On March 29, U.S. District Court Judge Philip A. Brimmer struck down Colorado’s law making it illegal for petitioners to be paid on a per-signature basis. The 47-page decision is probably the most detailed court opinion ever about professional petitioners. Page five of the opinion summarizes trial testimony about why professional petitioners are needed, to handle severe petition requirements: (1) they are able to gather a large number of signatures in a short period of time; (2) they do not require training because they are familiar with the laws of various states, and (3) they are easy to locate. The case is The Independence Institute v Gessler, 1:10cv-609.
The decision discusses the evidence that professional petitioners generally won’t work in states that ban paying on a per-signature basis. Page 37 says, “The effect of 1-40-112(4) will be the exclusion from the initiative process of those who, through experience and self-selection, are the most efficient and effective circulators.” The decision also rebuts the canard that professionals are more likely to commit fraud.
Could this decision be used as a basis for lawsuits in other states, on this type of law?
Yes.
Again – for the innocent and UN-aware on this list –
A-L-L of the minority rule gerrymander regimes are ANTI-Democracy — U.S.A., State and local — producing ANTI-Democracy laws like the per signature stuff.
1/2 votes x 1/2 gerrymander areas = 1/4 control.
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P.R. and nonpartisan App.V.
All right!!! Victory for our side!
I don’t think that this pay per hour thing was ever actually utilized in Colorado, because there was an injunction against it, but now the danger of the injunction being lifted is over because it was thrown out. Good riddance.
Will SCOTUS get the case due to the circuit conflict stuff shown in the opinion ???
I don’t believe this pay-per-hour item was ever used in Colorado since there was an injunction against it, but the threat of the injunction being removed is gone now that it was thrown out. Goodbye, sir. dinosaur game
Lisa are you hot?