Citizens in Charge

Over the past few weeks we have been telling you about two Utah bills aimed at weakening the initiative petitioning rights of Utahans, and unfortunately Gov. Gary Herbert has decided to put his rubber stamp on both bills. I say “rubber stamp” because while the governor’s website shows that he issued specific statements as to why he took action on some bills, he apparently felt no need to tell Utah citizens why he and the legislature want to subject them to harassment or deny them the chance to vote on an initiative.

Both bills - SB 275 and HB 112 - were opposed by a number of citizens and activist groups, including the Foundation’s partner organization Citizens in Charge.

SB 275 extends the period of time during which a voter can remove their signature from a petition by written request. Previously, voters had until petitions were turned in to the Lt. Governor, no later than April 15, to revoke their signature if they change their mind about a petition. This process allowed voters protection in cases where they feel they have signed something they do not support. The new law allows voters to remove their signature for 30 days after petition supporters have to turn in signatures to the state - up until May 15. Not only does this give an unfair advantage to opponents of a petition, but it will subject voters to harassment. Because the names of petition signers are made public in Utah, opponents of a petition will have a full month to harass those voters into removing their signatures. Opponents of at least one petition have already expressed their intention to do just that. (Protecting voters from harassment after they sign a petition is the reason the Foundation has asked the U.S. Supreme Court to rule in favor of signature privacy.)

HB 112 removes any time constraints on the state supreme court to make a decision on challenges to the ballot title and fiscal note of an initiative. This will effectively allow the court to “pocket veto” an initiative by delaying their ruling on a matter until after the election has occurred, robbing the initiatives supporters of their effort and the voters of their right to make their voices heard ad the ballot box.

SB 275 was passed and signed days before HB 112, and one need not stretch their imagination very far to think that HB 112 was put in place to ensure any challenges to SB 275 could be held up by the state supreme court to prevent voters from being able to vote on initiatives that are unpopular with state political leaders.