Three political activists who worked on behalf of a 2005 initiative effort to limit state spending were indicted in Oklahoma October 2, 2007, on felony charges of violating the state’s statute requiring petition circulators to be residents of Oklahoma.

“This indictment is not about the law, but about politics — ugly, anti-democratic politics,” said Paul Jacob, national term limits leader and pro-initiative advocate, who was one of the three indicted. “Their prosecution is a 100-percent politically-motivated attempt to threaten and intimidate me, and any other citizen wishing to petition their government.”

Jacob and his co-defendants — Susan Johnson, president of National Voter Outreach, a petition management firm, and Rick Carpenter, the proponent of the controversial 2005 initiative that would have set a cap on state government spending that could only be lifted by a vote of the people — have been dubbed “The Oklahoma 3.”

The three pled not guilty in their original indictment in October, which was later dismissed due to a technical problem, but Attorney General Edmondson filed a new indictment in December, with a new arraignment scheduled for January 28. The three intend to plead not guilty again.

The Oklahoma 3 have insisted that they sought and followed the advice of the Attorney General’s office and others regarding complying with state law and what constituted a “resident.” They believed they were acting in compliance with the law.

“I did nothing wrong, unless trying to help Oklahoma citizens place a measure on the ballot for a vote of the people has now become a crime,” Jacob remarked. “After celebrating so many victories in the long, tough struggle for civil rights, it is shameful that Oklahoma authorities seem determined to harass those of us they deem ‘outside agitators.’”

Oklahoma’s residency requirement is being challenged in federal appeals court by Yes on Term Limits, which seeks to limit terms of statewide elected officials. The case has now been appealed to the 10th Circuit Court of Appeals, following a ruling last fall in which Judge Timothy Leonard upheld the residency law regarding initiative petitions.

MANY COME TO THE DEFENSE OF THE OKLAHOMA 3

Many defenders of free speech and an open political process have come to the defense of the Oklahoma 3. Oklahoma State Senator Randy Brogdon came out with a strong statement condemning the prosecution of “The Oklahoma 3″ and calling it politically motivated.

“Everyone should be deeply concerned about this,” Brogdon said. “The Constitutional rights of every citizen of Oklahoma are in jeopardy as well as the liberty of three good people who face ten years in prison. If this shameful political assault succeeds, everyone is at risk. It is an outrage!”

The Wall Street Journal wrote a sympathetic editorial in November, which began:

“A veteran political activist is facing 10 years in prison and a hefty fine for attempting to petition government for redress of grievances. The latest news from Pakistan? No, this is happening in Oklahoma.”

Steve Forbes wrote a hard-hitting editorial in the November 26 issue of Forbes magazine, entitled “Has North Korea Annexed Oklahoma?” The editorial concludes with this paragraph:

“The Oklahoma case stands out as an extreme move to restrict the behavior of political activists. But unless this thuggish behavior is firmly punished, other states and municipalities will quickly follow suit. After all, many local pols and their developer friends have been making ample use of the Supreme Court’s hideous decision two years ago that allows local authorities to seize private property to help politically connected private developers. Jacob has worked with Oklahomans pushing an initiative that would bar this type of eminent domain abuse, as well as a state term limits initiative. Now he is accused of committing a felony.”

The Oklahoma Gamefowl Breeders Association has also lined up against the Oklahoma Attorney General’s action in this case. While opposing a 2002 initiative to ban cockfighting, the OGBA found much evidence that out-of-state petitioners were being used in support of the initiative, a charge they brought to the attention of AG Edmondson. They were told that it was perfectly legal for individuals to come into Oklahoma from out of state, declare residency, and circulate petitions.

The OGBA issued a statement wondering why that same attorney general has filed felony charges against the Oklahoma 3 for doing the same thing. “It was as if the same law that put three people under arrest this month, in leg chains, did not apply to the exact same thing done during the signature gathering of the cockfighting petition. We now ask, is it law or politics?”

The Muskogee Phoenix, an Oklahoma newspaper, editorialized against the indictment in January 2008. Referring to Drew Edmondson, they wrote:

His persecution of the initiative leaders is a blow to the democratic rights of Oklahoma citizens. It serves only to frighten and intimidate voters from exercising their constitutional rights to participate in the initiative process.