Stipe v. State Ex Rel. Board of Trustees

*127 WINCHESTER, C.J.,

dissenting.

1 I must respectfully dissent to the majority's conclusion regarding Senator Stipe's federal crimes. The particular nature of these calculated crimes coupled with his prestige as a State Senator served to disenfranchise his constituents. These acts violated his oath of office and constituted a breach of service as State Senator.

T2 Stipe pled guilty to three counts: one count of Conspiracy to Obstruct a Federal Election Commission investigation, a felony; one count of perjury, also a felony; and one count of conspiracy to violate the Federal Election Campaign Act, a misdemeanor. According to Stipe's own admission, these crimes involved an elaborate conspiracy to funnel $245,189 in illegal campaign contributions to a candidate in the 1998 election campaign for Oklahoma's Third Congressional District. To accomplish this subversion, Stipe used at least 89 straw donors, each of whom violated the law on Stipe's behalf. The Senator then attempted to cover his illegal activities by repeatedly lying to investigators about his involvement and eventually committing perjury. All these events occurred during Stipe's tenure as a State Senator.

T3 The majority opinion relies on the assumption that Stipe's actions did not violate his oath of office. As a Senator, Stipe swore to "support, obey, and defend the Constitution of the United States, and the Constitution of the State of Oklahoma." He swore and signed this oath twice as a state representative and seven times as a state senator.

T4 Free and fair elections are the foundation of our democracy. The Declaration of Independence established that the power of government comes from the consent of the governed. These foundations are expanded upon in the United States Constitution. Article I, Section 2 relates directly to congressional elections: "The House of Representatives shall be composed of members chosen every second year by the people of the several states...." Section 4 elaborates on the election process: "The times, places and manner of holding elections for Senators and Representatives, shall be prescribed in each state by the legislature thereof. ..."

5 Although abiding by federal campaign laws might not have been explicitly stated in the Senator's oath of office, I would assert that tampering with an election strikes at the very heart of "support, obey and defend the Constitution."

T6 Our democracy operates on the premise of one person, one vote. The amount of money Senator Stipe injected into the campaign served to drown out the voice of individual voters in favor of his own selection for office. Campaign finance laws set contribution standards to level the playing field among the candidates and to ensure that any single donor does not have undue influence over an elected official.

1 7 This is not a case of poor record keeping or an overzealous supporter exceeding the contribution limit by a few dollars. This was a calculated and elaborate effort by a State Senator with 54 years in office to deprive many of his own constituents of their fundamental voting rights.

T8 This calculated effort involved a number of other people, namely the 89 straw donors and the congressional candidate and was, by his own admission, orchestrated by Stipe. As the U.S. Attorney stated, "Stipe used his enormous influence and reputation" and "his position of authority and power to manipulate the conduct of people who looked to him for leadership." The prestigious position of State Senator for 54 years imbued Stipe with a powerful and forceful influence that compelled 39 other individuals to commit conspiracy. This power and influence stemmed directly from holding the office of State Senator and cannot be overlooked.

T9 Clearly, if Senator Stipe had accepted the illegal contributions, rather than financed them, there would be no question that he violated his oath of office. I assert that the election process is so fundamental to our system of government that any illegal actions to subvert it are in themselves violations of the oath of office.