After spending more than a year trying to shut down popular
democracy in Oklahoma, state Attorney General Drew Edmondson has
dropped his prosecution-persecution of three initiative
activists, including my friend Paul Jacob. The great news is reported in the
Tulsa World:
Attorney General Drew Edmondson said Thursday he has decided
not to ask the U.S. Supreme Court to overturn a federal appeals
court that struck down an Oklahoma law barring nonresidents
from circulating initiative petitions.
Edmondson also said his office dismissed criminal charges
against three people accused of violating Oklahoma's
out-of-state petitioner ban. All three were scheduled for a
preliminary hearing in Oklahoma County on Feb. 6 but Edmondson
said he was awaiting the outcome of the appeals process before
deciding whether to proceed.
"The statute under which these defendants were charged has been
declared unconstitutional, and the appellate process is
complete," Edmondson said. "The statute is no longer
enforceable."
Paul Jacob of Virginia, a national leader of the term limit
movement, Susan Johnson of Michigan, head of a
signature-gathering company, and Rick Carpenter of Tulsa,
director of Oklahomans In Action, were accused of conspiracy to
defraud the state by using out-of-state circulators to collect
signatures for the so-called taxpayer bill of rights in 2006.
Last month, a three-judge panel of the 10th U.S. Circuit Court
of Appeals in Denver ruled the nonresident petitioner law was
unconstitutional and violated the First Amendment's free speech
protections as well as the Fourteenth Amendment.
This is good news for the movement, since Jacob has fought
for term limits, budget and tax limitations, and educational
choice in the past and has much more work to do. But
Edmondson's final capitulation is particularly welcome for Jacob
and his family, who have been suffering in the shadow of an
unjust felony indictment.
The next step is for the people of Oklahoma to give Edmondson an
appropriate "reward" for his services.