Paul Jacob Identifies Hugely Disproportionate Possible Criminal Penalty for Petitioning Infraction

Paul Jacob here says he believes that the possible penalty awaiting Dr. Annette Bosworth is probably the most disproportionate penalty ever proposed against anyone for violating an election law relative to petitioning to get on a ballot. She left one of her blank petition sheets at her own office for visitors and patients to sign, because she was petitioning to get on the Republican primary ballot for U.S. Senate in South Dakota in 2014. UPDATE: here is the Report about the prosecution of Bosworth.

Because she later signed the bottom of the sheets as the circulator, even though she did not actually see those visitors sign her petition, she is being charged with multiple felonies which could theoretically result in 24 years in prison and fines of $48,000.

The concept that all signatures must be witnessed in not rational. Not all states require the circulator to sign petitions that they circulated. Election officials are free to validate petitions, even if they don’t know who, if anyone, witnessed the petition circulation process. All states except North Dakota have lists of registered voters, so a petition can be validated in 49 states by checking the signature on the petition against the signature on the voter registration form. State requirements that all signatures must be witnessed interfere with the ability of groups and individuals to leave petition sheets on bulletin boards and other places with a stream of potential signers passing by.


Comments

Paul Jacob Identifies Hugely Disproportionate Possible Criminal Penalty for Petitioning Infraction — 1 Comment

  1. Montana is another state where circulators must sign their petitions and certify they witnessed all signatures.

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