On July 23, a lower state court in Oklahoma City will hold a hearing in the criminal case against Paul Jacob, Rick Carpenter, and Susan Johnson, for conspiracy to invite out-of-staters to circulate an initiative petition in Oklahoma. July 23 is not the trial date. It is merely a procedural hearing in which the state must explain to a judge why a trial should be scheduled. Jacob, Carpenter, and Johnson encourage people to attend this hearing, which begins at 9 a.m. For more information, call Brandon Holmes, 703-586-7088.
The three were told by a representative of the Oklahoma Secretary of State’s office that it is legal for temporary residents of Oklahoma to circulate initiative petitions. Later, though, they were arrested for conspiring to use temporary residents to circulate their initiative petition.
In the meantime, the civil case that challenges the constitutionality of Oklahoma’s ban on out-of-state initiative circulators will be argued in the 10th circuit sometime in September. Oklahoma may be hard pressed to explain why only people domiciled in Oklahoma may circulate initiative petitions, when certain kinds of people who are not domiciled in Oklahoma are permitted to vote (for example, military personnel stationed in Oklahoma, and college students attending school in Oklahoma even though they are domiciled outside the state). Oklahoma will also need to explain why any adult may circulate a petition in Oklahoma for a new party or an independent presidential candidate.