First Maryland Statewide Referendum in 20 Years Qualifies

On July 15, Maryland elections officials announced that a statewide referendum had qualified for the 2012 ballot. Maryland does not have the statewide initiative process, but it does have procedures for statewide referendums. Proponents need a petition signed by 3% of the registered voters.

The particular referendum that qualified asks the voters if they wish to repeal the “Dream Act”, which lets long-time residents of Maryland receive the in-state tuition rate even if they are illegal aliens. This is the first statewide referendum to qualify in Maryland in 20 years. Proponents make extensive use of the internet. No one could sign the petition electronically, but individuals could download the petition form and circulate it. Thirty percent of all the signatures on the petition were gathered that way.

Socialist Workers Party Submits 7,080 Signatures in Special New York U.S. House Race

On July 13, the Socialist Workers Party submitted 7,080 signatures to place its nominee for U.S. House on the ballot in New York’s special election set for September 13. No other group or independent candidate submitted a petition. The law requires 3,500 for independent candidates, or the nominees of unqualified parties, for U.S. House, and the law does not reduce this number when the petitioning period is short (as it almost always is, in special elections).

The SWP collected these signatures in only four days. The only other candidates on the ballot will be the Democrat and the Republican, unless the Green Party exercises its right to nominate someone without a petition (the Green Party is a qualified party in New York, so it has this option).

California Legislature Passes Bill Prohibition Per-Signature Payment for Initiatives

On July 14, the California Assembly passed SB 168, which prohibits paying people to circulate initiative, referendum and recall petitions on a per-signature basis. Similar laws in five other states have been declared unconstitutional. No Republican voted for the bill, and two Democrats voted against it. Now the bill goes to the Governor.

SB 205, a bill to outlaw paying voter registration workers on a per-registration basis, has a hearing in the Assembly Appropriations Committee on August 17.

California Badge Bill Amended to Exempt Volunteer Circulators

On July 14, a California bill to require that initiative, referendum and recall petitioners must wear buttons was amended. The bill originally required volunteers to wear a badge saying “volunteer circulator” but now the bill does not require volunteers to wear any badge. As amended, the bill still requires paid circulators to wear a badge saying “paid circulator.”

The bill was originally written to apply to all petitioners, because the U.S. Constitution protects the right of people to be paid to circulate petitions. The bill originally covered every circulator, because of the principle that people can’t be penalized for exercising constitutional rights. Now that the bill has been amended, it may be unconstitutional because it treats different types of petitioner differently.

U.S. District Court Enjoins Washington State Contribution Limit to Recall Campaigns

On July 15, a U.S. District Court in Washington state issued an injunction against a state law that says no one may contribute more than $800 to a recall campaign. The case is Farris v Seabrook, w.d., 11-5431. The case turned on the point that there is no evidence that the plaintiffs, who have been trying to recall the Pierce County Assessor-Treasurer, were tied to any particular potential candidate for that office. Thanks to Rick Hasen for the news.