On April 30, a lawsuit was filed in U.S. District Court against the Oklahoma law that makes it a felony for a non-resident of Oklahoma to circulate an initiative petition. The case is Johnson v Henry, civ-07-500, western district. The case was assigned to Judge Tim Leonard, a Bush Sr. appointee. Most states that prohibit out-of-state circulators merely say that signatures collected by such circulators are void. But Oklahoma provides that such circulators may be sentenced for two years to prison.
It is really disgusting that the State of Oklahoma would actually put somebody in prison for two years for excercising their 1st amenemdent rights by circulating a petition even though they aren’t a state resident.
There is no legitimate reason for this law. Circulating a petition is not the same thing as voting in an election. Even if it was, if the petition circulator is an American citizen and if they are in the state for more than 30 days before the election, then they are eligable to vote.
Of course, there is no legitimate reason for a petition circulator to even be eligable to vote. Collecting signatures on a petition is a right which is enumerated in the 1st amendment (as in free speech and petitioning for a redress of grievances).
The only reason for this law is that the legislature KNOWS that it will be more difficult to qualify initiatives for the ballot if initiative proponents are prohibited from bringing in petition circulators from other states. Getting an initiative on the ballot is very difficult, and it is often necessary to bring in expierenced petitioners who are willing to travel around the country. The legislature doesn’t like the citizens initiative & referendum process (and for that matter they don’t like minor party or independent candidates either) because they see them as a threat to their power. Their REAL agenda is to keep the power to themselves and to keep opposition out. The real losers here are the people of Oklahoma, because they are being denied choices on the ballot.
Hopefully, this law suit will lead to this absurd “law” being overturned.
prison for 2 years??!!
is this theoretical based on the law or has someone actually been sentenced?