Tag: Initiative Rights

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ballot access initiative, referendum, and recall

Finished Business

Nebraska Win

The civil war is over!

I mean Nebraska’s civil war, a 23-​year schism between its unicameral legislature and what’s known as the state’s “second house” — that is, the people, acting through the initiative and referendum process, often checking the power of the first house.

Hero of the day? State Senator Mike Groene of North Platte, who championed Legislative Bill 367. Kudos also to the 42 – 0 vote of the Nebraska Legislature that enacted the measure, as well as to Governor Pete Ricketts for signing it into law.

Groene, who has been politically active for years with the Western Nebraska Taxpayers Association, got into office as a result of term limits. His LB 367 reverses the state’s seven-​year ban on paying petition circulators according to the number of signatures they gather. He convincingly argued that the ban had “really broken the back of people trying to take part in their government through the petition process.”

“It’s time for this body to call a truce,” Groene told fellow lawmakers, declaring that since term limits were first passed, citizens and their representatives had been locked in a “civil war.”

During that war, State Sen. Diane Schimek, a 20-​year legislator about to be term-​limited, successfully pushed legislation to restrict citizen petitions. Part of her measure was struck down as unconstitutional in Citizens in Charge v. Gale.  Now the rest has been unanimously repealed by the state legislature.

Sen. Paul Schumacher of Columbus favored Groene’s bill, saying that legislators could use a more viable initiative check on their power. The unicameral’s attacks on citizen petitions were, he said, “reflective of a government that was afraid of its people.”

Now it’s peacetime in Nebraska.

This is Common Sense. I’m Paul Jacob.

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Nebraska Win

 

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Accountability ballot access Common Sense First Amendment rights general freedom initiative, referendum, and recall

Really Protecting Our Rights

Incentives matter. Which is why Ohioans have much to celebrate
this week.

Federal District Judge Michael Watson turned his previous temporary injunction against enforcement of Senate Bill 47 into a permanent injunction. That statue outlawed non-​residents from helping Buckeye State residents by gathering petition signatures for an initiative or referendum.

The case is Citizens in Charge v. Husted. Citizens in Charge — where I work — protects initiative rights. Jon Husted is the Ohio Secretary of State.

But Judge Watson went further, declaring Sec. Husted’s office liable for damages to one of our co-​plaintiffs, Cincinnati for Pension Reform. The judge found that “a reasonable official would have understood that enforcement of the residency requirement would violate plaintiffs’ First Amendment right to engage in political speech.”

Public officials have what’s known as “qualified immunity,” which protects them from liability when acting in good faith. A spokesman for Husted offered a defense: they were acting “on the assumption that the law is constitutional.”

“Some qualified-​immunity cases are difficult,” countered election-​law expert Daniel Tokaji. “Not this one.”

Ohio’s residency law was ruled unconstitutional in 2008, after Ralph Nader’s presidential campaign sued. In 2009, the previous secretary of state officially acknowledged the law unenforceable regarding all petitions. Yet, seeking to block citizen petitions, legislators passed it again, and Husted was quick to enforce.

Maurice Thompson of the 1851 Center for Constitutional Law, our attorney, cheered the “deterrence” this decision provides.

“If public officials from the governor down through the police know that they will be liable for enforcing an unconstitutional law,” he explained, “they are far more likely to take Ohioans’ constitutional rights seriously.”

This is Common Sense. I’m Paul Jacob.

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Common Sense

Opposed to Answers

A Daily Oklahoman editorial laments the killing of a bill that would have created a task force to study the state’s initiative process, writing, “The initiative petition process in Oklahoma is in need of a fix.”

That’s why Representative Randy Terrill sponsored the bill. Which passed the House 86 yays to only 11 nays. But in the Senate, evenly divided between the parties, the Democrats stopped it.

As Norma Sapp, head of Oklahomans for Initiative Rights said, “This bill would simply allow legislators to find out the facts … and to discuss possible solutions. How can anyone be against having more information?”

Does seem a bit odd, no?

The editorial suggested, “That the bill got shelved is evidence the status quo on this issue suits some policy-​makers just fine.”

Turns out, as a Democratic senator admitted, it was Attorney General Drew Edmondson who furiously lobbied behind-​the-​scenes against the task force.

Yes, this is the same Drew Edmondson who is persecuting the Oklahoma Three — that is, Yours Truly and two colleagues — seeking to imprison us for ten years for working on a petition drive. There’s more on our case at FreePaulJacob​.com.

Edmondson also refuses to investigate instances of real petition fraud that have been brought to his office. Why? Well, it could be that the facts would hurt his case in a court challenge against Oklahoma’s petition law.

If you oppose answers, you don’t want any questions.

This is Common Sense. I’m Paul Jacob.