Utah Municipal Attorneys Association Thursday, September 11, 2014 Lisa Watts Baskin, LLC Attorney at Law

Similar documents
The People s Power of Initiative and Referendum

June 5, TO: Mayor Ralph Becker Salt Lake City Council

Of the People, By the People, For the People

Matthew Miller, Bureau of Legislative Research

State Constitutional Developments in 2016

Initiative and Referendum Direct Democracy for State Residents

Should Politicians Choose Their Voters? League of Women Voters of MI Education Fund

Official Voter Information for General Election Statute Titles

Ballot Questions in Michigan. Selma Tucker and Ken Sikkema

Key Measures Alaska. Marijuana legalization: FAILED Arizona. Illegal immigrants: APPROVED California. Stem cell bond: APPROVED

Background Information on Redistricting

The Initiative Process in America An Overview of How It Works Around the Country 1

Redistricting in Michigan

NORTH CAROLINA GENERAL ASSEMBLY Legislative Services Office

Campaign Finance Options: Public Financing and Contribution Limits

Oregon. Score: 8.5. Restrictions on Oregon s Initiative & Referendum Rights. Oregon s Initiative & Referendum Rights

Democratic Convention *Saturday 1 March 2008 *Monday 25 August - Thursday 28 August District of Columbia Non-binding Primary

Utah Citizens Initiative Petition

Oklahoma. Score: 7.5. Restrictions on Oklahoma s Initiative & Referendum Rights. Oklahoma s Initiative & Referendum Rights

The Electoral College And

Is the F-Word Overused?

CITY OF SIMI VALLEY MEMORANDUM SUBJECT: REQUEST FOR DIRECTION REGARDING CITY COUNCIL TERM LIMITS

84 th Legislative Session: The Good, The Bad, The Ugly

Propositions & Consequences Ballot Initiatives and Civic Engagement

PERMISSIBILITY OF ELECTRONIC VOTING IN THE UNITED STATES. Member Electronic Vote/ . Alabama No No Yes No. Alaska No No No No

New Mexico D. Score: 3.5. New Mexico s Initiative & Referendum Rights. Restrictions on New Mexico s Initiative & Referendum Rights

The Evolution of US Electoral Methods. Michael E. DeGolyer Professor, Government & International Studies Hong Kong Baptist University

North Carolina s Initiative & Referendum Rights

2016 Voter Registration Deadlines by State

The remaining legislative bodies have guides that help determine bill assignments. Table shows the criteria used to refer bills.

2008 Changes to the Constitution of International Union UNITED STEELWORKERS

Initiative and Referendum for Alabama: Empower the People

530 East Montecito Street, Santa Barbara, CA

Congressional Redistricting Decisions, 2011

CITIZENS RESEARCH COUNCIL OF MICHIGAN IS A 501(C) 3) TAX EXEMPT ORGANIZATION

Participatory Governance

Chronology of Successful and Unsuccessful Merit Selection Ballot Measures

VOTING WHILE TRANS: PREPARING FOR THE NEW VOTER ID LAWS August 2012

Power of the People: Switzerland s Direct Democracy

PREVIEW 2018 PRO-EQUALITY AND ANTI-LGBTQ STATE AND LOCAL LEGISLATION

Race to the White House Drive to the 2016 Republican Nomination. Ron Nehring California Chairman, Ted Cruz for President

Affordable Care Act: A strategy for effective implementation

Allowing the Legislature to override a veto after sine die adjournment. State Affairs favorable, without amendment

How Utah Ranks. Utah Education Association Research Bulletin

Campaign Finance E-Filing Systems by State WHAT IS REQUIRED? WHO MUST E-FILE? Candidates (Annually, Monthly, Weekly, Daily).

South Dakota Constitution

Washington State s Initiative on Affirmative Action

STATUS OF 2002 REED ACT DISTRIBUTION BY STATE

A Bill Regular Session, 2019 HOUSE BILL 1875

POLITICAL CONTRIBUTIONS. OUT-OF- STATE DONORS. INITIATIVE STATUTE.

CLAY COUNTY HOME RULE CHARTER Interim Edition

2016 us election results

Notary Legislation Includes RULONA

Committee Consideration of Bills

Judicial Selection in the States

REDISTRICTING REDISTRICTING 50 STATE GUIDE TO 50 STATE GUIDE TO HOUSE SEATS SEATS SENATE SEATS SEATS WHO DRAWS THE DISTRICTS?

Campaigns & Elections November 6, 2017 Dr. Michael Sullivan. FEDERAL GOVERNMENT GOVT 2305 MoWe 5:30 6:50 MoWe 7 8:30

Rates of Compensation for Court-Appointed Counsel in Capital Cases at Trial A State-By-State Overview, 1999 November 1999

BALLOTWATCH E LECTION 2012 PREVIEW. Initiative & Referendum Institute No. 2 September. Overview. November: 176 propositions

Millions to the Polls

Notary Legislation Includes RULONA

28 USC 152. NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see

Session of SENATE BILL No. 49. By Senator Faust-Goudeau 1-20

Delegates: Understanding the numbers and the rules

Americans Want a Direct Say in Government: Survey Results in All 50 States on Initiative & Referendum

A Bill Regular Session, 2017 HOUSE BILL 1766

July 21, 2017 Rep. Gary Hebl, (608) REP. HEBL CIRCULATES CONSTITUTIONAL AMENDMENT TO GIVE WISCONSIN CITIZENS A DIRECT VOICE

7-45. Electronic Access to Legislative Documents. Legislative Documents

In the Margins Political Victory in the Context of Technology Error, Residual Votes, and Incident Reports in 2004

Women Get the Vote. Women Get the Vote. Associated Press. August 26, 1920

2017 ELECTION CHECKLIST

Class Actions and the Refund of Unconstitutional Taxes. Revenue Laws Study Committee Trina Griffin, Research Division April 2, 2008

Chapter 12: The Math of Democracy 12B,C: Voting Power and Apportionment - SOLUTIONS

at New York University School of Law A 50 state guide to redistricting

A Bill Regular Session, 2017 HOUSE BILL 1165

ASSOCIATES OF VIETNAM VETERANS OF AMERICA, INC. BYLAWS (A Nonprofit Corporation)

THE RULES OF THE REPUBLICAN PARTY 2012 REPUBLICAN NATIONAL CONVENTION

First day for May special district subsequent director election proclamation. W.S (c).

State Constitutional Developments in 2014

United States Report Card: Youth Justice Issues. UN Human Rights Committee Review One-Year Follow-Up. May 1, 2015

Soybean Promotion and Research: Amend the Order to Adjust Representation on the United Soybean Board

UCC Article 9 & Lien Related Legislation 2019 Includes Tax Lien, Judgment Lien, Real Estate Lien and Fraudulent Filing Bills

2015 ANNUAL OUTCOME GOAL PLAN (WITH FY 2014 OUTCOMES) Prepared in compliance with Government Performance and Results Act

TITLE 28 JUDICIARY AND JUDICIAL PROCEDURE

THE PROCESS TO RENEW A JUDGMENT SHOULD BEGIN 6-8 MONTHS PRIOR TO THE DEADLINE

2016 State Elections

GOVERNOR AG LEGISLATURE PUC DEQ

CIRCLE The Center for Information & Research on Civic Learning & Engagement. State Voter Registration and Election Day Laws

HAWAII: A law passed this year allows voters to share a digital image of one's own marked ballot.

SENATE CONCURRENT RESOLUTION

Do you consider FEIN's to be public or private information? Do you consider phone numbers to be private information?

Number of Bills Passed Per Issue

CONSTITUTION of the NATIONAL ORGANIZATION FOR THE PROFESSIONAL ADVANCEMENT OF BLACK CHEMISTS AND CHEMICAL ENGINEERS. (Adopted April 11, 1975)

Limitations on Contributions to Political Committees

HOUSE BILL NO. HB0040. Sponsored by: Joint Corporations, Elections & Political Subdivisions Interim Committee A BILL. for

PROPOSED AMENDMENTS TO A-ENGROSSED SENATE BILL 229

BALLOTWATCH E LECTION 2018 PREVIEW. Initiative & Referendum Institute No. 1 October. Overview. November: 158 propositions

New Voting Restrictions in America

Millions to the Polls

State Trial Courts with Incidental Appellate Jurisdiction, 2010

Transcription:

Utah Municipal Attorneys Association Thursday, September 11, 2014 Lisa Watts Baskin, LLC Attorney at Law lwbaskin@msn.com

English as the Official Language (2000) Radioactive Waste Restrictions Act (2002) Safe to Learn, Safe to Worship (2004) Utah Redistricting Standards Commission (2010) Single Rate Income Tax Repeal and Graduated Tax Rates Revision (2010) Utahns for Ethical Government (2010, 2012) IRI v. Walker

Almost every major city in the country has the local initiative process. Initiatives are used much more frequently than referenda. (Kaysville, Salt Lake City)

Initiative and Referendum Power Definitions History and Philosophy Usage Global, State and Local Utah Regulations and Restrictions Utah s Legislative Strategy Potential Issues for the Ballot Utah s Constitutional Amendments

Initiative: adopts new laws or amends existing laws. Direct: issue placed on ballot by people directly Indirect: issue submitted to legislature first Referendum: accepts or rejects laws passed by the legislative body.

Popular referendum: petitioners refer the matter to the people after a vote by the legislature (or law making body) or the people. Draper City (Petition to Repeal Traverse Ridge Special Service District FY 2014-15 Budget and Certified Tax Rate) Legislative referendum: elected representatives refer proposition to the people (bonds, constitutional amendments) Kaysville City (2010 bond rejection of police station)

Global Usage of the Initiative and Referendum Process 2013-2014 Switzerland -(Reuters) Nov. 24, 2013. Swiss voters rejected a proposal on Sunday to cap the salaries of top executives at 12 times that of a company's lowest wage. The so-called 1:12 initiative for fair pay, was brought about by the youth wing of the Social Democrats (JUSO); the proposal was that nobody should earn more in a month than others earn in a year. Crimea (BBC) March 16, 2014. Choice 1: Do you support the reunification of Crimea with Russia with all the rights of the federal subject of the Russian Federation? Choice 2: Do you support the restoration of the Constitution of the Republic of Crimea 1992 and the status of the Crimea as a part of Ukraine?

2014 State Initiatives 125 ballot initiatives in 41 states --Reid Wilson, Washington Post, Diane Rehm (NPR) Four (4) basic types: Government operation changes (school fund allocations or appointed or elected A.G.s). Get-out-the-vote measures in mid-term elections minimum wage (Arkansas and Alaska); medical marijuana (Florida); personhood (Colorado)). Special interest groups or corporations (genetically modified food (Oregon and Colorado), medical malpractice (California)). Grassroots issues (early voting (Mo.), redistricting (Utah 2010), party convention reform (Utah 2014)).

Initiative Success by Year

The United States shall guarantee to every State in this Union a Republican Form of Government.

24/50 states permit popular initiative. All 50 states have legislative referendum. Thomas Jefferson proposed legislative referendum for the 1775 Virginia State Constitution. Thomas Jefferson

I believe in the Initiative and Referendum, which should be used not to destroy representative government, but to correct it whenever it becomes misrepresentative. --Teddy Roosevelt

The Progressive Era Populist Party of 1890 s *Women s Suffrage *Secret ballots *Direct election of U.S. Senators *Primary elections *Initiative and Referendum

Initiative Power: Its History Between 1898 and 1918, 24 states adopted initiative or popular referendum powers. Southern and eastern states did not adopt these powers. Utah (1900) (2 nd in nation) Alaska (1959) Florida (1972) Mississippi (1992)

Modern Initiative day and attempts to reform referendum the process reform is even more prevalent. From is prevalent now. 1998 to 2000, nine states Arizona, In 1998 to 2000, nine Idaho, (9) Mississippi, states Arizona, Missouri, Idaho, Mississippi, Montana, Oklahoma, Missouri, Utah Montana, and Wyoming have Oklahoma, Utah and tightened Wyoming all procedural restrictions tightened procedural on initiatives. restrictions on initiatives.

: Pulse Opinion Research Poll Results: July 31, 2010 Americans in every state want a direct say in their government. By whopping super-majorities the voters support initiative and referendum, but only roughly half the states have the process available to them. --- Paul Jacob, Citizens in Charge. Utah Favor Oppose Not Sure 17% 13% 70%

Utah State Constitution (Nov. 6, 1900) Article VI, Section 1. [Power vested in Senate, House, and People.] (1) The Legislative power of the State shall be vested in: (a) a Senate and House... ; and (b) the people....

(2) (a)(i) The legal voters of the State of Utah, in the numbers, under the conditions, in the manner, and within the time provided by statute, may: (A) initiate any desired legislation... ; or (B) require any law passed by the Legislature, except those laws passed by a two-thirds vote... to be submitted to the voters.... (ii) Notwithstanding Subsection (2)(a)(i)(A), legislation initiated to allow, limit, or prohibit the taking of wildlife or the season for or method of taking wildlife shall be adopted upon approval of two-thirds of those voting. (January 1, 2001) (b) The legal voters of any county, city, or town....

The reserved right and power of initiative is a fundamental right under Article VI, Section 1 of the Utah Constitution. Gallivan w. Walker, 54 P.3d 1069 (Utah 2002)

Because the people s right to directly legislate through initiative and referenda is sacrosanct and a fundamental right, Utah courts must defend it against encroachment and maintain it inviolate. Gallivan w. Walker, 54 P.3d 1069 (Utah 2002)

Jurisprudence in Utah Nothing in the text or structure of article VI suggests any difference between the power vested simultaneously in the Legislature and the people. The initiative power of the people is thus parallel and coextensive with the power of the legislature. Carter v. Lehi City, 269 P.3d 141, 148 (Utah 2012)

In reaction to the Utah Supreme Court decision (Gallivan), the legislature enacted new, burdensome regulations in the 2003 General Session, S.B. 28. These remain the law today.

2003 Response One-year requirement Senate district requirement Public meetings requirement Same or similar ban Signature removal provisions

Utah statutes regulate local initiative and referendum petitions as drafted: 20A-7-501 et seq. (initiative) 20A-7-601 et seq. (referendum) to contain only one subject; to clearly express the subject in its title; and changes deadline for submittal to local clerks.

One subject rule Law clearly expressed in title Rebuttable presumptions (ballot title) Legal sufficiency reviewed twice Wildlife initiatives 2/3 vote Referendum? 10 percent of voters in 15 counties

Count My Vote Initiative 2014

I think we need to be very sensitive to the people s voice, Governor Herbert said. That initiative-petition process, which is a pretty tall mountain to climb in Utah, needs to be respected. Whether you like the initiative petition or not, the process needs to be respected and allowed to work its way through the system to see what people say. Again, if we don t do that, the people will be very upset with all of us. The Salt Lake Tribune, February 20, 2014

Gaming the System Former Utah Governor Mike Leavitt, one of the organizers of Count My Vote, characterized Sen. Bramble s bill [S.B.54] as a clever attempt to deprive voters of their constitutional right to the initiative process, and preempt the outcome. Herbert said, if S.B. 54 passes, he may veto it if it is deemed to be gaming the system. The Salt Lake Tribune, February 20, 2014

H.B. 238 (2014) Local Referendum Requirements Amendments When a law passed by a local legislative body imposes a tax or other payment obligation on property in an area that does not include all precincts and subprecincts under the jurisdiction of the county, city, or town, the signatures required for a referendum, and the subsequent vote on the referendum, shall be by residents of the precincts and subprecincts to which the tax or other payment obligation applies.

2014 Statutory Changes to Local Referendum Powers Local clerks musts provide materials, approve petition form, declare sufficiency or insufficiency of signature thresholds, ensure measure appears on ballot. Local attorneys write the ballot title, which has different standards when challenged. Both actions are subject to direct Utah Supreme Court review. Special provisions to govern challenge to local tax law. Issues: appointed recorder/clerk, inconsistent provisions.

Initiative Adoption Rate 41 percent

Potential Ballot Issues Land use regulations Immigration Firearms regulations (background checks) Medical marijuana Gay marriage Employment (wage fairness, wage discrepancy) Primary elections (top two) Local taxes Opinion questions (SLC Ord. 2.69.010)

You measure a democracy by the freedom it gives its dissidents, not the freedom it gives its assimilated conformists. --Abbie Hoffman

Why Care Anyway? The ideas we cherish, our fondest dreams and fervent hopes may not be realised in our lifetime. But that is besides the point. The knowledge that in your day you did your duty, and lived up to the expectations of your fellow men is in itself a rewarding experience and magnificent achievement. Nelson Mandela, Conversations with Myself April 1, 1985