Shredding the Constitution Declared Emergency in Maine: State Rep"s anti-initiative legislation is facially unconstitutional


Citizens in Charge Foundation, a national ballot initiative rights group, in an open letter called on Maine State Representative Mark Bryant (D) to withdraw his recently introduced "emergency" legislation, LD 28, which would unconstitutionally restrict citizen participation in ballot initiatives in the state.


TAKE CHARGE. Read the open letter below and take charge by contacting the Maine Legislature, information can be found below.


An Open Letter to Representative Mark Bryant: Stop the Unconstitutional Assault on Citizen Rights

January 16, 2009


Dear Representative Bryant:


On behalf of the citizens of Maine, who highly value their First Amendment rights to petition their government, I write to urge you to immediately withdraw your emergency act titled, "An Act to Promote the Integrity of Citizens' Initiatives" (HP0023, LD 28).


First, emergency legislation should be reserved for real emergencies – natural disasters, economic catastrophes and serious injustices that must be swiftly addressed come to mind. To suggest that the ability of Mainers to place initiatives or people's vetoes on the ballot for consideration by their fellow voters constitutes some sort of an emergency demanding an extraordinary response from legislators seems, well, preposterous.

More importantly, your emergency legislation requiring petition gathers to be registered voters in the state is, on its face, an unconstitutional violation of the First Amendment rights of Maine citizens. Mainers should be able to work with other Mainers to advance their political beliefs without an arbitrary restriction that they all be registered to vote. Not only does our organization believe this, but the highest legal authority in the land, the U.S. Supreme Court, has already so ruled.


In Buckley v. ACLF (1999) the High Court held that a Colorado law requiring petition circulators to be registered voters "Beyond question…drastically reduces the number of persons, both volunteer and paid, available to circulate petitions." The Court went on to say "that requirement produces a speech diminution."


As an elected representative of the people of Maine, I hope that with this new information you will act in the people's best interest in promoting and protecting Maine's First Amendment rights of citizens and the ballot initiative process.


Thank you for your time and consideration. I hope you will expeditiously address this issue by withdrawing your legislation.


Sincerely,


Paul Jacob

President, Citizens in Charge Foundation


CC: Maine Legislature




Take Charge! Contact the Maine Legislature and make sure Rep. Bryant and the Maine Legislature immediately withdraw emergency legislation LD 28.


Contact information:


Mark E. Bryant(D-Windham), District 110

State House Message Phone:(800) 423-2900

Personal E-Mail: RepMarkBryant@yahoo.com

State House E-Mail: RepMark.Bryant@legislature.maine.gov

Website: www.maine.gov/legis/housedems/mbryant


Main House Leadership:


Representative John F. Piotti - Majority Leader District 45

Business Telephone: (207) 338-6575

State House Message Phone: (800) 423-2900

State House E-Mail: RepJohn.Piotti@legislature.maine.gov

Legislative Web Site: www.maine.gov/legis/housedems/jpiotti


Representative Seth A. Berry - House Majority Whip District 67

State House Message Phone: (800) 423-2900

Personal E-Mail: seth@sethberry.org

Web Site: Sethberry.org

Legislative Web Site: www.maine.gov/legis/housedems/sberry


The entire Maine Legislature: house.maine.gov.