Free Paul Jacob

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"Free Paul Jacob" was a response to the criminal indictment announced on October 2, 2007, by Oklahoma Attorney General Drew Edmondson against term limits activists Paul Jacob, Susan Johnson of Michigan (president of National Voter Outreach), and Richard Merrill Carpenter of Tulsa (head of Oklahomans In Action). The three defendants were dubbed the "Oklahoma 3."

The multicounty grand jury indictment was unsealed on Tuesday, October 2, 2007. Jacob was widely quoted as saying that the charges "will not stand."

Eighteen months after Edmondson launched his criminal charges, he dropped them. On January 22, 2009, Edmondson withdrew all charges, saying that in the wake of a unanimous Tenth Circuit federal court decision the 1969 law under which he was prosecuting them was unconstitutional, he believed that his state's law was "no longer enforceable."

Federal court strikes down residency law

The federal 10th Circuit struck down Oklahoma's residency law 3-0 in early December, 2008, possibly meaning the end of prosecution for the Oklahoma 3 in the case of Yes on Term Limits v. Savage (YOTL).

The Tenth Circuit's decision was the third federal circuit court decision in 2008 that invalidated a state residency requirement. The Sixth Circuit said that Michigan's residency requirement was unconstitutional in Bogaert v. Land in August 2008 and the Ninth Circuit said that Arizona's residency requirement was unconstitutional in Nader v. Brewer in July 2008.

The YOTL decision was seen as undercutting Drew Edmondson's rationale for the Oklahoma 3 prosecution.

Edmondson planned to appeal the decision in YOTL to either the full 10th circuit or to the U.S. Supreme Court. His office said that they planned to continue their prosecution of the three in the meantime. Earlier in 2008, Edmondson told Oklahoma City's Journal Record, "If the courts determine that the state's process violates the First Amendment, so be it. Until that time, our law will be enforced."

The Charges

The Oklahoma 3 were indicted based on allegations of felony misconduct stemming from a 2005 petition drive for the Oklahoma TABOR initiative, which would have placed a Taxpayer Bill of Rights initiative on Oklahoma's November 2006 general election ballot.

Jacob, Johnson, and Carpenter were indicted on felony charges of "conspiracy to defraud the state." Carpenter was charged with a second felony for allegedly violating the state's petition act. According to an Associated Press report, "The indictment accuses the three of 'willfully, corruptly, deceitfully, fraudulently and feloniously' conspiring with each other to defraud the state through the collection of signatures on the TABOR petition."

The Oklahoma 3 each faced up to ten years in prison and a $25,000 fine. Defense efforts were channelled through the FreePaulJacob.com web site.

"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.'"

The three were accused of violating Oklahoma's requirement that petition circulators be state residents. Jacob and the others said they did their best to understand and comply with the law, and that they were advised by state officials that circulators could move to the state and simply declare residency. Oklahoma's residency requirement was challenged in federal appeals court by an initiative committee, Yes on Term Limits, which sought to limit terms of statewide elected officials. In a subsequent ruling, Judge Timothy Leonard upheld the residency law regarding initiative petitions, but the case was appealed to the United States Court of Appeals for the 10th Circuit.

Indictment dismissed, re-filed

In mid-November 2007, the multi-county grand jury indictment against Jacob, Johnson, and Carpenter was dismissed. Edmondson reissued the indictment in December 2007. The Oklahoma 3 were scheduled to be re-arraigned on January 28, 2008.

See also

• Oklahoma Stop Overspending Initiative (2006)

External links

• Free Paul Jacob
• We, the Oklahoma 3
• Paul Jacob blog
• Paul Jacob in the Press Sam Adams Alliance "Full Coverage" link page
• Citizens in Charge: Free Paul Jacob Defense/Donation site
• Free the OK 3
• John Andrews of Backbone America interviews Paul Jacob, August 10, 2008. MP3