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2/9/10
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Legislators debate bills on petitions Sponsor says citizen initiative changes would help stem fraud
AUGUSTA, Maine — Lawmakers heard conflicting testimony Monday about whether proposals to change Maine’s citizen initiative process would discourage fraud by signature gatherers or gut the 100-year-old law intended to empower voters.
Lingering tensions over the coming ballot question on tax reform and last fall’s referendum on gay marriage were readily apparent Monday as the Legislature’s Legal and Veterans Affairs Committee heard testimony on three referendum-related bills.
Rep. Seth Berry, D-Bowdoinham, has introduced legislation that would allow people to remove their names from a petition if they later feel signature gatherers misled them about the purpose of the proposed ballot initiative.
The bill, LD 1690, also would require registration of firms paid to gather signatures and would better enable challengers of the ballot drive to inspect the signatures for possible fraud.
Berry, who is House majority whip, has accused opponents of a tax restructuring bill of flagrantly misrepresenting the tax law as they gathered the 55,000-plus signatures needed to get the issue on the ballot. Berry said his referendum bill also is needed to counter potential fraud by the increasing number of paid signature gatherers “who are seeking not a good policy but a quick buck.”
“The purpose of this bill, which is coming from someone who has been involved on both sides of the citizen initiative process, is to help Maine citizens trust once again in the integrity” of the referendum process, Berry said.
But critics of the tax restructuring law said it was Berry and several other prominent Democrats who violated the spirit of democracy.
Sen. David Trahan, a Waldoboro Republican and past leader of the group Still Fed Up With Taxes, accused Berry of physically getting in between signature gatherers and potential petition signers.
Trahan said signature gatherers were videotaped, followed and harassed by supporters of the tax reform law, which would lower the income tax rate while broadening the sales tax and raising the meal and lodging tax.
Trahan described the opening words of the bill’s title — “An Act to Prevent Predatory Signature Gathering” — as an affront to the hardworking volunteers who helped get the issue on the ballot.
“LD 1690 is offensive from the beginning to the very last paragraph,” Trahan said. “The offensiveness is only aggravated for those who participated in the signature gathering and were harassed by the sponsor.”
Last year, the Ballot Initiatives Strategy Center in Washington, D.C., gave Maine a grade of D for its system to prevent or detect fraud in the ballot process. Only two out of the 24 states surveyed received anything higher than a D.
Joel Foster, program director for the center, said the emergence of large, for-profit businesses that travel around the nation gathering petition signatures has opened the door for fraud. While Maine may not have serious problems, it needs to strengthen its laws now before fraud becomes widespread, he told lawmakers.
Foster called Berry’s bill “an important step in giving the ballot initiative process ... back to the citizens.”
In one documented instance of attempted fraud in the tax reform issue, the deputy town clerk in Greene discovered that all 29 signatures submitted by one gatherer had been falsified.
Sen. John Nutting, a Leeds Democrat who also has introduced a bill to increase the fine for fraudulent signatures, said the case has been passed along to the Attorney General’s Office for possible prosecution.
Critics pointed out that Maine already has laws criminalizing the falsification of petition signatures. Several years ago, a midcoast woman was sentenced to 45 days in jail for falsifying 300 signatures tied to a tribal casino referendum.
Dan Billings, a Waterville-based attorney, said there is nothing in any of the bills to prohibit someone from lying in order to gain signatures. The only solution to that, Billings said, is for the other side to counter with its own public relations campaign.
“I don’t think what is in this bill in any way addresses the problems we are hearing about today,” Billings said.
Bob Emrich, who was one of the leaders of last fall’s successful campaign to repeal Maine’s same-sex marriage law, cautioned lawmakers against villainizing signature gatherers, paid or unpaid.
And Tarren Bragdon, CEO of the Maine Heritage Policy Center, which has been involved in several tax-related referendums, said he believes the bills aim to make the citizen initiative process more difficult and more costly.
Like other opponents, Bragdon saw politics behind the bills. He accused supporters of attempting “to pull up the drawbridge” on the citizen initiative process because they were displeased with recent referendum efforts.
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Recent comments
ignorance and ignorants live strong in MAINE. Cause we don't live in the same trailer park we're different.
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"Bragdon saw politics behind the bills. He accused supporters of attempting “to pull up the drawbridge” on the citizen initiative process because they were displeased with recent referendum efforts."
That sums it up nicely.
Since Democrats have a lock on Augusta, they own the legislation. Hence, the referendum process is a threat to Democrat laws and policies.
It's a No Brainah'!
All of these suggestions are just common sense. We elect representatives to be our voice and should let them do their work. In a time when politicians are sometimes not highly trusted by some to do this work, I still believe that the balance of power needs to remain in order to maintain a true democratic principles. While citizen initiatives are often well-intentioned, they lack the debate and close scrutiny of the legislative process. Of late, citizens initiatives have been based on emotions without a look at cost, implementation, long-term effects or constitutionality -- the work that lawmakers are denied without the legislative process. I wouldn't mind if citizen initiatives went away until the mess they make is cleaned up. And no, I'm not a democrat, in case you were wondering. But what difference does party make? Common sense and intelligence must prevail or our democracy will cease to exist.
Citizens initiatives allow the voters a means to over ride laws made within the legislature that fall wrongly on the public as a whole's will. Until all legislators represent the people of their districts more then their own opinion, this process must stay in place. Unfortunately the chance of that happening is slim to none as once in Augusta the politics of the process often over rides common sense and the people have the right to step in and say " Hold that thought it is not of the people". Petition circulators have laws that are to follow or pay the price, just as legislators do...unfortunately in both you have those who follow their own preference and represent things in that prospective. But then you have those who are honest and do what is to be done. This is old as time...the reason this is being brought forth is those who can not accept the defeat of their own agendas being defeated by the people. They just keep looking for their own way to undermine the people and get their way....be careful not to be decieved by wolves in sheeps clothing!
These referendums are the tools of the fringes of society. Tax nut groups, sexual orientation groups, and gambling parlors seem to take up all the referendum paper. These are not your average resident's interest. We are forced to listen to misrepresentation and drivel on these same issues every year. It costs the state a huge amount of money to run these dummy shows; we elected people to enact laws and they should do it or be voted out. I'm in favor of a new law that outlaws referendums.
This is another example of the Extreme Far Lefties working to take away our current rights and freedoms with their pro-socialism agenda. Wakeup folks and take action before it's too late! We The People have a right to this People's Veto process, but the liberals just want more power and money for themselves. If it becomes necessary, are you prepared for a revolution?
bdnreader22
Native1710
Your national flag must be white, mine however along with a lot of other Americans is still red,white and blue and this Government is supposed to be
OF THE PEOPLE, BUY THE PEOPLE,FOR THE PEOPLE
It is a sad day when Maine citizens are comfortable surrendering their rights to a few elected officials with their own agendas in Augusta and probably Washington.
Greg T hit it on the head. They are all scared after the last few fed elections and are making attempt to shore up their footing and block change by the residents of the state
I have to agree with bdnreader22 as he has accurately stated our government structure. We do elect officials to act in our best interests. This is a republic and not a democracy (where every single issue is voted upon my the majority of the people). In a republic, we rely upon our elected officials to do what is best for us even if that may not be the popular view at the time. These legislators, presumably elected for their intelligence and insight, are there to consider careful debate and make the best decisions for us.
I am not against the People's Veto, but perhaps some upgrades might be considered. How about having not a simple majority but a 2/3 majority of the popular vote overriding the Legislature? That would send a rather clear message to the Legislature instead of a split decision which is well within the "bitter pill" argument in my first paragraph. I also believe issues related to civil rights should not be part of the popular vote. Had civil rights been put to the popular vote in the South, there'd still be whites-only water fountains in Selma. The recent vote on Question 1 for marriage equality. It was a close vote (32,000 votes in an off-year ballot in a state of 1.3 million). That simple majority was hardly a "mandate of the people" on what was a civil rights issue.
The People's Veto has its place, but it should be used judiciously. Unfortunately, it is used too often and too emotionally. We elected these legislators. Let them do their jobs. If you don't like their work, then vote them out the next time around. That is the way we should be sending a message to Augusta.
Regulation of the petition signing process is unfortunately ncessary with too many abuses of an otherwise admirable process. This bill will hardly stifle or outlaw the legitimate process of petition signing and the Peoples Veto process overall. Critics must be worried that approval of some or more of their pet petitions were fraudulently obtained. So waht if only 2 states got a grade higher than "D". Maine deserves better.
This bill is being sponsored by democrats becuase they dont like the fact that citizens have the right to express theier views. The soda tax law, same-sex marriage, this tax bill, were all jammed down the voters throat and the voters used thier constiitutanial rights to petition and then have a state wide vote where all voters could decide.
The secretary of state has to certify those signatures on a petition and just like anything, you shouldnt sign anything unless you really know what you are signing. And if I signed a petition by mistake or felt misinformed, I can correct my mistake when it comes time to vote on the issue.