Paul Jacob, political reformer, libertarian and prominent term-limit activist, is in major legal trouble again. As some readers may know, in the early 1980s Jacob spent five and a half months in prison for resisting draft registration and thus violating the Selective Service Act – the longest prison term for any draft resister since Vietnam. Now he’s being persecuted for another non-crime: He’s charged with "conspiracy to defraud the state" of Oklahoma.
What did he do? Allegedly, he brought in petitioners from out of state to help in getting a Taxpayer’s Bill of Rights on the ballot. Such a reform would subject all increases in the overall state-spending rate to a democratic vote. The maximum penalty for having unauthorized citizens from other states helping in the petitioning process is 10 years and a $25,000 fine. Oklahoma is one of only eight states with such a law on the books or about to go into effect.
Paul is currently being charged in federal court. The law was upheld a couple months ago by an Oklahoma federal district court in a written decision that claimed that no one had ever been criminally prosecuted under this statute, nor were there pending prosecutions. The case has since been appealed to the 10th Circuit Court of Appeals.
“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,” said Jacob, who argues that the law "is unconstitutional and should be struck down, thus rendering this whole charade moot." Indeed, even the district court determined that the statute placed "a significant burden on First Amendment rights" – and then ruled that the statute nevertheless survived the court’s "strict scrutiny." Now that there’s a prosecution in the pipeline, however, perhaps more scrutiny would be warranted.
In any event, Jacob emphasizes that regardless of the constitutional angle, he and his petitioners "sought to understand and abide by the statute as it was written."
In an interview with Reason, he elaborated on this, saying that his petitioning company "was told by people with the state election board and secretary of state that [the residency] requirement could be met by anyone who moved to Oklahoma and declared themselves a resident. There was no requirement they live the rest of their days in Oklahoma. . . . I don’t know of any agency you can go to to have them declare you a resident. If the petitioner declares themselves a resident and lists an Oklahoma address, then that’s a resident.
"I asked for any court precedents, as often times no matter what the law says as written or what an official tells you, you want to know what judges have up their sleeve. There was a recent case [involving a petition regarding a ban on cockfighting] in which the petition was alleged to have been circulated by people who were not Oklahoma residents. The court basically upheld the signatures collected by every one of those people, even people they could not find."
In his case, however, they disputed his signatures in what "was the most well-funded challenge [he’d] ever heard of." In considering the vague statute, the court ruled that "the definition of residency was living in Oklahoma, having a domicile, and intending to remain in Oklahoma permanently."
If he’s incarcerated, this would be the second time a Constitutionally deficient statute was used to make a political prisoner of this man.
Supporters can follow the case at his website: http://www.freepauljacob.com/. There you can find out how to help, by writing letters or donating to his defense fund. You can also listen to Scott Horton’s interview with Paul on Antiwar Radio. Paul has been a tireless worker for liberty. We need to repay the favor.
