On October 4, Washington state Green Party candidate Marilou Rickert won her lawsuit against the state, over whether a candidate may be punished for making an untrue statement. She had run for the legislature in 2002 and had said that her Democratic opponent, Senator Tim Sheldon, had voted to close a facility for the developmentally challenged. Actually he had voted not to close it. The Washington State Public Disclosure Commission fined Rickert $1,000 for making the untrue statement, despite her testimony that she believed her statement had been true when she made it. She acknowledged that she had made an error of fact.

The State Supreme Court held that the law under which she was prosecuted violates the First Amendment. The case is Rickert v State of Washington, 77769-1. She had also won in the State Court of Appeals on September 7, 2005. Thanks to Rick Hasen of electionlawblog for this news.

On October 2, Oklahoma Attorney General Drew Edmondson indicted Paul Jacob, Susan Johnson and Rick Carpenter, on a charge of conspiring to cause out-of-state residents to circulate an initiative petition last year. The penalty is a fine of $25,000 and up to ten years in prison.

The three individuals were working for a tax limitation petition during 2006. Although the Oklahoma Supreme Court had ruled in 2002 that out-of-state residents may not circulate initiative petitions in that state, it was not clear what the definition of “resident” is. Many Americans are validly registered to vote in particular states, even though they actually spend little or no time in that state. American citizens living permanently in foreign countries are permitted to remain registered in their last state of residence, even if they have not set foot in that state, or in the U.S., in decades. College students are permitted to register in states in which they attend school, even if they are domiciled in another state (such as their parents’ address).

Military personnel overseas, members of Congress, and “snowbirders” are validly permited to register in states, even though they don’t actually own a home in those states or even pay rent in those states.

In the Oklahoma instance, the out-of-state circulators were residing in Oklahoma for several months, and their employers relied on the Secretary of State that these employees were eligible.

The indictments will make it easier to win the pending federal case that charges Oklahoma is violating the First Amendment by requiring only persons domiciled in Oklahoma to circulate petitions. That case had lost in U.S. District Court on September 7. The case is Yes on Term Limits v Savage. The Court said the plaintiffs lacked standing to challenge the criminal penalties because a plaintiff must show a “real and immediate threat” of prosecution. The Court said there is no threat. Obviously, that is no longer true. The case is on appeal to the 10th circuit. See here for a Reason Magazine written interview with Paul Jacob. For still more information, see www.freepauljacob.com.