dishonesty, cynicism and contempt for facts of several of the commenters is par for the course for many now cheering the indictment of Paul Jacob, Susan Johnson and Rick Carpenter for having the temerity to be involved in a citizen initiative drive.

MLK (who has "worked with" "Jacobs" but doesn't remember that his name is "Jacob") babbles on about how the "lack of respect and the dismissal of State Statutes can not be tollerated [sic] any longer." And of course in MLK's book the failure to divine in advance how a state might re-interpret its own rules ex post facto is a crime well-deserving of up to ten years in prison. Right? Because he knows that that's the penalty these participants in democracy are facing, right?

And of course, MLK, Jackie, Taos (for whom Jacob is a "serial initiative booster," you know, like your serial killer, only different), and the rest have all perused Jacob's definitive self-defense as laid out in his statement at the freepauljacob site, right?

The foes of citizen initiative should lay their cards on the table. If you believe that a state government like that of Oklahoma should do its darnednest to ensnare any would-be supporters of citizen iniatives in an ever-denser, ever more ambiguous regulatory net, cast such that it becomes impossible, despite every good-faith effort, to avoid technical violations of those regulations unless one withdraws from the process altogether -- you know, say so. Just say so. Just admit that you want to kill the right of citizen initiative and it's fine with you if three good persons must rot in prison for no good reason at all if that is what the abusers of power need to do to achieve that end. Just admit that you're opposed to democracy, rights, liberty, and particularly the rights and liberty of anybody who might want to idealistically engage in the democratic process. Make your case for the destruction of the American political heritage openly.

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evan crane, san diego (4/24/2008 9:30:45 PM)
So u guys make up the law as you go? Read BUCKLEY vs the ACLF.
The DA can make up any law, premeditated to commit a felony,
conspire with others to commit a felony, transporting illegal documents etc etc, etc. Just because you're a pro from another state and you are trying to chase the American dream doesn't mean you have to make up laws. We the people need to put government back into the Constitution. All others need to leave this country so we can save our rights. Unfortunately, the people are sheeple and most don't vote and then complain on how bad everything is! You get the government you deserve and Paul and Shawn are innocent. It doesn't mean I have to agree with them on every issue but we as Americans have inalienable rights. Google Thomas Jefferson. The various DA's in this country are just climbing the US corporate ladder and they are just as corrupt as it gets, these defendants will have to spend their own money. The government has an unlimited amount to spend on prosecution, they use your tax dollars. The Patiot Act has replaced the Constitution, so now if the goverment wants you you better have big bucks. Most of us have to settle wth public pretenders, and to all of you that want to hang them all; don't ever ask why this country is so screwed up as Americans the Constitution promised us a better life. You people have no idea how hard it is to stand on concrete and ask citizens to sign a petition. If your lucky enough to do office work your looking at a 14 hour day seven days a week!!!!

“If once the people become inattentive to the public affairs, you and I, and Congress and Assemblies, Judges and Governors, shall all become wolves. It seems to be the law of our general nature, in spite of individual exceptions.”
Thomas Jefferson quote
 

 
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