Democrats flip SD37, GOP holds HD76 and SD45

Three legislative special elections were held today - House District 76 (vacated by Rep. David Brumbaugh's death), Senate District 37 (vacated by Sen. Dan Newberry resigning for a private sector job), and Senate District 45 (vacated by Sen. Kyle Loveless' resignation over campaign finance violations).

All three seats were Republican-held. Democrats last won SD37 in 1996 (although Nancy Riley switched from Republican to Democrat in the middle of her final term in 2006), SD45 in 1976, and never in HD76.

In HD76 (Republican District Rating of 61.9), Republican Ross Ford won with 68.35% of the vote . In SD45 (RDR of 59.5), Republican Paul Rosino got 56.78% of the vote.

In a nailbiter of a race in SD37 (RDR of 57.6), Democrat Allison Ikley-Freeman defeated Republican Brian O'Hara by 31 votes, 2234 (50.35%) to 2203 (49.65%). The vote was close enough that O'Hara might seek a recount; either way, due to Newberry's resignation date being January 31st, 2018, the winner won't be sworn in until February 1st, 2018.

Ikley-Freeman (a therapist at a nonprofit mental health agency) defeated O'Hara (a former Jenks city councilor and district director for Cong. Bridenstine) by virtue of receiving 60 more votes on election day, while O'Hara led the absentee and early voting total by 29. Ikley-Freeman becomes the third openly homosexual individual (she is married to another lesbian) to be elected to the Oklahoma Legislature, and the first outside of the HD88/SD46 area in Oklahoma City.

Democrats have now won 4 of the 7 special elections held this year (HD46, HD75, SD37, SD44).

The Death of Honor in the GOP

Being a Republican used to mean something. A higher standard of conduct was demanded and expected. Honesty and integrity were commonplace. We policed our own. We were "the Party of Family Values".

Looking at the news today, one can witness the death of honor in the Republican Party.

It's indicative of the culture at large, in one sense. A society that increasingly rejects God and His standards will elect men and women who do the same. To paraphrase Scripture, they profess one thing with their lips but prove another with their actions. However, our inherently sinful nature does not excuse wrong actions.

Here are just a few examples I'm thinking of.

Republicans in Congress spent seven years claiming they would "Repeal and Replace" ObamaCare as soon as they were given control of the U.S. House U.S. Senate White House. American voters gave them everything they asked for, but when the time came, they were unprepared and unwilling to do what they had promised to do for seven years and four election cycles. They lied to the American public. They said what they needed to in order to get elected, never intending to actually follow through, otherwise they would have been prepared to act when they time came.

You can even look at the nomination of Donald Trump, a man with a crude and immoral past, who exhibited no change on the campaign trail, belittling and demeaning those who opposed him, and who fabricated and circulated false and (to be honest) slanderous quotes and stories about his GOP competitors.

Oklahoma Congressman Markwayne Mullin made a pledge to run for only three terms in Congress. He repeated that promise numerous times and through his re-election campaigns. Now, he brazenly breaks it without remorse, and expects us to be fine with it.

Republicans in the Oklahoma Legislature have seen unprecedented scandal and outrage in the past two years, and last eight months in particular. A state representative resigned after allegations he sexual harassed his assistant. A full ten percent of the State Senate GOP caucus has left office for crimes: one state senator went to federal prison for embezzlement of nearly two million dollars, another is likely going to prison for a very long time due to child prostitution and child porn, another broke campaign finance laws by embezzling $100,000 from his campaign for his private use, and another just resigned and was charged with sexual battery after previously getting in trouble for drinking and driving. The governor's chief finance officer has had repeated drunk driving charges, and still holds his position. Several former legislators have had run-ins with the law, or are rumored to have not sought re-election in order to avoid scandal coming to light.

Three other state representatives ran for office, only to turn around and resign to take private sector jobs within as little as 24 days of being re-elected. They spent time and money asking voters to elect them to represent them, then spurned that duty in favor of greener pastures. They thus denied their constituents of the representation they voted for and cost taxpayers hundreds of thousands of dollars by causing special elections.

Republican candidates (nationwide and in Oklahoma) spend millions of dollars on the campaign trail touting conservative principles, only to betray those values when they get in office. The pressure from leadership, lobbyists, and groups desperate for more government taxpayer money, along with the siren call of power, is too much for them to withstand. They take the easy road, tossing aside their campaign rhetoric (which they neither believed nor intended to keep) -- and along with it what voters expected them to do based on what they were promised.


All of this, and Republican Party leaders and elected officials (by and large) just shrug, and say "well, look at the Democrats."  That's not good enough. The Party of personal responsibility needs some serious self-examination. Democrats aren't the ones who have been in the Oklahoma news these last two years with scandal after scandal. Democrats get in Congress and do what they said they would do.

The responsibility doesn't lie solely with the candidates and elected officials; we, the voters share some of that blame, because we've fallen for the slick campaigning and elected and re-elected these individuals. "Fool me once, shame on you; fool me twice, shame on me."

The Republican Party needs to clean up house from top to bottom. If the elected officials won't do it, then Party officials need to speak up. The silence has been deafening.

Voters have a responsibility to weigh the actions of each elected official against what they pledged to do and against what they ought to do, and throw them out if they fail to match the standard. If we don't do our duty, we can expect the Republican house to begin to crumble.

Newberry resigns from State Senate, creates 7th vacant legislative seat this term

Whether it's failing to oppose unconstitutional tax hikes or simply serving out their entire term in elected office, it appears that the Oklahoma Legislature is full of individuals who are unwilling to fulfill their pledge of service to the people. State Sen. Dan Newberry has submitted his irrevocable resignation from office, to "pursue a promotion in his professional career".

Newberry was re-elected to a four-year last November. Let me say that again - just seven months ago, he spent over $336,000 and asked his constituents to send him to represent them for four years in the State Senate. Voters trusted his offer, and gave him the seat.

This creates the seventh empty seat in the state legislature since the 2016 election. The other vacancies are State Rep. Tom Newell (for a private sector job), State Rep. Dan Kirby (sexual harassment allegations), State Rep. Scott Martin (for private sector job), State Sen. Ralph Shortey (child prostitution arrest), State Sen. Kyle Loveless (campaign finance violations investigation). State Rep. David Brumbaugh's sudden passing created another vacancy requiring a special election.

All have been Republicans; four in the State House, and now three in the State Senate. This is getting out of hand. I hope the State Election Board got a significant boost in funding in the recently-passed state budget since legislators themselves are causing extra expense for them.

Here's the Newberry press release:

Sen. Dan Newberry resigns Senate seat to pursue professional promotion

OKLAHOMA CITY – Sen. Dan Newberry, R-Tulsa, is resigning his seat to pursue a promotion in his professional career. Newberry’s resignation will be effective January 31, 2018. The governor must set a date for a special election to replace Newberry.

“It has been a true honor to serve as the senator from District 37. I want to thank my wife, my children, family and friends for their unwavering support during my service in the Senate,” Newberry said.  “Just as importantly, I want to thank the citizens of District 37 for placing your trust in me to represent you at the Capitol for nearly 10 years.

Newberry was first elected as senator from District 37 in 2008, and was re-elected in 2012 and 2016. He and his wife, Laura, have four children: Claire, Paige, Eva and Alex. Newberry is an executive at the Tulsa Teachers’ Credit Union.

During his time in the Senate, Newberry was known as a conservative champion and an advocate for small business, most recently serving as chairman of the Business, Commerce and Tourism Committee.

“This wasn’t an easy decision to make—however, Laura and I have made the difficult but necessary decision to focus on the needs of our family.  While we are optimistic about this new chapter in our lives, we are equally excited for the State of Oklahoma,” Newberry said.  “I am certain the people of District 37 will choose a wise leader to help steward this great state to a prosperous future.  I will miss serving in the senate, but will work with my successor to ensure a smooth transition and uninterrupted representation for the district.”

Newberry said he’d miss the many friends he made during his time in the upper chamber of the State Legislature.

“I can say without any hesitation that the men and women serving in the Oklahoma Senate – regardless of their party affiliation – are some of the most honorable and dedicated public servants who work each day to make Oklahoma an even better place. I will miss my Senate family, but will be praying and cheering them on as they continue to make Oklahoma the best place to work, live, and play.”

Newberry led recent reforms of the state’s unemployment benefits program, lowering unemployment taxes paid by Oklahoma employers. The reforms also strengthened the state’s workforce system and unemployment insurance trust fund which assisted in keeping unemployment low during the recent recession.

He has received multiple awards from Americans United for Life and Oklahomans for Life for authoring legislation which protects the sanctity of human life at all stages. He established the Gold Star Medal of Honor, which is given to the spouse or family members of an American soldier killed in action since 9/11. The Oklahoma Farm Bureau named him a member of the prestigious “100 Percent Club,” and the Oklahoma State Chamber honored him with the Guardian of Free Enterprise award for championing the economic development and growth of business in our state.

Brian Walters Announces for Senate District 45 Seat

Republican Businessman Brian Walters Announces for Senate District 45 Seat

South Oklahoma City businessman Brian Walters announced today that he will be a Republican candidate in the special election to fill the vacant Senate District 45 seat.

“Given the financial problems our state government faces, we need people with real-world experience dealing with large-scale financial forecasting and budgeting,” Walters said. “I have an extensive background in financial planning and business development. That quality is glaringly lacking at the Oklahoma Capitol, which is one reason the state keeps generating huge shortfalls year-in and year-out.”

Walters is owner of an estate settlement service company, helping families deal with the challenges of addressing business and estate issues after losing a loved one. Prior to that, Walters was Director of Finance and Administration for a farm equipment company, overseeing more than $100 million in revenue. In that position, he developed analytics and benchmarks for monthly operating results and financial reviews including budgets, revenue and inventory forecasts. Throughout his career, he has been responsible for financial operations at several business organizations.

“I don’t agree with politicians who claim Oklahomans are undertaxed,” Walters said. “I believe state government’s fiscal problems are primarily the result of our politicians’ poor financial practices and the failure to match spending with revenue. I know what it takes to develop budgets for large operations and produce results, not deficits. I will work to do the same thing for state government.”

A lifelong Republican, Walters believes his strong core conservative values – pro-life, pro-Second Amendment, pro-free enterprise – strongly match those of District 45 voters.

Walters previously served on the Oklahoma City Council from 2007 to 2011, giving him an understanding of government finance and processes as well as his extensive private-business expertise.

Walters is active in the community, serving as president of his home owners’ association and treasurer of the Westmoore High School Boys Soccer Booster Club.

Walters earned both his undergraduate business degree in finance and MBA from the University of Oklahoma. He is actively working toward becoming a Certified Public Accountant.

Walters, 41, and his wife, Kindell live in south Oklahoma City. Walters has two teenage children: Alex and Ashton. They attend LifeChurch.

Another resignation: State Sen. Kyle Loveless steps down

State Sen. Kyle Loveless (R-OKC) abruptly resigned today, amid investigations by the Oklahoma Ethics Commission and Oklahoma County District Attorney's office into possible campaign finance violations.

Loveless was first elected in 2012, and had made civil asset forfeiture reform his primary mission in recent years, getting major opposition from some in the law enforcement community.

This becomes the fifth resignation in the legislature since the 2016 general election; State Rep. Tom Newell (for a private sector job), State Rep. Dan Kirby (sexual harassment allegations), State Rep. Scott Martin (for private sector job), State Sen. Ralph Shortey (child prostitution arrest). State Rep. David Brumbaugh's sudden passing creates another vacancy requiring a special election.

SoonerPoll finds rising support for Civil Asset Forfeiture Reform

State Sen. Kyle Loveless

SoonerPoll: Support for Civil Asset Forfeiture Reform on the rise

(August 24th, 2016)  New data from Sooner Poll shows more Oklahomans than ever want to see Civil Asset Forfeiture reform. Support for reform is up to 73.7% in 2016 compared to 69.9% in 2015.

"These numbers clearly show Oklahomans are ready for lawmakers to act on Civil Asset Forfeiture," says Bill Shapard, President of Sooner Poll.  "Despite overwhelming public support during the 2016 legislative session, for whatever reason, leadership decided to brush the issue aside.  But, when almost 3 out of 4 Oklahomans want to see this issue addressed, lawmakers really need to pay attention."

Sen. Kyle Loveless (R-Oklahoma City) has championed Civil Asset Forfeiture reform for more than a year and plans to re-introduce legislation in 2017.  Sen. Loveless has built a coalition spanning the political spectrum to push for substantive reform next year.

"The work to reform Oklahoma's Civil Asset Forfeiture system has always transcended partisan lines and this new poll only amplifies the call to end the practice of seizing money and property from Oklahomans who have not been convicted of any crime," says Ryan Kiesel, Executive Director of the ACLU of Oklahoma.  "Oklahomans across the political spectrum understand that empowering the government to take a person's property or money with very little, if any, actual cause is an affront to our fundamental rights and freedoms."

Senator Loveless believes the burden now lies solely on the legislature to fix a broken system.

"This is not a law enforcement issue, this is an issue where government is wrong to take people's property without proving anything in court," Sen. Loveless says.  "Oklahomans of all walks of life, metro area to the smallest town, blue or red, left or right, regardless of where they come from Oklahomans want serious forfeiture reform."

Senator Loveless has requested an interim study on Civil Asset Forfeiture.  A date for that hearing has not yet been scheduled.

The poll surveyed 398 Oklahoma voters from July 20-25th and has a margin of error of 4.91%. The questions and results are posted at www.SoonerPoll.com.

OCPAC announces 2016 legislative awards

From John Michener, President of the Oklahoma Conservative Political Action Committee (OCPAC):

On July 13 members of OCPAC debated and then voted on which legislators should receive special awards for their principled policy and leadership.  These legislators will be formally recognized and presented with their awards at the annual OCPAC Awards Banquet on Friday, February 10, 2017.  In most cases the runner-up will also receive an award.  Here are the winners of OCPAC’s 2016 legislative awards:

Senate Legislator of the Year:  Nathan Dahm (R-Broken Arrow).  Sen. Dahm scored a perfect 100 on the Index.  Beyond simply voting the principled way when given the opportunity, he authored and championed many of the bills on and off the Index which supported conservative values.  As Majority Whip, he rallied the other conservatives to each cause and negotiated tirelessly with Senate leadership and less conservative senators to gain support for property rights, States’ rights, gun rights, and the right to life.  This is our most prestigious award in the Senate.

The runner-up is Sen. Mark Allen (R-Spiro) who scored 93 on the Index.  For two consecutive years his score has been 90 or better, and our members have been pleased with his conservative leadership.

Senate Freshman of the Year:  Joseph Silk (R-Broken Bow).  Sen. Silk scored 90 on the Index.  In his second year as a freshman, and without an official leadership position, Sen. Silk made his voice heard on issues such as life, federal tyranny, and parental rights.  Leadership is more than a position; it is a character quality, and OCPAC applauds Sen. Silk’s leadership.

Senate RINO of the Year:  Ervin Yen (R-OKC).  Sen. Yen scored 10 on the Index.  That is not a typo.  One wonders how he got elected and why the State GOP does not revoke his party membership.  His Index score is the lowest in the entire Senate.  Every Democrat scored higher, by an average of 26 points.  Some RINOs are simply ignorant or gullible.  They repeatedly vote the wrong way because they do not know any better and are easily persuaded to go along with liberal leadership.  But Yen is neither of these.  He is dangerous because of his big-government and collectivist beliefs and his willingness to implement them in policy.  In 2016 he fought hard to force parents to vaccinate their children, and he openly admitted in a committee hearing that he would go after religious exemptions.  Yen is an enemy of liberty on every front.

The runner-up is Sen. Jack Fry (R-Midwest City) with an Index score of 33.  His liberal ideology is evidenced by his votes for more debt, more police surveillance, unlawful seizure of private data, and more regulations on small businesses.

House Legislator of the Year:  David Brumbaugh (R-Broken Arrow).  Rep. Brumbaugh scored 100 on the Index and earned OCPAC’s highest award in the House.  Beyond his tough votes under pressure, he also spent many late nights building a coalition committed to closing every abortion mill in our state.  This was not a popular project with House and Senate Leadership; without Rep. Brumbaugh’s tenacious shepherding of the legislation at every step, it would not have made it to a vote on the House floor.

The runner-up is Rep. Jason Murphey (R-Guthrie).  Rep. Murphey’s steadfast commitment to conservative principles in policy is the standard in the House.  After ten years of service, his lifetime average on the Index is still 100.

House Freshman of the Year:  Chuck Strohm (R-Jenks).  Rep. Strohm scored 93 on the Index and several times this year debated passionately on the House floor in favor of bills to defend property rights and transparency in government.  His bill to force internet publication of school district finances was used on this year’s Index.

The runner-up is Rep. Travis Dunlap (R-Bartlesville).  With an Index score of 80, Rep. Dunlap showed great understanding of conservative principles and how they are manifested or come under attack in policy proposals.

House RINO of the Year:  Leslie Osborn (R-Mustang).  Rep. Osborn scored 23 on the Index.  She actively advanced anti-liberty and anti-free-market policies.  Osborn was a vocal advocate of complying with the federal REAL ID Act, an unconstitutional act which violates state sovereignty and grows the police and surveillance state.  Right after the primary filing date passed, and after seeing that she had no primary opponent, Osborn came out in favor of the governor’s budget plan which featured a whopping 150% tax increase on cigarettes.

The runner-up, another big spender on immoral and unlawful projects, is Rep. Mike Christian (R-OKC) who scored only 21 on the Index.

Wilberforce Champion of Life:  Joseph Silk (R-Broken Bow).  William Wilberforce (1759-1833) was a member of the British Parliament and is famous for his life-long campaign to abolish the slave trade.  Year after year he introduced legislation to abolish slavery, even when he knew it was not popular and would not help his political career.

Freshman Senator Joseph Silk took a similar stance this year when he authored Senate Bill 1118 which would have put the practice of abortion back under the state’s murder statutes.  Sen. Silk knew that in so doing he would likely be forfeiting future positions of power.  By taking the morally and constitutionally correct position that the federal government and U.S. Supreme Court are wrong on abortion, Sen. Silk has created enemies in the Oklahoma Senate.  We praise Sen. Silk for matching policy to principle, regardless of the opposition or personal risk.

Braveheart Champion of Liberty:  Josh Brecheen (R-Coalgate).  William Wallace is famous for his leadership in the Wars of Scottish Independence.  His willingness to sacrifice everything for liberty was portrayed in the film Braveheart.

Senator Josh Brecheen holds the view that Washington is an oppressive overlord.  At every turn he is looking for a way to fight against federal tyranny and restore Oklahoma sovereignty.  He fought to put his principles into policy when it came to federal education standards and federal trans-gender bathroom mandates.  At the local level, he fought the tyranny of our own overlord, Gov. Mary Fallin.  Fallin vetoed legislation protecting parental rights regarding vaccination; she vetoed legislation allowing farmers to hunt destructive wild hogs on their own property; and she vetoed legislation which would have torn down all Oklahoma altars of child sacrifice.  Sen. Brecheen was a key leader in the coalition which attempted to override the governor and her liberal lackeys in the Senate.

Davy Crockett Champion of Property:  Kyle Loveless (R-OKC, Mustang).  Davy Crockett was a member of the Tennessee Legislature and the U.S. Congress.  He became famous for defending property from the money-hungry hands of government—see his speech “Not Yours to Give.”  He died in defense of the Alamo during the Texas Revolution.

Senator Kyle Loveless has realized that government at every level has means and methods of stealing private property.  He has worked tirelessly over the last year to educate the public about the abuses of civil asset forfeiture, and he proposed legislation to protect private property from seizure by law enforcement without due process.  His efforts appear to have been thwarted by law enforcement unions and lobbyists who exerted pressure on Senate leadership, but Sen. Loveless remained vocal, and his efforts led to some moderate reforms being heard in the Legislature.  We appreciate Sen. Loveless’s Crockett-like tenacity to defend our property.

Korczak Defender of Individual Rights:  Rep. Randy Grau (R-Edmond), Rep. Mike Ritz (R-Broken Arrow), Sen. Rob Standridge (R-Norman), Sen. Nathan Dahm (R-Broken Arrow).  Janusz Korczak was an author of children’s stories, a pediatrician, and the headmaster of an orphanage for Jewish children in Warsaw, Poland.  When the Nazis moved the orphans to the Treblinka extermination camp, Korczak had been offered sanctuary, but he turned it down repeatedly, saying that he could not abandon his children.  Attempting to provide comfort and protection from the state until the very end, Korczak boarded the train with about two hundred of his children and was never seen again.

Statists and collectivists are working at every level to take away parental rights, destroy local sovereignty, and control populations in every meaningful way.  One of the greatest manifestations of these efforts is the move toward mandatory vaccination.  Although Sen. Yen’s vaccine mandate was defeated, grassroots activists wanted to go on offense by attempting to secure in Oklahoma law parental rights to informed consent.

Rep. Grau agreed to carry the Parental Rights Immunization Act for the Oklahomans for Vaccine and Health Choice PAC.  Rep. Ritz (an OBGYN doctor) made sure the bill was heard in his House committee.  Sen. Standridge (a pharmacist who had already spoken against Yen’s tyrannical bill), readily agreed to hear the Parental Rights bill in his Senate committee.  Sen. Dahm co-authored the bill in the Senate and secured the votes necessary for passage.  These legislators fought to empower parents to defend (like Korczak) their children from the deadly overreach of state power.

Charlie’s Overall Conservative

Every legislator who has completed at least two years of service and has a lifetime average of 90 or better on the Index receives the Charlie's Overall Conservative award.  This award recognizes the hard work it takes to be consistently conservative, and it is named in honor of OCPAC founder Charlie Meadows who always wears overalls.

Congratulations to Senators Anthony Sykes (R-Moore) and Nathan Dahm (R-Broken Arrow).  Congratulations to Representatives Jason Murphey (R-Guthrie), Dan Fisher (R-El Reno), Sally Kern (R-OKC), David Brumbaugh (R-Broken Arrow), Paul Wesselhoft (R-Moore), Chuck Strohm (R-Jenks), and Travis Dunlap (R-Bartlesville).

Visit OCPAC's Facebook page here, and become a member here.

Loveless comments on Fallin's ERAD-delay order

Following Governor Fallin directing the Oklahoma Highway Patrol to delay use of their ERAD card readers, State Sen. Kyle Loveless (R-OKC) issued the following statement:

"On behalf of freedom-loving Oklahomans across the state, I want to thank Governor Fallin for taking this issue seriously.  Suspending OHP's card scanner program is the appropriate response until we know exactly what the full capabilities of these device are."

"When we are faced with balancing Constitutional liberty and public safety, we should always err on the side of the Constitution until we have all the facts."

OHP, Loveless comment on ERAD card reader usage

Civil asset forfeiture has been a brewing controversy over the past few years, both in Oklahoma and across the nation.

What is civil asset forfeiture? Here's an explanation from the Cato Institute:

Under state and federal law, police departments can seize and keep property that is suspected of involvement in criminal activity. Unlike criminal asset forfeiture, however, with civil forfeiture, a property owner need not be found guilty of a crime—or even charged—to permanently lose her cash, car, home, or other property.

Oklahoma is widely recognized as a state with many abuses in the civil asset forfeiture practice. Mike McCarville of The McCarville Report has posted extensively about this topic. One recent case took place right here in Muskogee County, when Burmese Christian band manager Eh Wah had over $53,000 in sales proceeds and donations seized by the Muskogee County Sheriff's Department after being pulled over for a broken tail light. Wah was never charged with a crime, and after the story hit national media Muskogee County District Attorney Orvil Loge dropped all charges and returned the money.

Recently, news broke that the Oklahoma Highway Patrol had acquired new technology that can be used in asset forfeiture. Enter the Electronic Recovery and Access to Data (ERAD) Prepaid Card Reader. Here's this from the Department of Homeland Security:

During arrests of criminal couriers, law enforcement officers rarely find bundles of cash wrapped in rubber bands anymore. Instead, they find stacks of plastic cards — bank credit and debit cards, retail gift cards, library cards, hotel card keys, even magnetic-striped Metrorail cards — that have been turned into prepaid cards.

The Department of Homeland Security Science and Technology Directorate’s Electronic Recovery and Access to Data (ERAD) Prepaid Card Reader is becoming a vital tool for law enforcement seizing these cards and funds associated with criminal activity.Several credit cards, hotel key cards and other cards with magnetic strips

The ERAD Prepaid Card Reader is a small, handheld device that uses wireless connectivity to allow law enforcement officers in the field to check the balance of cards. This allows for identification of suspicious prepaid cards and the ability to put a temporary hold on the linked funds until a full investigation can be completed. The project, developed by S&T’s First Responder Group (FRG), began in March 2012.
[...]
FRG transitioned the card reader to the commercial market, and it is now available for law enforcement use.

The Oklahoma Highway Patrol acquired between 15 and 20 ERAD devices from ERAD Group, Inc., in April. According to the contract (PDF link), OHP is paying a one-time implementation charge of $5,000, in addition to 7.7% of all funds seized through the readers and up to $1,500 for training.

I spoke with OHP public information officer Capt. Paul Timmons yesterday about the program. According to Timmons, "The [ERAD] readers have been used in other states across the country for quite some time; Oklahoma has had them for approximately 3 weeks." He didn't have any information about surrounding states using the readers. Due to the amount of readers purchased, only a small number of patrol cars have the devices.

I asked how many incidents have resulted in seizing of funds, and he said that "there have been no seizures of funds to date." 

He further said that two arrests have taken place as a result of OHP implementing the ERAD readers. "There have been charges filed for taking a credit card without consent, false making of credit/debit cards, possession of unsigned credit/debit cards, and possession of incomplete credit/debit cards as a result of having the [ERAD] machines. Other charges filed include possession of falsely/embossed bank cards and possession of drug paraphernalia. Total arrested so far 2 subjects with charges totaling over 260 felony charges.  Arrest warrants have been issued for two other suspects." The two individuals arrested had 129 cards with them.

When asked under what circumstances the readers are used, Capt. Timmons likened it to a DUI stop. The individual has to meet certain benchmarks before being pulled over, and if the officer determines there is enough probable cause or reasonable suspicion, they obtain consent to search vehicle and to run cards through reader. If the information listed on the card doesn't match what shows up when the card is scanned, the ERAD reader gives an error message, at which point they can pursue to an arrest and/or seizing of the card(s).

Capt. Timmons said that the biggest misconception about the readers is that they can scan bank debit or credit cards and pull banking information off. He said that is not the case; the readers only work on preloaded gift cards and similar cards. "We absolutely will not ask for your banking information" or credit card information.

According to Capt. Timmons, OHP is using the devices primarily to investigate credit card fraud and identity theft.

State Sen. Kyle Loveless, the primary legislative author of civil asset forfeiture reform, has strong concerns about the program.

Overreach by the government without any or little due process is what we fought the British over 200 years ago.

Rewind your clock a year, we were told NO innocent people's property was ever taken, and we only could use the property on drug interdiction efforts and law enforcement purposes.   That sounds great- but it is patently FALSE.

Ask the Goss family of Creek County or Chief Steven Mills of Apache, Oklahoma or the famous case out of Muskogee – of international fame because of Mr. Wah who was the manager for the Christian band that traveled around the US raising money for missions, and for orphans in Burma.

If their money isn't safe neither is yours or mine. These ERAD readers are forfeiture on steroids.

Their own promotional materials boast of taking months of wasted time and process where we can drain the funds from these cards in seconds—from months to seconds. They leave two words out – DUE PROCESS.

The legislature was never told about these purchases and when 25 states had legislation to reform their terrible forfeiture laws- Oklahoma double downed and went the opposite direction.  The timing of hearing about this after session is lost on no one.

We are hearing of how business and tourism will be effected by this unacceptable, unconscionable, un-American and the opposite of what Oklahomans want.  This is a slap in the face of every Oklahoman.  Guess who the biggest card issuer is of prepaid debit cards?  The state of Oklahoma uses pre paid cards for all kinds of reasons.

I will continue to fight, there is no left or right up or down – there is wrong and right and this is plain wrong.

According to OklahomaWatch, the ERAD readers are also in use by "a joint law enforcement drug interdiction team under the Oklahoma County District Attorney’s Office".

What do you think about the program? Comment with your thoughts.

Muskogee DA Drops Forfeiture Case Against Christian Orphanage, Church, and Band

Victory: Muskogee DA Drops Forfeiture Case Against 

Christian Orphanage, Church, and Band

Muskogee, Okla.—This afternoon, Muskogee, Oklahoma, District Attorney Orvil Loge indicated that his office was officially dropping all charges against Eh Wah, a Burmese refugee he had charged with possession of drug proceeds [background stories from the Institute for Justice and the Washington Post]. He also indicated that he would drop the civil forfeiture and immediately return the money Muskogee law enforcement officials took from a group of Karen Christian refugees from Burma and Thailand. The announcement comes less than a day after the Institute for Justice announced that it was representing the innocent owners in the case.

Following the announcement, Institute for Justice (IJ) Attorney Dan Alban issued the following statement:

“We are thrilled that District Attorney Loge has dropped the criminal case against Eh Wah and offered to return the money to the band, the church and the orphanage. The intense public scrutiny generated by this outrageous case led to justice being served. Unfortunately, civil forfeiture laws allows property to be seized from innocent people every day in this country. The law allows this to occur and most people do not have the media or pro bono counsel to fight it. Absent the extraordinary circumstances of this case, that property is almost always forfeited and lost for good, even if no one is charged with or convicted of a crime.”

“Muskogee has no excuse for this gross miscarriage of justice. Based on next to no evidence, what started as an ordinary traffic stop turned into a nightmare. They turned a man’s entire life upside down. It should have never come to this. This is a clear-cut case of abuse of power.”

“Not every civil forfeiture victim is a Christian orphanage or a world-renowned Burmese Christian band, but when even their money isn’t safe, no one’s money is safe from forfeiture abuse. This case illustrates that civil forfeiture laws are fundamentally unjust.”

IJ Senior Attorney Matt Miller added:

“Earlier this year, Oklahoma rejected a bill that would have reformed the state’s civil forfeiture laws to better protect property owners after law enforcement claimed that there was no evidence the law was being abused. This case shows that no one’s property is safe from a forfeiture system that incentivizes police to take as much cash and property as possible while making it difficult for owners of that property to fight back. Civil forfeiture needs to end, or be radically reformed. It cannot come soon enough.”

Finally, Eh Wah added:

“This was an experience that no one should ever have to live through. It felt like something that would happen in a third-world country, but not in the United States. I’m just so happy that this is over and I hope that no one else will have to go through something like this.”

          *          *          *          *          *

It's amazing how quickly justice can move when enough attention is brought to bear. It certainly makes you wonder about similar situations where money is wrongly seized, but this type of ending doesn't occur. Kudos to the Washington Post and others for shining light on this, and bringing this outcome to pass.

Mike McCarville (the "elder statesman" of Oklahoma's conservative blogosphere) has been beating the drum for quite some time now on changing Oklahoma's civil asset forfeiture laws. It's a shame that powers-that-be in the state legislature stopped State Sen. Kyle Loveless' attempts to bring much-needed reform to this issue.

Lankford endorsed by 4 Tulsa State Senators, Shannon by 4 OKC State Senators

In the past week, U.S. Senate candidates James Lankford and T.W. Shannon each gained endorsements from four metro state senators: Lankford was endorsed by four Tulsa-area senators, and Shannon was supported by four OKC-area senators.

Lankford's press released, posted on the McCarville Report:
Four Tulsa area state senators have endorsed Congressman James Lankford in his bid to win the Republican nomination for the U. S. Senate.

“I endorse James Lankford with confidence because I know he will fight for Oklahoma’s working families and small businesses during tough economic times, while standing up for Oklahoma values and the Right to Life at all times.”
Senator Rick Brinkley - District 34

“Oklahoma families have been presented with difficult decisions as the economy struggles to recover.  I know that James Lankford shares my belief that government should not make decisions even more challenging for our families, and I trust him to fight for lower taxes and responsible spending on behalf of Oklahoma taxpayers.”
Senator Mike Mazzei - District 25

“I’m excited to see the groundswell of support for James Lankford in our great state. More than ever, it’s critical that we send leaders to Washington, D.C. who understand what matters to Oklahomans because they’re listening to us and working on our behalf.  James Lankford will be that type of leader in the U.S. Senate.”
Senator Dan Newberry -District 37

“As a small business owner, I believe it is important to elect someone who will fight to keep federal agencies from burdening our businesses with massive regulations that are stifling economic growth and job creation in our state. Because of his managerial experience, his passion for our state, and his commitment to our hardworking families, I’m proud to endorse James Lankford.”
Senator Gary Stanislawski - District 35

Shannon's press release, posted on TheOkie:
Conservative Oklahoma state Senators David Holt (District 30), Kyle Loveless (District 45), Rob Johnson (District 22), and Ralph Shortey (District 44) today endorsed T.W. Shannon for U.S. Senate.

“Addressing our nation’s unprecedented challenges will require the kind of consensus we have rarely enjoyed the last three decades,” Senator Holt said. “Building that consensus will demand extraordinary leaders who can relate to the America of 2014. T.W. represents a new generation of leadership. He stands for common sense fiscal conservatism and free market values. He has a proven record of success as Oklahoma’s Speaker of the House. He is an Oklahoman, born and raised. He is a principled man of faith supported by a loving family. He has demonstrated his willingness to do what must be done, even if it makes some special interests uncomfortable.”

Senator Loveless said, “Having worked in Washington, D.C., and now as a state senator, I have worked with and known T.W. Shannon for over ten years. He is a conservative stalwart. He is a leader, he is a great dad, and he led the effort to ensure that those on welfare that were able-bodied had to work to get their benefits. As a small business owner, we need leaders like T.W. who have a background in business and who understand the burden the federal government is to economic growth in Oklahoma. He will be an excellent U.S. Senator for Oklahoma, I am proud to endorse T.W. Shannon for the U.S. Senate.”

“I have worked closely with T.W. in the legislature,” Senator Johnson said. “He’s a true conservative and a man of faith, vision and character. T.W. is a natural leader and we need him to bring that leadership and vision to Washington, D.C., as our next U.S. Senator.”

“I have had the wonderful opportunity to work with Speaker Shannon on many conservative issues,” Senator Shortey said. “Not only have I been impressed by his strong conservative principles but also by his leadership in advancing those principles. Whether it was by creating the States’ Rights Committee or standing against increasing bonded indebtedness in our state, T.W. has shown constant conservative leadership. I believe he is the conservative leader we need in the U.S. Senate and am honored to offer my support and endorsement.”

“Though still just a candidate,” said Senator Holt, “T.W. Shannon has already captured the imaginations of Oklahomans and Americans across the nation, and this is nothing for which he should apologize. T.W. possesses the rare gifts that make great leaders. T.W. Shannon is the man for this moment. It is an absolute certainty that he will be a national leader immediately upon his election. Our party needs that leader. Our nation needs that leader. Oklahoma can deliver that leader.”

“I’m humbled to receive the endorsements of my colleagues in the Senate,” Shannon said. “As conservative legislators we worked together in the fight to reduce debt, cut spending and reform welfare for Oklahoma.”