Thousands of challenges to Taxpayer Bill of Rights petition
signatures should be rejected because protestants used methods
criticized by the Oklahoma Supreme Court in the 2001 cockfighting-
petition decision, an attorney said Wednesday.
Kieran Maye Jr., representing TABOR proponents, told court
referee Greg Albert that those challenging the ballot proposal used
Larry Wood, the consultant who oversaw the cockfighting-petition
challenge, and the same methods for reviewing and questioning
Of course, you're going to get the same result, Maye said.
Albert also served as referee in the cockfighting case.
They have no evidence, none, that meets the requirements of the
cockfighting case, Maye said.
Among other issues, the court was critical of an exact match
signature-challenge approach in that case.
Looking at the situation in the best light for them, Maye argued,
protestants have about 68,044 signatures on their side of the case,
which is below the 79,465 they must successfully challenge to keep
the TABOR proposal off the ballot.
However, protestants' attorney Mary Robertson said that counting
signatures obtained by challenged circulators, those with un-
rebutted notary problems and more than 109,000 voter registration
challenges, the total is 161,234 challenged signatures.
Robertson said this does not include possibly thousands more
signatures obtained by circulators brought into Oklahoma by National
Voter Outreach, the organization that operated the signature drive
for Oklahomans in Action.
Maye has filed a motion with the supreme court to direct Albert
to exclude 84,346 signature challenges tendered for the first time
The drive resulted in petitions with 299,029 signatures being
filed with the secretary of state. To be placed on the ballot, the
TABOR proposal must have at least 219,564 valid voter signatures.
Protestants' attorneys said they have been trying to subpoena
Susan Johnson, NVO president, and Jeff Johnson, with
politicalactivists.org, who managed the Tulsa portion of the drive.
They have asked for a continuance in the case as they continue
On Wednesday, they filed a supplement to this motion, detailing a
noontime anonymous telephone call from someone who said he had
worked for NVO in Oklahoma on the TABOR petition.
According to the filing, the caller said he knew he was someone
the protestants were looking for but could not find. During part of
the call, he alleged illegal immigrants were used in the drive, and
that circulators were taken to the Department of Motor Vehicles to
obtain Oklahoma photo identifications so they would appear to be
The filing states that the caller indicated contact with TABOR
proponents' attorneys, who were planning to bring him in to testify.
A call transcript states that the caller said, I'm in a position
right now where I'm getting ready to go down there. I'm going to be
compensated well for it.
The caller is also quoted as saying that he has information that
would help protestants in their challenge, according to the
Because of his unhappiness with NVO and the way he was treated in
another petition drive, he was willing to come to Oklahoma and tell
his story, which he believed would be adverse to proponent's
position, the filing states.
The caller, who referred to himself as a professional petitioner
according to the transcript, also indicated knowledge of out-of-
state circulators being used on the TABOR drive. …