Posted on 09/19/2005 11:52:49 AM PDT by CATravelAgent
Gov. Arnold Schwarzenegger vetoed a bill by Assemblyman Joe Nation yesterday that would have required people who are paid for gathering initiative signatures to wear a badge. "I am dismayed the governor decided to veto a voter-oriented, good government piece of legislation," said Nation, D-San Rafael. "However, I understand this bill would have adversely affected his govern-by-initiative approach by forcing paid signature gatherers to reveal their true identity to voters."
Schwarzenegger has called for a special election in November and is backing three initiatives that will be on the ballot. Proposition 74 would increase the time required before a teacher may become a permanent employee from two to five years. Proposition 76 would limit state spending and give the governor new powers to remove items from the budget. Proposition 77 would require a panel of three retired judges to redraw the state's legislative districts.
Proponents of these three initiatives paid nearly $2.8 million to gather the signatures necessary to get them on the ballot, according to the California Secretary of State's Office,
In a press release accompanying his veto, Schwarzenegger said Nation's bill is unnecessary. An existing law requires every ballot initiative to contain a statement notifying voters of their right to ask whether the petition is being circulated by a paid signature gatherer or a volunteer.
Schwarzenegger noted that former Gov. Gray Davis used the same rationale to veto a similar bill in 2001. AB 725 would have required an initiative to explicitly state whether it is being circulated by someone who is being paid or a volunteer.
The governor's press office declined any additional comment.
"Certainly, you can ask someone if they're a paid signature gatherer," Nation said, "but it makes it so much easier if they simply have a badge. We need to be as up-front with people as we can about who exactly is paying for these initiatives and who is paying for the signature gathering."
Prior to a U.S. Supreme Court decision in 1988, a number of states prohibited the used of paid signature gathers. The banning of paid signature gatherers, which began in 1913, was seen as a way to stop wealthy individuals or groups from buying their way onto the ballot, Nation said.
The tide turned, however, when the Supreme Court invalidated Colorado's ban in the Meyer v. Grant decision in 1988. The court ruled that the ban violated the First Amendment's guarantee of free speech.
In 1999, the Supreme Court invalidated Colorado's requirement that paid petition circulators wear a badge identifying themselves and indicating that they are paid circulators.
The decision ruled that badges containing personal name identification could not be required.
It was silent, however, on badges indicating the paid or volunteer status of the volunteer.
Nation has also introduced a constitutional amendment aimed at reforming the initiative process.
The amendment would require that initiatives certified for the ballot be introduced in the Legislature as a bill or constitutional amendment at least 124 days prior to the election.
"Too often, the initiative process has been used to address critical and often technical issues that should be addressed by the Legislature," Nation said.
Nation's amendment would allow the Legislature to hold public hearings to consider the enactment or modification of the initiative.
If the proponents of the initiative were dissatisfied with the outcome of the process, the initiative would then be placed on the ballot.
The amendment, ACA 18, is being considered by the full Assembly.
I read in another paper a quote from him (paraphrased) "The people have to decide if they want a government by initiative or a representative government"
This guy is dangerous - far left socialist (vegan school lunches etc.) and he wants to go after Lynn Woolsey's Congressional seat. Me thinks he is starting to make Woolsey look middle of the road.
I wonder what Mr. Nation would think if we required all petition gatherers and poll workers to wear badges that indicated whether or not they were, say, CONVICTED CRIMINALS?
Oops...that would handicap the Leftists, now wouldn't it?
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Prop 75 too
(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
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