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Thursday, March 4th, 2010 at 10:00am

Bills to Watch: SB 275 – Removing Signature From Initiative and Referendum Petition, H. Stephenson

Posted by Curtis Haring

Do you want proof that the legislature hates to be challenged? Want proof that the powers that be don’t like to hear the people speak up? Wonder if they like to throw their weight around and get upset when they don’t get their way? Well I would like to direct you to SB 275 – Removing Signature From Initiative and Referendum Petition as proposed by Senator Howard Stephenson (R – Draper, District 11).

Now, sadly, SB 275 has already passed, so this “bill to watch” is a bit of a moot point. I write only to draw your attention to this matter and to the dirty tactics Senator Stephenson is willing to stoop to when he feels threatened. Furthermore, I would like to point out that my good friend, Carl Wimmer, sponsored the bill in the House…so this bill is a double whammy. Finally, there was a part of me that felt that, as Director of Operations for Fair Boundaries, I could, theoretically threaten our organization by writing about this bill before it went through the system. Well, now, the only thing standing between a truly unfair law and justice is an unlikely veto from the governor.

What is the problem, you may ask? Well SB 275 makes it easier for people to remove their signature from a petition after signing if and when they gain more information and no longer wish to support the cause…and if the bill stopped there, I would support it completely – but the bill takes it one step further.

You see, petitioners can remove their signatures even after petitions have been submitted to clerks many weeks after the submission.

Aye, and there is the rub. You see, when you submit petitions, your name becomes public and people opposed to a particular petition now have a few extra weeks to put specific pressure on specific list of people in an attempt to have names removed from the list of supporters; meanwhile groups supporting the petition do not have the opportunity to collect signatures – opponents have a marked advantage in making sure that petitions are not successful. The debate should take place during the campaign, and neither side should be given an advantage in the court of public opinion.

Think about it. Is it fair to the 95,000 people who signed a petition thinking they were improving their democracy only to be told it failed because one person changed their mind after the campaign was over? To put it more broadly, is it fair to the winning team to allow the looser to keep playing for an extra five minutes after a game is officially over?

It should also be noted that these rules would take effect the moment the governor signs the bill…meaning that the petitions currently circulating would be subject to this rule – the legislature is changing the rules mid-game because they can, much like a petulant five year old that is not getting its way.

A final thought. Supporters of this bill claim that this bill was fair because signers may not know what the petition says, so it adds a level of fairness to signing a petition.  This is, perhaps, the most offensive argument possible. It says two things 1) groups, such as Fair Boundaries, are somehow concealing what we want they do – I would dare argue that these groups are far more open about the ramifications of our proposed legislation as opposed to, say, this bill. 2) Arguments such as this imply that your opinion is only valid if you know the issue inside and out.  By this logic, there should be tests to see if you are competent to vote in the first place. Perhaps we should have literacy or civics tests at the polls and tell people that their vote does not count if they fail any number of tests.

Talk to any legislator and ask them if they read the 1,000+ bills that move through the legislature over the 45 day session and ask them if they vote only on the ones they know well.

Shame on you Senator Stephenson for directly attacking our democracy and flaunting how much you hate the will of the people. Furthermore, Representative Wimmer, once again, proves that he does not care about the Constitution, only about maintaining power.

Finally, please contact Governor Herbert and tell him that the playing field needs to be level – this bill is despicable.

Click here to contact Governor Herbert.

Click here to contact Senator Stephenson.


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One Response to “Bills to Watch: SB 275 – Removing Signature From Initiative and Referendum Petition, H. Stephenson”

  1. [...] may recall me writing about SB 275 a month ago. In summary, the bill allows petition signers to remove their name from a petition up to one month [...]

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