Tag: petition

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Common Sense crime and punishment general freedom

Atrocious “Justice”

Paul Jacob

This week I traveled to South Dakota to release an 18-​page report on Attorney General Marty Jackley’s prosecution of Dr. Annette Bosworth. In less than two weeks, Bosworth goes on trial facing 12 felony counts carrying a maximum penalty of 24 years in prison and $48,000 in fines.

From my research, that’s the most severe penalty any American has ever faced on a petition-​related charge. Conversely, the transgressions alleged against Dr. Bosworth are arguably the least sinister ever prosecuted.

She had made available, at her office, petitions to place her name on last year’s GOP primary ballot … for patients and visitors to sign. During that time, the doctor traveled on a medical mission of mercy to typhoon-​devastated Philippines. While she was gone, 37 people — including her sister — signed those nominating petitions.

When Dr. Bosworth returned and the petition period came to a close, she signed as the circulator of those six petitions. But the circulator statement reads that she witnessed each signature being affixed.

So Attorney General Jackley charged her with six felony counts of filing a false document and another six for perjury.

While I empathize with Bosworth’s situation, my report was focused on the impact such an over-​the-​top prosecution has on the people of “the other Sunshine State” — the woman considering a run for public office or the fellow thinking about gathering signatures.

Our election system should be open and welcoming. Not frightening.

Petition rules must be enforced. But consistently, in a non-​partisan and reasonable way — not by coming down in a draconian, disproportionate fashion.

And not singling out someone the AG just happens to have been at odds with personally and professionally for years.

“AG” ought not stand for “Atrocity Generator.”

This is Common Sense. I’m Paul Jacob.

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Paul Jacob

Dr. Annette Bosworth

 

 

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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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Accountability ballot access Common Sense general freedom government transparency

Pierce Petition Power

Jerry Gibbs

Pierce County, Washington, Executive Pat McCarthy charges that “a majority of the County Council bowed to political pressure, even though this could set a terrible precedent that the most basic administrative actions of government can be derailed by the simple act of signing a piece of paper.”

Yeah, right.

At issue is a $127 million construction project to build a new county administration building. Back in February, the Council voted 4 – 3 to move forward on the project.

The total cost of the new building, including financing fees and interest, will add up to $235 million according to Jerry Gibbs and a group called Citizens for Responsible Spending. These activists filed a petition to demand a public vote on the issue next November.

As is all too common these days, their grassroots effort was quickly countered by the big guns: the city filed a lawsuit against them, attempting to block the referendum.

The lawsuit didn’t sit well with people in Pierce County.

“Why don’t they want this voted on by the people?” asked Gibbs.

“This is absolutely an abuse of power,” decried resident Sheila Herron, “this is bullying of a private citizen.”

Council Chair Dan Roach argued that the power to launch a court challenge must come from the council, which had not discussed it. He warned his fellow city officials: “you are sending a very chilling” message to citizens not to “dare try to challenge what we’re doing as the government.”

Last week, the County Council voted 4 – 3 to drop the lawsuit, bowing to political pressure … from the people they represent.

In short, good government broke out.

This is Common Sense. I’m Paul Jacob.

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ballot access

Politicians Need Petition Experience

On Tuesday, U.S. Rep. John Conyers (D‑Mich.), the 49-​year, 25-​term congressman representing bankrupt Detroit, made big news. According to the Wayne County clerk, Conyers failed to gather enough voter signatures to earn a spot on the Democratic Party Primary ballot this Fifth of August.John Conyers

Still, I stand by my Townhall column’s prediction: the congressman will be on that ballot. Conyers ran afoul of a law requiring petition passers to be registered voters. It is unconstitutional. The ACLU filed suit on Monday to overturn it.

Conyers only had to manage a mere one thousand signatures, which hardly seems too tough for a seasoned incumbent. Conversely, Michiganders petitioning for a statewide ballot measure must secure 258,087 voter signatures — 322,609 for a citizen-​initiated constitutional amendment.

Conyers isn’t alone in flunking Petition Drive 101. Two years ago, Republican Congressman Thaddeus McCotter resigned after several staff members falsified signatures on his petition.

Michigan’s policy, making major-​party politicians gather a small number of voter signatures to obtain ballot status — independent and minor party candidates must often collect much larger numbers — is not a mere useless hurdle. If adopted universally, it could provide a large number of examples that our powerful politicians actually have surprisingly weak support.

Moreover, making politicians petition might stir their sympathy for the struggles citizens face in gathering signatures. Working my day job with Citizens in Charge, I witness constant attacks on the initiative petition process from legislators, who claim it’s “too easy” to put issues on the ballot.

Which, of course, means that those politicians haven’t ever tried.

Politicians often tell us how important “experience” is.

Give them some.

This is Common Sense. I’m Paul Jacob.

Categories
initiative, referendum, and recall Second Amendment rights

A Voter Revolt

The signatures are in: 16,199 of them — twice as many as needed to initiate the first recall election of a state lawmaker in Colorado history.

The target of voter ire? Senate President John Morse. He ticked off his El Paso County constituents by spearheading the recent triple whammy of gun control legislation that neatly bypassed Colorado voters earlier this year.

You may remember the controversy. The three bills in question, signed by the governor as emergency legislation so that no voter referendum was possible, elicited widespread negative reactions in the state, including nearly every county sheriff in Colorado publicly opposing the bills.

So, why did the sheriffs oppose the legislation, while Democrats in the legislature passed the bills?

Like state legislators, sheriffs are elected. But, unlike legislators, sheriffs deal with self-​defending citizens qua citizens, as well as criminals and victims, on a regular basis. Such experience brings a different perspective, and makes sheriffs more skeptical of blunt legislative solutions.

Traditionally, Democrats — despite the fondness demonstrated by their party constituencies for increased government control over private weapons — tend to treat the issue of “gun control” with some modicum of care. At least, those in the mid-​west and western states tend to.

But Senator Morse did not.

Morse won the senate seat back in 2010 by fewer than 350 votes, with a Libertarian Party candidate racking up 1,320 votes — almost 5 percent. Libertarians are strongly pro-​Second Amendment. Yet, Morse treated his narrow victory as a call for sweeping change. A mandate!

He may reap the “reward” for such “courage.”

This is Common Sense. I’m Paul Jacob.

Categories
too much government

The Budget Math Deficit

The White House once promised to answer any petition posted at its .gov site that garnered at least 25,000 signatures. (It has since increased the minimum.) Facetious persons urged it to build a Death Star like the planet-​destroyer in Star Wars.

Well, the petition got the necessary signatures, and the Obama administration responded: No, we shan’t build a Death Star. One reason given? Paul Shawcross, a budget official, noted the prohibitive cost.

“We’re working hard to reduce the deficit, not expand it,” he says.

Really?

Now consider a widely reprinted lesson in accounting offered a little more than a year ago by Laurie Newsom of the Gainesville Tea Party. Newsom suggested that to better understand the government’s spending antics, drop eight zeros from the budget numbers. Newsom cited annual tax revenue of $2,170,000,000,000, a federal budget of $3,820,000,000,000, new debt of $1,650,000,000,000, national debt of $14,271,000,000,000. And “budget cuts” of $38,500,000,000.

Delete eight zeros and pretend that the national government is just one household. So instead of federal revenue of $2.17 trillion, we have one household bringing in $21,700. But in the same year, its residents are spending $38,200 and adding $16,500 to a credit card with an outstanding balance of $142,710. One the other hand, the family has “cut” $385 from its spending.

Sound like a very disciplined effort to get the fiscal house in order?

Things that can’t continue forever, don’t.

This is Common Sense. I’m Paul Jacob.