By Constitution Staff

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VOTER ROLLS PURGED

Oklahomans who failed to vote in any election in the past six years may be disappointed if they do show up for the election on November 4. In conformance with the National Voters Registration Act of 1995, state election officials purged 100,000 names from voter rolls of those who did not vote or perform any other election-related activity in the past six years. Election-related activities include changing parties, requesting an absentee ballot or notifying election officials of a change of address. Those whose names were removed are not notified when their names are taken off, said Michael Clingman, secretary of the Oklahoma Election Board. Unless these people reregistered by the October 10 deadline, they will not be allowed to vote. Oklahoma has more than 2 million registered voters.

VOTER PARTY REGISTRATION

Oklahoma voters identifying themselves as Republicans or independents have increased since the 2006 general election, while the number of Democrats slipped to less than 50 percent for the first time in state history. The Republican Party has 39.2 percent of the state's registered voters. Independent registration stands at about ten percent. Voters registering as independents accounted for 21.1 percent of the increase, while Republicans and Democrats had 43.9 percent and 35 percent, respectively.

But, while Democrats fell behind in the overall registration battle, the party is doing better among the young. Democrats captured 63% of 18 and 19 year-old registrants. However, the state GOP is winning the battle for new voters 39 years and older. The GOP is also doing well in adding voters in rural areas, although Democrats are making gains in some urban areas such as in Tulsa County where Democrats captured a bigger share of the new voters than Republicans.

GOP CONVENTION VOTE

Two members of the Oklahoma Delegation to the Republican National Convention voted for Texas Congressman Ron Paul. But, those votes were incorrectly recorded by the convention secretary during the roll call vote. As Sen James Inhofe was presenting the report for the Oklahoma delegation, his microphone was cut off before he gave the vote totals which were 39 McCain and two for Paul (cast by legally unbound delegates). Despite Sen Inhofe's efforts and an outcry from some members of the delegation, he was unable to gain the attention of the chair to correct the vote which the secretary read incorrectly as 41 votes cast for McCain by Oklahoma. Lynn Windel, the Oklahoma National Committeeman, rushed to the front to try and correct the official roll.

After the convention, Oklahoma Republican Party Chairman Gary Jones was joined by Republican National Committee (RNC) National Committeeman James Dunn and RNC National Committeewoman Carolyn McLarty, in calling on the RNC to clarify Oklahoma's vote as tallied in the official record. But, whatever the record states, the public national moment for Ron Paul supporters and delegates was lost.

"Oklahoma's delegates are bound by law to vote for the candidate who won the area they represent -- either the state as a whole or the individual congressional district," said Jones. "John McCain won the third, fourth and fifth congressional districts and Oklahoma overall; Governor Mike Huckabee won the first and second congressional districts and later released his delegates. Of those six former Huckabee delegates, who could vote for whichever candidate they chose, four supported McCain and two supported Congressman Ron Paul." Jones, outgoing RNC National Committeeman Lynn Windel and outgoing RNC National Committeewoman Bunny Chambers voted for Senator McCain to reflect Oklahoma's overall vote.

PULPIT FREEDOM SUNDAY

Two Oklahoma pastors participated in "Pulpit Freedom Sunday," an effort organized by the conservative Alliance Defense Fund (ADF). On September 28, participants in the event preached from their pulpits about the moral qualifications of candidates seeking political office. Following Pulpit Freedom Sunday, Americans United for Separation of Church and State reported to the Internal Revenue Service (IRS) that the two Oklahoma City-area pastors endorsed presidential hopeful John McCain during their sermons. Dan Fisher, the pastor of Trinity Baptist Church in Yukon, and Paul Blair, pastor of Fairview Baptist Church in Edmond, were among 33 pastors in 22 states who participated in the effort. Pulpit Freedom Sunday was part of the ADF Pulpit Initiative (www.telladf.org/church), a legal effort designed to secure the First Amendment rights of pastors in the pulpit. ADF had encouraged pastors to defy the IRS ban on political endorsements and pledged to aid in the expected legal dispute.

"Churches were completely free to preach about candidates from the day that the Constitution was ratified in 1788 until 1954. That's when the unconstitutional rule known as the "Johnson Amendment' was enacted," explained ADF Senior Legal Counsel Erik Stanley. "Churches are exempt from taxation under the principle that there is no surer way to destroy religion than to begin taxing it. As the U.S. Supreme Court has noted, the power to tax involves the power to destroy. The real effect of the Johnson Amendment is that pastors are muzzled for fear of investigation by the IRS." The Johnson Amendment was named for then-Senator Lyndon Johnson of Texas.

CAMPAIGNING IN THE CLASSROOM

In October, a statewide teachers' group condemned actions by unions across the nation that encourage teachers to actively campaign and engage in partisan politics at school. Recently, New York City's United Federation of Teachers (UFT) and the National Education Association's Virginia affiliate, the Virginia Education Association (VEA), both labor unions, have come under fire for political campaigning in the classroom. Concerned at reports of such questionable actions, Professional Oklahoma Educators (POE), a non-union group, issued a statement critical of the union actions. "These activities do not align with Professional Oklahoma Educators' commitment to educating students with integrity, professionalism and excellence," POE Executive Director Ginger Tinney said. "Teachers should present the political process to students in a neutral and unbiased manner."

According to the New York Post, UFT provided Obama/Biden buttons to members, despite district policies against wearing the campaign paraphernalia at school. The Washington Post reports that VEA teachers were encouraged to participate in "Obama Blue Day," which involved wearing a blue shirt to school, sharing about their support for the Obama campaign, and encouraging students to register to vote. An Illinois university and a California high school have recently addressed similar issues.

Tinney said that wearing buttons promoting any candidate in the classroom is inappropriate and unprofessional on the part of teachers. "Students are a captive audience, and their teachers hold authority over them," Tinney explained. "Promoting a personal political view may intimidate students, making them fearful of admitting to an opposite view. Such actions have no place in our classrooms."

POE, a nonunion independent teachers' association, does encourage members to be politically active, but does not contribute to, endorse or promote political candidates -- in or out of the classroom. The group also restricts lobbying efforts to education issues only. POE currently serves more than 4,000 Oklahoma educators, and has provided an alternative to the politically partisan teachers' union for twenty years. POE teachers receive $2 million professional liability coverage, guaranteed employment protection services, access to quality professional development, and other benefits at less than half the cost of the union.

STATE GOP INVITES OBAMA

Echoing Gov. Brad Henry's invitation for Presidential candidate Barack Obama to campaign in Oklahoma, Senate Co-President Pro Tem Glenn Coffee (R-Oklahoma City) offered to roll out the red carpet for the Democrat standard-bearer. "Speaking on behalf of all Oklahoma Republicans, and in the spirit of true bi-partisanship, I want to join Governor Henry in inviting Barack Obama to Oklahoma. We'll break out all of the Oklahoma hospitality we can if Obama would campaign alongside Nancy Riley, Robert Murphy, Keith Erwin and Richard Lerblance," said Coffee. "Senate Republicans would welcome him with open arms," he continued. "Better yet, let's take a statewide bus tour." With public polls showing Obama running a distant second to John McCain in the state, Republicans are eager for a visit by Obama

"If Obama doesn't have the time or inclination to visit his good friends in Oklahoma, I urge my Democrat friends in the Senate to make public their support for the top of their ticket. Why wouldn't Nancy Riley, Robert Murphy, Richard Lerblance or Keith Erwin declare their allegiance?" Coffee asked. "They're mysteriously silent on this issue."

ILLEGAL CONTRIBUTIONS?

Gov. Brad Henry apparently funneled $10,000 in illegal contributions to a partisan organization according to ethics records uncovered by state Rep. Mike Reynolds (R-Oklahoma City). Campaign reports show that Henry donated $5,000 of his surplus campaign funds to the Young Democrats of Oklahoma in 2007 and again in 2008. However, it is illegal for a candidate to give his or her campaign funds to any partisan organization other than a state party and its affiliates (county parties). Reynolds charged that the Young Democrats of Oklahoma are not an official party affiliate under campaign finance law and cannot legally receive the governor's surplus funds.

After the Young Democrats of Oklahoma received Henry's contributions, Reynolds said that money may have been illegally used to fund the campaigns of Democratic candidates. However, the Young Democrats of Oklahoma have failed to file any reports with the state Ethics Commission since early 2008, missing several legally required reporting deadlines that would have revealed how Henry's money was expended. "I don't know why the Young Democrats would repeatedly fail to file reports in advance of the election if they have nothing to hide," Reynolds said.

Ivan Holmes, Chairman of the Oklahoma Democratic Party, accused Rep. Reynolds of not having his facts straight, arguing that because the Young Democrats are affiliated with the state party, the contributions are perfectly fine. But, Oklahoma Republican Party Chairman Gary Jones said "It's time for Chairman Holmes and the Democrats to understand they can't have it both ways. If the Young Democrats are indeed an affiliate of the Oklahoma Democrats, then, coupled with his previous $5000 donation to the Oklahoma Democrats, Governor Henry exceeded the legal contribution limits. If the Oklahoma Young Democrats are not an affiliate of the Oklahoma Democrats, the contribution is illegal." Jones added, "The same two questions apply to Bob Lemon, who gave $5000 to both organizations, and possibly others as well."

ABORTION PLATFORMS

The platform adopted in August by the Democratic National Convention states that the Democratic Party "strongly and unequivocally supports Roe v. Wade and a woman's right to choose a safe and legal abortion, regardless of ability to pay, and we oppose any and all efforts to weaken or undermine that right."

The party platform adopted in September by the Republican National Convention states that the Republican Party "affirm[s] that the unborn child has a fundamental individual right to life which cannot be infringed…. We support the appointment of judges who respect traditional family values and the sanctity and dignity of innocent human life."

18th ANNUAL ROSE DAY

Oklahomans will celebrate the 18th Annual Rose Day at the State Capitol on February 4, 2009, which is a day for those believing in the sanctity of human life to express their convictions to their legislators. The event will be held in the House Chambers with the Senate Chambers available for overflow crowd. In February 2008, well over 1,000 people attended the 17th Annual Rose Day.

The featured speaker at this year's event will be the author of Motherhood Interrupted, Jane Brennan. MS. Brennan is a former member of NOW, NARAL, and even volunteered at Planned Parenthood helping young girls procure abortions and birth control prior to her life-changing relationship with Jesus Christ. She now has devoted her private counseling practice, Hope for the Journey, to offer post-abortive women a safe place to reconcile unresolved grief and loss. In 2005 Brennan received the Pro-Vitae (For Life) award from the Archdiocese of Denver, an award given to those who have shown tremendous support for pro-life issues. She is the Silent No More Awareness Campaign Regional Coordinator and volunteers with the Alternatives Pregnancy Center. Her book will not be available at the event since Capitol rules do not allow books to be sold inside the State Capitol. However, the book may be purchased from her website: www.motherhoodinterrupted.com.

PRO-LIFE LAW CHALLENGED

On October 9, a pro-abortion group and a Tulsa abortion clinic asked an Oklahoma County District Court judge to block a new law prohibiting women from getting an abortion without an ultrasound being provided to the expectant mother. In the lawsuit, the Center for Reproductive Rights contends that the requirement intrudes on privacy, endangers health, assaults dignity and violates women's right to an abortion. The law, set to go into effect November 1, would make Oklahoma the fourth state in the nation to require that ultrasounds be performed before a woman can have an abortion and that the ultrasound be made available to the patient for viewing. The other states are Alabama, Louisiana and Mississippi.

The provision was included in Senate Bill 1878, a comprehensive pro-life bill that was passed into law in April. The legislation was approved by a 38 -10 vote on April 9 in the Senate and by an 81-15 vote on April 27 in the House. Gov. Henry vetoed the bill on April 16. However, the next morning, the Senate voted 37-11 to override the governor's veto, and the House followed with an 81-15 vote to override. The legislation was one of the ten bills included in this year's Oklahoma Conservative Index rating state legislators.

INTERIOR DESIGNER LAWSUIT

In September, a national public interest law firm that defends entrepreneurs and free speech, filed a lawsuit against the state of Oklahoma over a statute which restricts who may call themselves an Interior Designer. The Institute for Justice (IJ) filed the suit in U.S. District Court for the Western District of Oklahoma on behalf of three Oklahomans who claim the Oklahoma State Architectural and Interior Designers Act violates their constitutional rights to free speech. IJ successfully challenged a similar titling law in New Mexico and has filed suit on behalf of Interior Designers in Texas and Connecticut. IJ Senior Attorney Clark Neily said, "Protectionist schemes like we see in Oklahoma do nothing to protect consumers and instead limit consumer choices, drive up costs and quash entrepreneurial opportunity."

The Oklahoma statute defines an interior designer as "a person recognized by this state who is registered, qualified by education, experience and examination and meeting all the requirements set forth in the State Architectural and Interior Designers Act for interior designers." To receive a state-issued license, an applicant must have a degree from an accredited interior design program, a minimum of two years of experience in the field and pass the National Council for Interior Design Qualification test, which costs about $1,000 and takes about two days to complete.

The Oklahoma law is part of a nationwide campaign -- exposed in Newsweek, Forbes and other national publications -- to put thousands of designers out of work. A small faction of the industry, led by the American Society of Interior Designers (ASID), successfully lobbied Oklahoma and other states to censor interior designers through so-called "titling laws." These laws permit anyone to practice design, but allow only a select few state license holders to call themselves "Interior Designers" or use the words "interior design" to describe their work. As a result, anyone who looks for an "Interior Designer" on the Internet or in the Yellow Pages will find only those who are government-licensed. "ASID has spent nearly $6 million lobbying for regulations to create a monopoly that would exclude countless honest, hard-working interior designers," said Patti Morrow, executive director of the Interior Design Protection Council, a nationwide network of Interior Designers who oppose restricting their industry.

AMNESTY FOR DEADBEAT TAXPAYERS

The Oklahoma Supreme Court cleared the way in September for a tax amnesty program that had been challenged by Oklahoma City attorney Jerry Fent. The court rejected Fent's lawsuit which had charged that amnesty was a violation of the state Constitution. Senate Bill 2034 was passed by the Legislature this year and signed by Gov. Henry. Fent charges that the "Voluntary Compliance Initiative" included in the legislation grants "unconstitutional civil amnesty to deadbeat taxpayers." The measure lets delinquent taxpayers remit unpaid funds between September 15 and November 14 without interest, penalties, or collection fees. The program would include nine different types of taxes, such as a retailer that collected sales tax from customers but failed to send the taxes to the state. Fent says the state constitution prevents the state from forgiving such liabilities and is a slap in the face to law-abiding Oklahomans who pay their taxes on time.

State officials expect the law to generate over $32 million from late taxpayers who take advantage of the program. Fent suggested that the legislation may have been designed to help a few taxpayers who owe substantial amounts of money to the state. While the program may add money to state coffers in the short run, critics say it could cause some to not pay their taxes on time in the future and wait until the next amnesty program. Oklahoma previously had an amnesty program in 1984 and again in 2002.

ORA AWARDS MURPHEY

Oklahoma Rifle Association (ORA) President Don Scott presented the "2008 Legislator of The Year" award to State Representative Jason Murphey (R-Guthrie), at the ORA's annual convention in Oklahoma City. Murphey was cited for his continued support of the 2nd Amendment and the right to keep and bear arms. ORA Executive Director Charles Smith also credited Murphey for his advocacy of concealed carry laws. Murphey, who serves as Vice-Chairman of the Oklahoma House Homeland Security subcommittee, believes that concealed carry laws protect victims from the aggressors. "Oklahoma's concealed carry laws are an important component of allowing Oklahomans to exercise their 2nd amendment rights," Murphey said.

In addition to the presentation of awards, the well attended convention heard speeches from the President of the National Rifle Association (NRA), Wayne LaPierre, Oklahoma Lt. Gov. Jari Askins, Oklahoma Congressman Tom Cole, Congresswoman Mary Fallin and Congressman Dan Boren.

TERRILL RECEIVES AWARD

In September, state Rep. Randy Terrill was named a winner of the Federation for American Immigration Reform's "We the People" Award. The award is granted to "people whose efforts have demonstrated exceptional service to the immigration reform movement." Terrill received the award in recognition of his work as author of one of the most meaningful state-level immigration reform laws in the country. "The Federation for American Immigration Reform has been successfully holding the line in Washington by preventing amnesty for illegal aliens," said Terrill (R-Moore). "House Bill 1804 has become a model not only for other states but for the nation as well. On behalf of the citizens of House District 53 and the taxpayers of the state of Oklahoma, it's an honor to be recognized for that work." Terrill was presented the award at a banquet in Washington, D.C. Terrill is one of three recipients of the award this year. The other honorees are CNN business news anchor Lou Dobbs and Dr. Rodney Hunt, founder of the Mississippi Federation for Immigration Reform and Enforcement.

ACLU AWARDS SHELTON

State Rep. Mike Shelton (D-Oklahoma City) was named the 2008 recipient of the "Angie Debo" Civil Liberties Award by the American Civil Liberties Union (ACLU). Shelton was selected for his work on several ACLU projects, including voting rights and affirmative action issues. The annual award is named for Dr. Angie Debo, a noted educator, author and social activist. "Representative Shelton has been a vital colleague," said ACLU Program Director Tamya Cox. "I've had the pleasure to work with him on the fight against Ward Connerly's anti-affirmative action petition, and his diligence to preserve fundamental rights is inspiring."

With this award, Shelton joins past Angie Debo Civil Liberties Award winners including former Oklahoma Gov. Henry Bellmon, Oklahoma City Rev. Robin Meyers, attorney Garvin Isaacs, and Sister Patricia Keefe. Shelton will be presented the award at the ACLU Bill of Rights Banquet on November 8. Shelton was also recently named "Legislator of the Year" by the Oklahoma Public Employees Association.

INVESTIGATE GOOGLE-YAHOO

In September, state Rep. Mike Thompson (R-Oklahoma City) sent a letter to Attorney General Drew Edmondson asking him to investigate the proposed Google-Yahoo! deal that would give Google control of over 90 percent of the search advertising market. Thompson said Oklahoma should add its name to the growing number of organizations and states that are investigating the deal. The transaction is currently being investigated by the Department of Justice and has been the subject of hearings in both the United States Senate and House. States as diverse as California, New York, Florida, and Connecticut are currently looking at the deal because of its monopolistic implications and impact on privacy. The Association of National Advertisers, a major trade group that represents companies like Procter & Gamble and General Motors, sent a letter to the DOJ opposing the Google-Yahoo! deal.

"This deal is in direct contradiction to the competition and innovation that drive the Internet and our economy," said Thompson.

"Google is a major corporation. Like any other major corporation, Google believes its profits are paramount. That's fine until it comes at the expense of average citizens and consumers."

Google has also been criticized for its policies regarding online consumer privacy across its many applications including Google Search, YouTube, Google StreetView and its recently released web browser "Chrome." This summer, Google lawyers presented legal arguments stating that "... complete privacy does not exist" as part of a consumer lawsuit against Google over trespassing related to its StreetView application. "Attorney General Edmondson and the U.S. Department of Justice need to thoroughly investigate the implications of the Google-Yahoo! deal, especially its impact to online consumer privacy. With 90 percent of the search engine market and access to all that data on online consumer behavior, Google's privacy policies would effectively become national standards. Policymakers are obligated to carefully review this deal," Thompson said.