Citizens in Charge

There is great news out of Utah this afternoon. The Utah Supreme Court ruled in favor of citizen petition rights:

The Utah Supreme Court ruled Tuesday that state election officials must accept online petition signatures to qualify individuals for the ballot.

“A signature under (Utah law) does not require a signor to physically handle a piece of paper and sign her name with a pen,” justices said in a 15-page ruling issued as voters went to the polls for primary elections. “An electronic signature is sufficient to satisfy the election code.”

In March, Utah Lt. Gov. Greg Bell rejected a nominating petition from Farley Anderson, an independent gubernatorial candidate, saying state law did not allow for e-signatures. Anderson had included more than 150 e-signatures on his petition.

In its ruling, the court said the decision “exceeded the bounds of discretion” afforded Bell’s office. The ruling orders signatures submitted by Anderson be recounted to determine whether he qualifies for the November ballot.

“This is a win for everyone in our state,” Anderson said. “We’re setting a precedent for the entire nation to follow.”

This was a first-of-its-kind ruling and could affect elections around the country.

The framework laid down by this ruling will fundamentally change for the better the way citizens can petition their government.

In California lower court judges have ruled against e-signatures for ballot initiatives, but so far the state supreme court has not weighed in.

Regardless of any rulings in California this is a big win for an open & accessible petition process for the citizens of Utah, and eventually, no doubt the citizens of other initiative states. Will the California Supreme Court want to take a backseat to Utah on initiative rights?