Utah

Friday Round Up: Challenges to South Dakota Abortion Initiative, Utah Land Use Ban

Joe Mathews — Fri, 30 May 2008 15:04:00 -0400

ANTI ABORTION BAN MAY BE UNCONSTITUTIONAL: South Dakota's attorney general suggests that if approved by voters, a November ballot initiative to ban abortion in almost all cases there could face a legal challenge. Such challenges are common, and often are successful. In California, nearly half of all inititiatves passed by voters since World War II have been invalidated at least in part by the courts. (Hat tip: ballotpedia).

DENVER COUNCIL DOESN'T WANT INITIATIVE REVIEW: In California and other initiative states, there is often talk of giving legislative bodies more of a role in reviewing initiatives before they go on the ballot. In Denver, however, the city council, which has such power, doesn't want the headache anymore. Perhaps this has something to do with the extraterrestial commission.

PROBLEMS FOR UTAH BAN ON LAND USE REFERENDA: Is Utah ban on land use referenda and initiatives constitutional? The state's attorney general thinks not.

ADDICTED TO INITIATIVES? An Oregon activist with a love of initiatives is found in contempt of court for using assets to pay for campaigns that a judge says should have gone to a fraud judgment.

IRISH DEBATE: Ireland is the only one of 27 EU countries permitting voters to decide whether to ratify the new Lisbon Treaty, which changes the rules the EU operates under. The vote is scheduled for June 12, and the debate -- over whether the treaty is good or bad for smaller states such as Ireland -- is getting heated.

Wednesday Round Up: The Last Utah Land Use Referendum; Putin and Arnold

Joe Mathews — Wed, 30 Apr 2008 17:14:00 -0400

UTAH FIGHT OVER POWER OF REFERENDUM, INITIATIVVE: A new Utah law, which goes into effect next month, would prevent local voters from making land-use decisions at the ballot. But a group in Sevier County, Utah is attempting to challenge the law -- and plans to build a coal-fired electricity plant in their community.

MORE FIXED THAN PUTIN: At an event on budget reform in Garden Grove Monday, gov. Schwarzenegger -- in answer to a question on his redistricting initiative -- talked about the lack of political compeititon. He repeated the statistic that out of 496 seats up for grabs in the last three election cycles in California, only four changed party hands. "Think about that," he said. "That's a fixed system. We always laugh at Putin in Russia when he has his elections. We say, 'This is ridiculous, it's fixed.' Ours is more fixed, I can guarantee you that. It is crazy." More fixed than Putin? Hard to judge. But on turnover, the governor has got a point, as seats in the Duma have changed party hands -- in large part because of Putin's strong-arming -- more often than California legislative and Congressional seats.

ARIZONA ANGLES: The Arizona legislature is attempting to head off two ballot initiatives that would crack down on employers who hire unauthorized immigrants (Unauthorized is the most accurate term, according to your blogger, so fans of "illegal aliens" -- they're from this planet and their existence is not illegal -- or "the undocumented" -- they tend to have documents -- will have to live with it). Their solution: legislation that would modify the employer sanctions law. But the governor has vetoed it and sponsors of the initiatives say they're going forward.

IMMIGRANT VOTERS AND THEIR CHILDREN will constitute one-third of all California voters by 2012, according to a study from a Bay Area immigrant support group. Here's a report on the study in the LA Times.

COMMON SENSE TAX REFORM: Missed this before, but it's worth taking a look: Mark Paul, a New America colleague, explains the history of the California tax system, and outlines some principles for the kind of tax reform the state needs.

TOBACCO TAX PUSHBACK: A blogger at the web site of The Century Foundation, a progressive group, takes a look at efforts by the tobacco industry to fight ballot measures that seek to pay for health programs with higher tobacco taxes.

WILL THE PERIPHERAL CANAL RISE AGAIN? Old California hands in the ballot measure biz love to tell stories about the 1982 campaign in which voters turned down the Peripheral Canal. The idea is to build a canal around the Sacramento-San Joaquin Delta, which has so many troubles that there are understandable worries about the water supply. But an Assembly committee has put legislation to revive it on hold.

On the Street: A Comprehensive Report

Joe Mathews — Fri, 04 Apr 2008 14:44:00 -0400

UPDATED APRIL 4 After two nights of contacting gatherers and reading initiatives from all over the country (AND SOME EXCELLENT CORRECTIONS ON ARKANSAS AND MICHIGAN FROM Ballotpedia), here's my report on what's "on the street" and circulating in this great democratic land of ours. Please let me know if you think I'm missing important measures. For a more progressive take and focus, you can look at the Ballot Initiative Strategy Center's issues map.

THE GOLDEN STATE: California leads the way, with 52 measures circulating as of April 2 (and more to come, almost certainly). The whole list is here. "We're drowning," the owner of one signature gathering firm told me Thursday. About a dozen seem to have funding to get on signature gatherers' clipboards. Two new initiatives (one that would remove a prohibition on discrimination based on sexual orientation in schools, another a tobacco tax hike to pay for children's health insurance) were titled and approved for circulation Tuesday. They join three new measures -- one banning abortion, one banning stem cell research and the other banning cloning -- that also were recently approved for circulation, though such socially conservative measures typically have trouble attracting the money to qualify for the ballot in California.

ARIZONA wins the award for most circulating initiatives per capita, with 37 measures, 19 of them constitutional amendments and 18 initiative statutes. Reading the list, one gets the impression that Arizonans are so angry that they may leave the country, raising the question of whether John McCain will be eligible to be president. There are measures to maintain initiative rights (which legislators have talked about limiting), roll back taxes (the sponsors have names like Arizona Tax Revolt and Prop 13 Arizona). The blockbuster democracy industry is closely watching one initiative statute that would allow petitions to be circulated via the Internet; industry types tend to like the idea, in that it would control costs, but signature gatherers worry about being cut out of the street action. My personal favorite: an initiative that would require two witnesses before a crime might be prosecuted. There's also an initiative, sponsored by a group calling itself Arizona Tea Party, that would require someone who testifies falsely against another person in court to receive the same punishment that the accused would have received. And you wonder why they called it the Wild West.

In OREGON, 40 measures are listed as formally approved to circulate for the 2008 ballot, but the deadlines and energy for most of those have long passed. The most important measure currently on the street, according to signature gatherers is naturally an initiative that protects the rights of signature gatherers, by limiting the ability of the state to regulate them. (Oregon has been one of a handful of states to try to limit paid signature-gathering). The initiative also would permit ballot initiatives to be considered at primary elections as well as at general elections. Among the dozen or so measures currently on gatherers' clipboards in the Beaver State are initiatives that would create a renewable energy commission, alter the medical marijuana laws, establish a non-partisan or open primary, and prohibits legislators from receiving public pensions.

WASHINGTON is having a big year, with 43 measures filed, numbered and titled for circulation. (Two were approved for circulation and withdrawn; two more have been filed but are not ready for circulation). With some of those filings being different versions of the same measure, signature gatherers say they've seen as many as 18 petitions on clipboards there. The assisted suicide measure sponsored by former Gov. Booth Gardner is getting the most attention. But there are multiple measures dealing with traffic, elections, and taxes. Here's the full list. Anything new and different? How about an initiative that would set aside public funds to pay for embryo transfers as an alternative to abortion? Or an initiative that would make it a crime to lie about war? Those two initiatives have the same author, a frequent initiative filer and Tacoma CAT scan technician named David Henshaw. There's also a measure that would prevent employers from firing cocktail waitresses who refuse to serve alcohol to pregnant women.

NEVADA has 8 measures currently circulating officially, but the two attempts to raise taxes on gaming have been dropped, as has an education initiative.

MISSOURI has 20 measures approved for circulation, including Ward Connerly's anti-affirmative action measure and initiatives on renewable energy, a union-backed measure on the home health care workforce, an initiative to expand eligibility for children's health insurance, and another of the so-called "paycheck protection" measures which require employees to give their written permission before money from their paycheck is used for political purposes.

ARKANSAS (updated April 4): Initiatives to institute a state lottery and ban adoption by same-sex couples are circulating. Thanks again to Ballotpedia.

MICHIGAN (updated April 4) has nine measures currently circulating, including legalization of marijuana use and cultivation on private property, a universal health care plan, an individual education accounts for children proposal, two tax measures, and two part-time legislature plans.

COLORADO: 82 measures (updated 97) were filed for the 07-08 cycle, but only five are currently circulating. Signatures on the Ward Connerly measure were turned in last month. Among the few circulating are: a payroll deduction measure, restrictions on campaign contributions by government contractors, and judicial term limits. Under the category of comedy, initiatives to impeach former President Clinton are making their way through the process. Can you impeach a former president?

FLORIDA: 52 measures remain officially active, but signature gatherers say the street is dry in Florida. There likely will be only two measures on the November ballot -- one that would give the legislature power to regulate the land ownership of undocumented immigrants, and another prohibiting gay marriage.

ALASKA: In the only state where the lieutenant governor is in charge of initiatives, it's already late in the signature gathering season. (Alaskans favor summer elections--the next is in August -- because it's dark half the year). Here's a list of measures; the viables ones -- clean water, clean government, public finance -- have already submitted petitions. Readers of this blog know all about the measure to stop wolves from being shot from the air.

MAINE: 10 measures have been circulating (here's the list), though a newspaper editor there tells me that only a handful are on the street. One measure would allow a casino in Oxford County, another would make the real estate Multiple Listing Service a public document.

IDAHO: Yes, they've got wolves, and an initiative that calls for their removal. It's one of three initiatives circulating. The others would make it easier to sue judges and others for their official duties, and would ban the building of new coal-fired and nuclear plants.

MONTANA: Three measures are out there. One is a property tax limitation, a constitutional amendment Another is a "personhood" measure, a constituional amendment -- and part of a new class of anti-abortion, anti-stem cell measures that seeks to define anything from a fertilized embryo on up as a human being. The third is an initiative statute to ease eligibility for a children's health insurance program.

NORTH DAKOTA: Six measures are pending, though the measures regulating hunting and school superintendents (wild game of another kind) seem to be the ones headed to the ballot.

SOUTH DAKOTA: Only one measure, a referendum of legislation relating to the eminent domain powers of railroads, is still circulating. Six measures -- almost all having to do with political reform -- already have made the 2008 ballot.

OHIO: Has a casino measure circulating, according to gatherers. Ballotpedia also lists a sick leave measure in circulation. The Ohio Ballot Board lists four measures that it has considered.

NEBRASKA: There have been four filings: the Connerly affirmative action ban, two measures that involve municipal annexations, and a telecom initiative.

QUIET ON THE STREETS (as far as I can determine) in New Mexico (which has the referendum but not the initiative), Illinois, Massachusetts (where the deadline was last November for submitting signatures on initiatives in the two-part process that gives the legislature a chance to weigh in first), Mississippi, Utah (where 2007 was the big referendum year), Wyoming (where the filing deadline came and went in February), and Oklahoma (where signatures on the anti-affirmative action initiative were turned in late last year).

Utah Won't Let Voters Decide Land Use Questions

Joe Mathews — Tue, 18 Mar 2008 13:04:00 -0400

In its first week, this blog has focused on the soaring number of land use questions that end up on the ballot as initiatives in local elections. California has been the center of this trend, but other Western states are experiencing the same thing.

Utah legislators have decided to slow down the train. They've passed a bill, now signed into law by the governor, that would make it all but impossible to submit initiatives or referneda on land use questions to local voters. The governor has signed it. And the Salt Lake Tribune is angry about it. This won't be the last you hear about this law. Look for court challenges -- and for the national property rights movement and direct democracy advocates to make a cause of reversing this.