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Arizona Gov. Doug Ducey signs bill banning pay-per-signature for initiative petitions

  Arizona Governor Doug Ducey just signed House Bill 2404 or HB 2404 which will for all practical purpose make it impossible for private groups to get voter initiatives on the ballot.

The law makes it illegal to pay people for each signature collected. Instead, people will probably have to pay signature collectors by the hour.

Of course the people who wrote this law will still be allowed to pay people for each signature collected. It's just "We the People" who will no longer be allowed to pay signature collectors for each signature collected.

I don't know if this will prevent MPP or the Marijuana Policy Project from coming back and getting an initiative on the ballot to legalize marijuana in 2020, like they did in 2016. I suspect they have deep pockets and lots of money to spend.

And this law won't hurt volunteer groups like RAD (Relegalize All Drugs) and Safer Arizona from collecting signatures because both groups rely 100% on volunteers.


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Arizona Gov. Doug Ducey signs bill banning pay-per-signature for initiative petitions

Mary Jo Pitzl , The Republic | azcentral.com Published 6:49 p.m. MT March 23, 2017

Gov. Doug Ducey late Thursday signed into law a bill that will reshape how citizen-initiative campaigns are conducted in Arizona.

The measure, House Bill 2404, was promoted as a way to fight fraud in petition-signature gathering by banning the paying of circulators for each signature they collect. Instead, they would most likely earn an hourly wage.

Critics denounce it as an attempt to throttle the citizen-initiative process, arguing it will remove the incentive for circulators to gather the thousands of signatures needed to qualify a measure for the ballot.

"We live in a state where citizens have significant input into the policy-making process," Ducey said in a statement accompanying the announcement he had signed the bill. "That’s a good thing, and this tweak to the law helps ensure the integrity of ballot measures moving forward.”

The bill moved though the Legislature on a wave of Republican support and frequent protests from Democrats and activists. On Thursday, it won final House approval on a 34-22 vote that split along party lines. A day earlier, it cleared the Senate on a similar partisan vote, 17-13. The governor moved with unusual speed in signing the measure.

Meanwhile, two other Republican-sponsored proposals to restrict the initiative process appear to have hit a dead end in the Senate.

The Senate Judiciary Committee was scheduled to hear Yuma Rep. Don Shooter's House Concurrent Resolution 2029, which would have required every citizen initiative to have signatures from at least 10 percent of the voters in each state's 30 legislative districts to qualify. That would grow to 15 percent for a constitutional amendment.

It also was slated to hear House Concurrent Resolution 2002, Scottsdale Rep. Michelle Ugenti-Rita's annual effort to refer a repeal of the Voter Protection Act to the ballot.

But committee chairwoman Rep. Judy Burges, R-Sun City West, pulled the two items from the agenda. Senate President Steve Yarbrough, R-Chandler, said he didn't talk to her directly, but said there were "other ways" to convey hesitations about the two bills.

The measures would "struggle" to get through the Senate, Yarbrough said.

Chamber delighted

The ban on paying per signature was a priority for the Arizona Chamber of Commerce & Industry, which praised its passage.

“Hopefully, by shifting to a new payment structure, we will see less fraud and fewer invalid signatures.”

Garrick Taylor, Arizona Chamber of Commerce & Industry

“We are extremely gratified by the passage of this bill, which we believe will add greater rigor and integrity to the initiative process," said Garrick Taylor, the chamber's senior vice president of government relations. "Hopefully, by shifting to a new payment structure, we will see less fraud and fewer invalid signatures.”

Critics questioned how much fraud has bedeviled the initiative process, and argued HB 2404 will do little to end it.

What the legislation will end, said Rep. Ken Clark, D-Phoenix, is the ability of grassroots groups to launch a ballot measure. It will drive up the cost, he told House members, meaning only organizations with deep pockets like the chamber or unions will have the money to pay circulators, who presumably would be paid on an hourly basis.

Rep. Reginald Bolding, D-Phoenix, said the bill will have the opposite effect of curbing the influence of big money on Arizona elections, as its supporters contended.

"This actually opens the door for that," he said.

Backlash to minimum-wage hike

The bill was widely viewed as a response to last fall's successful minimum-wage ballot measure, Proposition 206.

Business groups complained that many of the signatures gathered by paid circulators were invalid, but that they ran out of time to challenge them in court. The bill extends to two weeks the amount of time anyone can bring a challenge; it currently is five days.

And they pointed to a payment dispute between the committee promoting the higher minimum wage and the petition firm it hired. The committee refused to pay the firm in full, arguing many of the petition circulators were improperly registered, meaning the signatures they gathered would not count.

But HB 2404 does nothing to address that problem, said Bill Scheel, who advised the Prop. 206 campaign. Settlement talks are underway after the petition firm sued and the committee counter-sued.

Scheel hinted that the bill may face a further fight. There have been talks among progressive groups about referring the matter back to the voters on the November 2018 ballot, or potentially suing, but nothing is definitive.

"We're not prepared to accept this as the final word," he said, speaking as a citizen activist and not for the Prop. 206 campaign.

Payment is an insult

House Speaker J.D. Mesnard, R-Chandler, said he's offended by the notion of paying for signatures. He said he almost would welcome a referral to the ballot because it would put the practice in the public spotlight.

"By the time November of '18 arrives, every single voter out there will know that the vast majority of signatures are bought," he said as he cast his vote in support of the bill.

“I see nothing wrong with paying people to do this work. It's work.”

Rep. Mitzi Epstein, D-Tempe

The payment issue is thorny.

Citizen petitions that seek to add a new state law need the signatures of 150,642 voters to qualify for the 2018 ballot. It's a higher bar to amend the state Constitution: 225,963 signatures.

Those numbers are almost impossible to obtain without paying people to collect them, critics said. Most measures are launched in an election year and must meet a July deadline, meaning a lot of the work is done in some of Arizona's hottest months. Supporters noted that anyone looking to launch a citizen initiative has two years to collect signatures if they file early.

Rep. Mitzi Epstein, D-Tempe, said the fuss over paying circulators is curious.

“I see nothing wrong with paying people to do this work," she said. "It's work."

Besides, the bill won't stop paid circulators, critics said. If it's such a heinous process, they argued, candidates also should be subject to the pay-per-signature ban. The bill only pertains to citizen initiatives. Many candidates pay circulators to help them gather enough signatures for their nominating petitions.

What's next

The bill won't have the force of law until 90 days after the Legislature adjourns. It's not clear when that will happen.

Other measures intended to rein in the initiative process appear stalled.

Bills from Ugenti-Rita to allow the Legislature to repeal matters referred by voters to the ballot never received a hearing in the Senate by Thursday's committee hearing deadline. Her HB 2320, to require a disclosure statement that initiatives are subject to the Voter Protection Act be printed on ballots, publicity pamphlets and advertising materials for an initiative, also never received a Senate hearing.

Reach the reporter at maryjo.pitzl@arizonarepublic.com and follow her on Twitter @maryjpitzl.


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Roberts: Remember this day, when Ducey stuck it to you, Arizona

Laurie Roberts , The Republic | azcentral.com Published 7:04 a.m. MT March 24, 2017

With one bold – really bold – stroke of his pen, Gov. Doug Ducey has sent a message screaming through Arizona.

The will of the chamber, he declared, is more important than the rights of the citizens he (supposedly) serves.

It took Ducey all of about two seconds to sign one of the worst bills to emerge from this legislative session – one that topped the must-have list of the Arizona Chamber of Commerce and Industry and the power set that runs this state.

'Tweak?' More like a full rewrite

“We live in a state where citizens have significant input into the policy-making process," Ducey said in a prepared statement. "That’s a good thing, and this tweak to the law helps ensure the integrity of ballot measures moving forward.”

This tweak to the law? Tweak?

More like a wholesale slapdown of voters who dare to exercise their own power, as this state’s founders gave them the right to do 105 years ago.

House Bill 2404 isn’t about ensuring integrity. It’s about ensuring that never again will voters be able to go around the powers-that-be and enact laws at the ballot box.

It’s about payback to the 58 percent of Arizona voters who raised the minimum wage in last year’s election. It's about disrespect and a total disdain for and distrust of voters.

It's about doing the bidding of those you were elected to serve.

"We are extremely gratified by the passage of this bill, which we believe will add greater rigor and integrity to the initiative process," chamber spokesman Garrick Taylor said.. "Hopefully, by shifting to a new payment structure, we will see less fraud and fewer invalid signatures."

What this is about: Control

And far, far fewer opportunities for voters to go rogue.

HB 2404 will make it more difficult, if not impossible, for Arizonans to exercise their constitutional right to make laws via initiative.

By requiring that petition gatherers be paid by the hour rather than by the signature, it ensures that no one but the most well-heeled of groups will be able to successfully mount an initiative campaign.

It ensures control.

If our leaders and their handlers over at the chamber didn’t like Proposition 206, they should have mounted a serious campaign against it last fall.

If they truly believe that wholesale fraud is a problem, then they should beef up elections offices to root it out.

If a ban on per-signature payment really is the answer, then this new law also should apply to them as they hire petition gatherers to get signatures for their nominating petitions. Curiously, it doesn't.

Why not let citizens exercise their rights?

If a ban on per-signature payment really is the answer, then they should enact this change but at the same time lower the signature requirement to preserve citizens' access to the initiative process.

Currently, it takes 150,000 valid voter signatures to get something onto the ballot – 225,000 if it’s a proposed change to the state constitution. Then you have to collect half-again as many more to ensure you have enough..

Long gone are the days when a few citizen volunteers can stand outside the library and get enough signatures to mount a serious campaign.

The chamber and legislators have spent a fair amount of time moaning about out-of-state special interest groups seeking to influence Arizona law. Yet they have displayed not a whit of worry about out-of-state special interest groups that contribute to their political campaigns -- often through dark money cutouts that make it impossible for us to know to whom they are beholden, In fact, they've actually made it easier for their benefactors to remain anonymous.

You want a return to citizen-driven initiatives? Then make it possible for citizens to exercise their rights.

HB 2404, though, isn’t really about stomping out fraud.

It’s about stomping out our rights.

Remember this, Arizona.


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Montini: Ducey and the swamp creatures drain us … of initiative rights

EJ Montini , The Republic | azcentral.com Published 9:05 p.m. MT March 23, 2017

The quagmire at the Arizona State Capitol might not be as wide or as deep at the one in Washington, D.C., but as political bogs go it has just as many hidden roots, sinkholes, leeches, snakes and alligators.

And instead of voters draining the swamp, the swamp is draining us … of our rights.

The Republican-controlled Legislature passed House Bill 2404, which is designed to make it much more difficult to get a voter initiative on the ballot, a right guaranteed by the Arizona Constitution.

It’s an end around on our rights.

And Gov. Doug Ducey signed it.

"We live in a state where citizens have significant input into the policy-making process," Ducey said in a statement. "That’s a good thing, and this tweak to the law helps ensure the integrity of ballot measures moving forward.”

The actual reason Ducey signed it

Well, by an overwhelming majority Arizona voters approved an initiative last November to raise the minimum wage. The Arizona Chamber of Commerce and Industry didn’t want something like that to happen again, something that helps working people instead of business owners.

So the chamber got its shills in the Legislature to pass a law that makes it illegal to pay petition gatherers for each signature they collect. And if citizens happen to succeed with the signature-gathering process the new law makes it easier to file a lawsuit to keep the initiative off the ballot.

Gov. Ducey, bowing to his pals at the chamber rather than to the people who elected him, signed the bill into law.

He called it "common-sense reform."

I call it voter suppression.

It’s not a poll tax or a literacy test or anything as insidious as that. It’s more subtle. More sophisticated. But the goal is the same. Make it difficult for a certain group of citizens to govern themselves, to participate in democracy.

In this instance that group is … all of us.

 


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