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Grand jury indicts three over signature gathering
NewsOK.com, October 3, 2007
Nolan Clay

What is TABOR

"TABOR is short for taxpayer bill of rights, a proposed amendment to the state constitution. It never made it on the ballot.

It would have set limits on the growth of state spending and would have required any surplus funds to be placed in a constitutional emergency fund.

The leader of an organization paid to get political issues and candidates onto ballots across the United States has been accused in a felony conspiracy indictment of illegally using out-of-state circulators during a petition drive in Oklahoma.

"I'm innocent. This is ridiculous, said Susan E. Johnson, president of National Voter Outreach, as she was led from court Tuesday in handcuffs.

Also indicted:

"Paul Jacob, who describes himself as a national leader in the movement to establish term limits on politicians.

"Rick Carpenter of Oklahomans in Action.

About the indictment

Oklahoma's multicounty grand jury last week indicted the three over their involvement in the 2005 petition drive to get a so-called taxpayer bill of rights on the ballot. The indictment was made public Tuesday.

Johnson, 47, of Michigan; Jacob, 47, of Virginia; and Carpenter, 43, of Tulsa are charged with conspiring to defraud the state.

Grand jurors alleged the three enlisted out-of state circulators to come to Oklahoma "with full knowledge and understanding the circulators intended to leave once the drive was over.

Under state law, a circulator must be a bona fide Oklahoma resident over 18 years old.

"We view this charge as very serious, said prosecutor Joel-lyn McCormick, an assistant attorney general. "Oklahomans are supposed to decide for Oklahomans, not people from Minnesota or Massachusetts or Nevada or the numerous other places where circulators were brought in from.

Carpenter also faces a felony count of filing a fraudulent initiative petition.

The maximum punishment on the conspiracy count is 10 years in prison and a $25,000 fine.

Background

The state Supreme Court last year threw out the taxpayer bill of rights petition, ruling more than 60 out-of-state circulators were used to collect signatures in violation of the law.

The Supreme Court found circulators "engaged in outright fraud by using false Oklahoma addresses in an attempt to satisfy Oklahoma law. One circulator was a foreigner, it said.

The accused organization

The Supreme Court identified National Voter Outreach as the organization paid to manage the process. The Supreme Court said "it is abundantly clear that the wrongdoing extended all the way to ... Johnson.

The Supreme Court also said, "Evidently, NVO has been involved in approximately 10 other petition drives in this state.

A federal judge last month upheld the constitutionality of Oklahoma's ban on out-of-state circulators. The decision is being appealed.

Reaction

"Johnson has said she thought she complied with Oklahoma's vague laws, even checking with the state Election Board on what it takes to be considered an Oklahoma resident. "These actions are considered illegal' in hindsight, Johnson said. "Not even public officials understood the law.

"Jacob said: "This is what happens when people petition their government? Is this America? What is going on? This is outrageous! This is an attack on the First Amendment of our country. ... It will not stand.

"Attorney General Drew Edmondson said the indictment is not politically motivated. "We're charged with enforcing the laws that are on the books. We don't make them up, Edmondson said.