Montana bans out-of-state circulators from working on initiative petitions, and also bans paying circulators on a per-signature basis. Both laws are being challenged in U.S. District Court. Here is the latest brief filed by the plaintiffs in Pierce v Stapleton, 6:18cv-63.
Each State continues to be a sovereign NATION-State.
Internal politics – others – NOYB.
Courts continue to be brain dead about BASIC stuff.
1 Amdt history – See book.
Sources of Our Liberties 1959
BUT — WHAT 14-5 laws enforcing 14-1 ??? — regarding —
bans out-of-state circulators working on initiative petitions, and
bans paying circulators on a per-signature basis ???
See olde USA 1866 Civil Rights Act.
I see no valid justification for banning out of state circulators. I can kinda sort see the concern with paying people to circulate petitions. Although, I am doubtful that either rule would pass First Amendment review (if my opinion counted for anything)
The 1st Amendment says the people shall have the right to peaceably assemble and to petition their government for a redress of grievances.
Why do you have to have a professional circulator?
paid petitioning might be more effective. I dont know for certain, but when you have a limited window to petition onto the ballot, i can see the appeal.
Most people have little to no time to gather petition signatures, and a lot of people are not good at it, hence the need for paid signature gatherers.
4.25 x 5.5 inch paper sig forms for ALL offices and issues —
— pending 100.000000 safe internet sigs.
Andy
I think that the concern is that paid-per-signature circulators might be tempted to makeup signers.
There is lots of evidence in this case that validity is higher with professionals who are paid by the signature, than professionals who are paid by the hour. When states permit any method of payment, that attracts the best petitioners. The most talented petitioners aren’t interested in working per hour.
Richard
Really? Interesting. It would seem that the temptation doesnt really exist?
makeup signers = MAJOR FELONY — easily detected from voter registration records.
Semi-automatic Elector sig records now in many States – ie can check ALL sigs somewhat quickly.
Also many States – sig records are juror lists
Another MAJOR felony – impersonate potential juror.
Election stuff AIN’T some sort of game by pre-skooool felon morons.
If the people have peaceably assembled, what is so difficult about getting them to sign a petition?
I tried to do a ballot access thing in Minnesota. I wanted to see just how hard or easy it was for myself.
I had two weeks in the summer to get something like 2,000 signatures.
The district was very rural, summer folk didnt want to be pestered and generally walked away with the impression that the process was rigged.