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Signature removal
Another way to hobble initiatives
March 5, 2010 (Tribune Editorial)Gov. Gary Herbert could not use his veto pen in a better cause than striking down SB275, which makes it easier for signers of initiative petitions to withdraw their signatures if they change their minds. In principle, there’s nothing wrong with the bill. But the Legislature has gamed its effective date to make it easier for opponents of the Utahns for Ethical Government initiative to defeat it. Not by coincidence, those opponents include most members of the Legislature.
The state constitution reserves to the people the right to make laws through initiative petitions that place proposed laws on the general election ballot. That power is equal to the Legislature’s power to make laws. But the constitution allows the Legislature to set the procedural ground rules for how initiative petitions are circulated and how many signatures must be gathered. The Legislature has wielded this power repeatedly in recent years to hamstring the people’s initiative power with rules that are difficult to follow. SB275, sponsored by Sen. Howard Stephenson, R-Draper, is the latest in this line of procedural hurdles.
SB275 would repeal a requirement in current law that a voter submit a notarized statement to a county clerk to have her signature removed from a petition. Instead, the voter could simply sign a statement requesting removal and including the name, address, last four digits of the voter’s Social Security number, a driver license or identity card number and the voter’s signature.
For a petition to qualify for the ballot, it must include a number of signatures equal to 10 percent of the vote cast for governor in the previous general election. That number is now 95,000. In addition, that 10 percent requirement must be met in 26 of the state’s 29 Senate districts.
Petitioners must submit signature packets to county clerks by April 15. By May 15, the clerks must verify that each signature belongs to a registered voter. That gives initiative opponents from April 15 to May 15 to identify qualified signers and convince them to withdraw their names. Republican Party leaders already have said that they may join such a campaign if the signature count on the ethics petition is close.
Meanwhile, SB275 provides that unless Gov. Herbert vetoes it, the bill will become effective immediately upon his signature, or April 1 at the latest. The bill passed by two-thirds majorities in both houses.
If legislators want to change the rules, they at least should have the grace to wait until after the current election cycle to do it.