"In a year when initiative petition reform bills got overwhelming support in the Legislature, Governor Henry decided that he would play Supreme Court justice with his veto pen," said Brian Downs, executive director of Oklahomans for Responsible Government.

The measure, vetoed by Henry shortly before the 2009 Oklahoma Legislature adjourned last month, would have extended the time that petition circulators have to gather signatures from 90 days to one year and provided new protection for circulators from being harassed by opponents.

In his veto message, the governor said that while the bill "contains several good provisions," a section that gives additional rights to circulators also "takes away the rights of other citizens."

Among other things, the bill would have made it a crime for a person to interrupt a conversation between a circulator and a potential signer, touch a petition or promotional material without the permission of a circulator or shout in the presence of a circulator to express opposition to the initiative.

"Such prohibitions have the effect of discouraging and even criminalizing such basic constitutional rights as free speech and freedom of assembly," Henry said.

The governor said he also objected to a provision that he said would give unscrupulous circulators a cash incentive to report offensive speech or assembly by requiring offenders to pay the complaining circulator $500 in damages.

But Downs said petition circulators need protection from opponents who in the past have shouted objections and attempted to intimidate them and potential signers. He said the bill passed the House and Senate by a collective vote of 128-1 and that Henry's veto would have been easily overridden had the Legislature not adjourned.

"I think that petitioners shouldn't have to face harassment," Downs said. He said people who circulate initiative petitions have just as much free speech and free assembly rights as those who might oppose their cause.

"That doesn't mean that they should be able to be bullied," he said.

Downs' organization cited an incident in November 2007 in which a circulator was attempting to gather signatures on a proposed constitutional amendment to end government-sponsored race and gender preferences that would have prohibited the state from giving preferential treatment on the basis if race, sex, ethnicity or national origin in public employment, education or contracting.

A black woman who was seeking signatures for the petition in a parking lot became involved in a confrontation with an opponent who videotaped the incident. The tape was later posted on YouTube.

"If people are going to go out there and collect signatures, they should be able to do it under circumstances in which they are not harassed," Downs said. "Apparently, Governor Henry doesn't care about the rights of citizens to be free to petition their government without being intimidated or threatened by opponents."

The civil rights petition was later withdrawn following a challenge by the American Civil Liberties Union.

Henry said he plans to form a task force before the next legislative session to review issues raised by the bill "and work on language that strengthens and improves the process without eroding the constitutionally guaranteed rights of individual citizens."

Downs said his organization will work with the governor.

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