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About this Blog
Direct democracy -- the Switzerland-inspired system of initiatives, referenda and recalls that allows voters to make and repeal laws in 24 states -- is poorly understood. It isn’t even very direct. Direct democracy has become blockbuster democracy: a half-billion-dollar international industry of signature gatherers, consultants, and election lawyers who use ballot measures less as a method of making law and more as a tool of mega-communications to boost some politicians, hurt others, and supplement lobbying campaigns.
Blockbuster democracy is a decentralized business that practices wide-open politics. This blog aims to provide a center of news, analysis and conversation for and about the industry. We will report from blockbuster democracy’s capital -- California -- but we’ll monitor ballot measures from across the country and around the globe.
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Federal Appeals Court Reverses Ruling Keeping Referendum Petitions Private
A federal appeals court has reversed a district judge's ruling barring the release of referendum petitions in Washington state. The appeal court didn't release a full opinon and it's not clear when the petitions in question will be released.
The lower court judge had barred the release of petitions collected to qualify Referendum 71, which seeks repeal of a Washington state law granting more rights to domestic partners. In so doing, he seemed to argue that the act of signing a petition to reverse a law was private. Gay rights groups have sought the names of those who signed the petitions, as part of an effort to put public pressure on those who signed.
My earlier description of the previous ruling is here.
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Privacy turned on its head
OK, now the state of Washington has an enemies list. How dare you try and dissent, because now the state can find out who signed on any dissent. Oh you signed I-1033 to curb government growth, well guess what, your tax returns will deserve an audit. Signed a recall? Oh wow the police will love to patrol your neighborhood. Siding with the government and saying it is public disclosure is anti First Amendment. But then again what the HOMOSEXUAL lobby wants the HOMOSEXUAL lobby gets.
In a way I am glad it will go to the Supreme Court. It will then revoke all these "public disclosure" laws in other states. I will take my chances on the conservative judges.
Secondly, this will impact the entire I&R industry throughout the nation. We must put up privacy protections on the ballot to safeguard privacy in the future. Ask anyone who signs a petition if they want it private and they all will say yes. This would win in a landslide. The petition companies have in their best interest to keep petitions private.
Going to the Supreme Court
This whole issue looks as if it might be settled where ultimately should be settled in the United States Supreme Court. The reasoning that we are quasi-legislators by signing is insane. The point of signing a petition is form of dissent and the 1st Amendment expressly protects it. Second, even if we are "quasi-legislators" it still doesn't mean we didn't petition our government. Duhhh, a petition is still a petition whether or not it becomes binding legislation or not. Our rights to petition still is sacred. Also the rationale of those who want names exposed can then creep into those who voted on it. Remember those who voted on it are also "quasi-legislators" in effect. They made legislation not just voted on legislators. Where will it end?
http://www.ballot-access.org/2009/10/19/secrecy-of-petition-signatures-g...