Powering the Grassroots

Kari Chisholm FacebookTwitterWebsite

Oregonians believe in ballot measures. No surprise: In 1902, Oregon was the first state to allow initiatives - and we've regularly had the most measures on the ballot.

But the biggest problem with Oregon's initiative system in recent history is the way in which big money has been able to use the system to punish political enemies, confuse and mislead the public, and enact laws that haven't been fully vetted or planned. And they've often done it by using mercenaries that aren't interested in public policy - but are just interested in making a quick buck (and maybe stealing your identity along the way.)

Recent reforms have made it tougher on unscrupulous initiative hacks - and the big lawsuit against initiative racketeer Bill Sizemore put 'em all on notice.

But as the rules got rougher with the bad guys, they also got tougher for the good guys. Good people with good ideas found it harder and harder to collect legitimate signatures from real Oregonians. Grassroots organizations have struggled to do initiatives on an all-volunteer basis.

House Bill 2082-A has just cleared the Rules Committee with a "do pass" recommendation. It's chock-full of initiative reforms - and one reform in particular will empower grassroots organizations, without empowering the astroturf corporate interests.

Under HB 2082-A, for the first time, initiative campaigns will be able distribute PDF'd petition sheets over the internet - posting 'em on their websites, and delivering them by email. For grassroots organizations, this is huge.

Here's what Secretary of State Bill Bradbury said today:

"House Bill 2082 launches the modern era for the initiative system by making it easier for citizens to sign petitions by giving them an online choice.... For the first time, Oregonians will be able to download a petition sheet from the Internet and sign it in the privacy of their own homes. Just as Vote by Mail makes it easier for people to vote, the 'E-petition' will increase citizen participation in initiative campaigns."

I couldn't agree more. This means that progressive grassroots organizations - campaigns with lots of people and not much money - will have greater ability to put initiatives on the ballot. Sure, it'll help truly grassroots right-wing groups too, but in the big battle between people and money - HB 2082 will be a big win for people.

Incidentally, the bill also includes some other provisions that will make life tougher for the mercenaries and racketeers. It bans convicted forgers and identity thieves from working as paid signature gatherers; creates some training requirements; and allows the Elections Division to proactively audit initiative campaigns. It also allows signatures from multiple counties to be on the same sheet.

The Oregon Legislature should pass the Initiative Reform and Modernization Act.

[Full disclosure: This is probably obvious, but I'll point it out anyway - my company builds websites for campaigns, including initiative campaigns. Presumably, if those websites are more effective tools for campaigns, that helps us help our clients. Also, I should point out that Bill Bradbury was a client of ours in 2004.]

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    I strongly disagree with the decision to increase the number of valid signatures from 25 to 1000, particularly since the 1000 signatures collected will not apply to the total for the initiative petition.

    Surely there has to be a better way to limit ballot title shopping.

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    FYI, for others: Sal is talking about the number of signatures required to start the process - to get a ballot title.

    Under present law, you can start the whole ballot title process with just 25 signatures. (Which still didn't prevent Bill Sizemore from forging them.)

    I don't know if 1000 is the sweet spot, but 25 was surely too few.

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    I want people collecting signatures to be trained, but the requirement of volunteers is bothersome to me--it's an unfair impedance to the right of the citizen to seek redress, IMO. Frankly, the people who most require training are the MANAGERS who send people out. Ultimately they should be responsible, and it should be on THEM to provide the proper recognized training.

    Otherwise, it's a good bill.

  • Buckman Res (unverified)
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    It bans convicted forgers and identity thieves from working as paid signature gatherers

    This one sounds problematical from a constitutional standpoint, along with having been inserted specifically to keep Sizemore out of the process. Heck, why not just ban anyone with a felony conviction from collecting signatures?

    I thought that once you payed your debt to society the slate was wiped clean.

    If this is any indication of the details in HB2082 then it will be viewed as nothing more than a partisan political attack on Oregon’s initiative system, one that has given citizens a voice over the years when politicians won’t listen.

  • Thomas Ware (unverified)
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    Which still didn't prevent Bill Sizemore from forging them.

    The Republic party can only win by cheating.

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    1000 signatures for a ballot title is too low. But it's a good start.

    Initiatives are very rarely about the dedicated grassroots. The number of initiatives that have gotten on the ballot with all or most-volunteer collection (and limited mischaracterization to signators) is tiny, and I'll be interested to see whether internet distribution reverses this trend. Nor is this a recent problem; we've been paying for signatures since the start (we used to pay a nickel a signature in the early 1900s).

    One correction: South Dakota actually allowed statewide initiatives (1898) before Oregon, but did not have an initiative until 1908, after we had our first initiative on the ballot (1904).

    According to the I&R Institute:

    Oregon holds the records for the most statewide initiatives (there were 318 between 1904 and 2000), the highest average initiative use (6.6 per general election), and the most statewide initiatives on the ballot in a single year - 27 in 1912.

  • Eric J (unverified)
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    Lets put all the petitions on-line. If we do that, it will get rid of all the mercenary gatherers who are looking for the buck and could care less about the issues. It also will stop the annoyance of the same gatherers bothering those who want to be left alone.

    ...and maybe then I will vote Yes on an initiative.

  • LiberalIncarnate (unverified)
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    Overall, I'd have to agree with this bill. It is far too easy to get ballot measures on the ballot currently.

    Personally, the inititaive process would be better if we actually had an educated voting populous. However, we do not. We do not have a direct democracy, but a representative one. We elect people to govern and pass laws.

    I also believe that any amendments to the Constition should require at least 2/3rds of all registered voters to vote in favor of it before it passes. It is ridicious that only 51% of voters can effect the lives of 49%.

  • Big Barton (unverified)
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    A minor historical point for my fellow nerds:

    I believe that South Dakota was the first state to allow initiative and referendum in 1898, followed by Utah in 1900 and Oregon in 1902. I believe Oregon was the first state to actually use the initiative process, which it did with such frequency that it became known as the "Oregon System."

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    Initiatives are very rarely about the dedicated grassroots.

    The requirement of 1000 signatures to get a valid ballot title all but assures that grassroots initiatives will soon be part of Oregon history.

    The only groups that will be able to put initiatives on the ballot will be organizations with deep pockets -- which is what some have asserted that this change is really all about.

  • PanchoPdx (unverified)
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    Among the most pathetic aspects of this "reform" is the declaration that this measure is an emergency, thereby preventing the use of referendum powers to put it up for a vote.

    This is a brazen consolidation of legislative power.

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    Sal... if a grassroots group can't get 1000 signatures on a major policy initiative, then is it really a grassroots group?

    Or, more accurately, if they can't get 1000 signatures - how can they hope to get the tens of thousands to actually qualify the measure?

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    p.s. What do you think of the rest of the reforms in this bill?

  • Ms. Mel Harmon (unverified)
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    I definitely like the idea that you don't have to have separate sheets for each county. I've volunteered many times getting signatures for issues I believed in and it's a real pain, especially when you're working in the Portland area, to have sheets for Multnomah, Washington, Clackamas counties all at once. And getting folks to understand that they must sign for their appropriate county's sheet. Anyway, I like that feature.

    As for the number of signatures needed to get the ball rolling, from a purely subjective point of view (again, having stood outside libraries/malls/etc for hours/days trying to get folks to sign) 1,000 does seem a bit high. I'd say 500 if we're grabbing random numbers out of the air. Still a lot of work, but not overwhelming to a small group with a legitimate issue they want on the ballot.

    I do love the idea of being able to use email and PDF petitions.

  • dave brown (unverified)
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    Torrid -

    The bill only requires paid signature gatherers to do the training; volunteers are still free to collect without the burden.

    This is a solid bill and should make it easier for grassroots groups to make the ballot. I love the one signature downloadable sheet.

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    There are a number of misconceptions in this thread, which is totally understandable given the complexity of the law.

    1. The 1000 signatures DO count toward the total.
    2. Bill Sizemore is NOT a convicted forger or identity thief, nor, for that matter, is he a paid SIGNATURE GATHERER. That provision was added pursuant to testimony by the Oregon State Police--not as a swipe at anyone--and it would NOT apply to Sizemore personally.
    3. The registration system is NOT for volunteers.

    Or, more accurately, if they can't get 1000 signatures - how can they hope to get the tens of thousands to actually qualify the measure?

    Exactly. This bill was painstakingly crafted to actually make things easier for real grassroots groups while cutting down on the fraud and abuse in the process. There is a reason why--with the inexplicable yet notable exception of OSPIRG--the coalition against this bill is made up of rightwing astroturf groups funded by out-of-state billionaires.

    I should disclose that my boss (Rep. Diane Rosenbaum) chairs the Rules Committee and that I have been up to my ears in trying to make this bill as good as can be. While I am as knowledgable as almost anyone about this bill, I am certainly not unbiased.

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    Or, more accurately, if they can't get 1000 signatures - how can they hope to get the tens of thousands to actually qualify the measure?

    Kari,

    I like the provision that you've highlighted. There is certainly great potential there for anyone who has a sizable email list and an issue that motivates people -- though it remains to be seen exactly how great an impact it will have on ballot initiative campaigns.

    As to your other comment...

    The issue is not that grassroots can't collect 1000 signatures. The only leftie grassroots initiatives to run in the last election cycle collected 250,000 signatures thanks to more than 1000 volunteers and paid signature gatherers despite financial opposition from labor and big business.

    But the 1000 signature requirement would have prevented that effort from refiling what became Measure 47 after Portland's clean money system passed and it was apparent that some of the provisions of an earlier draft would have negatively impacted the Portland effort -- not because they couldn't collect 1000 signatures, but because of the additional time that doing so would have been involved.

    Patton, thanks for clarifying my misunderstanding about the 1000 signatures applying to the final total count. It will be interesting to see whether this bill will survive the legal challenges that it will no doubt engender should it become law.

    Out of curiousity, what is the rationale for exposing the initiative process to such a significantly higher level of scrutiny than any other form of lobbying activity?

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    Out of curiousity, what is the rationale for exposing the initiative process to such a significantly higher level of scrutiny than any other form of lobbying activity?

    Initiatives aren't lobbying, they're legislating.

  • History As We Should Know It (unverified)
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    Undoubtedly this will not be welcome here, but somebody really has to stand up against for some of the sound principles this country was founded on. What about the overwhelming failure of Measure 23, and the passage of Measures 11 and 37 makes folks possibly imagine making it easier for rule by initiative in Oregon is a good idea? After all, the initiative process has worked so well over the last 30 years at giving us progressive tax, education, health-care programs, and social polices hasn't it? There is nothing more offensive to our representative democracy as the counter-balance to mob rule, than this one comment:

    For the first time, Oregonians will be able to download a petition sheet from the Internet and sign it in the privacy of their own homes. Just as Vote by Mail makes it easier for people to vote, the 'E-petition' will increase citizen participation in initiative campaigns.

    Furthermore, does anyone really believe the fig leaf of the 1000 signature threshold for a ballot title is going to be easier for most grassroots organizations to achieve than for groups committed to right-wing or regressive social agendas? Say, for an example, anti-tax activists. Or anti-gay rights religous groups? Or maybe some of the right-wing interests seeking right now to limit the strong protection for free-speech rights in our Oregon Constitution?

    Not that they will heed it, but my plea to Patton Price and Diane Rosenbaum is to please step back and have the humility to recognize that wonkish policy fixes frequently end up making matters worse.

  • History As We Should Know It (unverified)
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    This:

    "but somebody really has to stand up against for some of the sound principles this country was founded on"

    should have read

    "but somebody really has to stand up for some of the sound principles of representative government this country was founded on"

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    Initiatives aren't lobbying, they're legislating.

    There is no plain meaning of the word, "petition", either legal or conversational, in which it means something other than a request.

    Circulating an initiative petition is the very definition of lobbying.

    The legislative act does not occur until the People cast their vote.

    On this count, PanchoPDX is absolutely correct. Notwithstanding the willingness to allow circulators to distribute petitions as pdf's, the primary effect of the reforms that we've seen in the initiative process over the last 20 years is to further consolidate legislative power into the hands of the powerful, and to drive volunteers out of the initiative process.

    If your primary motivation for changing the initiative process is to blunt Freedomworks or Sizemore, then maybe that's a good thing.

    But if your primary motivation is to create conditions that make the legislature more responsive to the will of the People, then all you are doing is eroding one of the few remaining controls reserved to the People in an era when 70% of the money contributed to political campaigns in Oregon comes in checks written in amounts of $5,000 or more, and legislative districts are so heavily gerrymandered that there are fewer than 10 competitive seats out of 60 in the Oregon House during any given election cycle.

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    Circulating an initiative petition is the very definition of lobbying.

    I'm not quite sure I'm understanding the point here, but it certainly seems to me that circulating an initiative petition is more akin to, say, introducing a bill on the floor of the House.

    Yeah, an initiative sponsor isn't legislator - but they're legislating. At least, they're writing the legislation - and merely asking the voters to approve it. If the voters were legislating, they'd be drating, amending, etc.

    Lawmaking via the Legislature and lawmaking via the People are two fundamentally different things -- but make no mistake, an initiative is about directly making laws... which is different than lobbying.

    Though an initiative campaign is sort of like lobbying.

    I'd like to see a robust process with tough rules for getting an initiative on the ballot -- but then mostly wide-open rules for campaigns on both sides.

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    Sal... to the rest of your point:

    I do think your suggestion about making the legislature responsive to the will of the people... and I agree that campaign finance reform is critical...

    It might be useful to do a count of ballot measures that made the ballot over the last 20 years - and a count of those that passed. And then split out the ones you would have supported, and those you would not.

    I suspect you'll find, as I have, that vastly more initiatives have been proposed and passed that have done bad things rather than good.

    I believe that the right restrictions will hinder the ability of astroturf mercenaries, but that initiatives that truly reflect "the will of the people" can always make it to the ballot.

    The trouble on our side is that we often mistake "the will of our friends" for the "will of the people". Just because it's lefty doesn't mean that the people want it.

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    I suspect you'll find, as I have, that vastly more initiatives have been proposed and passed that have done bad things rather than good.

    I don't disagree, but these initiatives also redress grievances that are often left long-ignored by the legislature, and in many cases are not even granted hearings because they are opposed by interests that have control over the purse strings of the caucuses and their candidates, and by extension, too much control over Oregon's legislative process.

    The tobacco tax, which passed overwhelmingly by public initiative after languishing in committee for 4 sessions before it passed via the initiative is one example.

    Oregon's minimum wage is another.

    So is the bottle bill, state beaches, vote by mail, death with dignity, etc.

    Measure 37 was bad legislation, but it has forced the legislature to implement fixes to our land-use system that the people of this state have wanted since at least the early 1990's.

    Had any recent legislature been willing or able to craft a solution after 3 consecutive ballot initiative victories on that issue, we would not have been stuck with it.

    As for campaign finance limits...

    With all due respect, you are the one confusing what some of our friends want with what the people of this state want.

    The people of this state have passed strong campaign contribution limits. Twice.

    The groups that financially opposed contribution limits are basically the same groups that are currently lobbying to make it more difficult for citizens in this state to use the initiative process to address things that the legislature can't or won't deal with.

    The net effect of these reforms ... whether it involves blocking efforts to limit contributions or making the initiative process more difficult is to consolidate power in the hands of the powerful.

    I just don't agree that it's a good idea, even if some of the powerful happen to be our friends.

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    Lawmaking via the Legislature and lawmaking via the People are two fundamentally different things -- but make no mistake, an initiative is about directly making laws... which is different than lobbying.

    How difficult do you think it would be to come up with a lengthy list of bills drafted by lobbyists that were sent verbatim to leg counsel?

    I think this is a bit of a red herring.

    Politically speaking, it's much easier to subject the initiative process to a higher level of scrutiny than it is to do the same thing to a groups that spend millions supporting candidates and millions more lobbying our legislators which is why we've waited so long for the modest reforms that we're seeing in this session.

  • Jeremiah Baumann (unverified)
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    Sorry to hear that OSPIRG's position is "inexplicable."

    Let me try and explain.

    1. The 1,000 signatures requirement as a method to discourage ballot title shopping is, frankly, misguided. Sizemore will get 1,000 signatures without much trouble. Grassroots/volunteer efforts will be hard-pressed. It will mean more ballot title shopping by big-money astroturf measures and less by actual grassroots measures. It will mean grassroots campaigns have to waste resources before knowing what their issue will look like on the ballot. This argument that a group that can't get 1,000 "isn't a true grassroots group" or won't be able to qualify it anyway is beside the point; if an organization doesn't have the juice to get 1,000 or 100,000, their measure won't qualify.

    Why aren't we looking at reforms to the ballot title process itself -- who writes them, the legal standards for what they have to represent, even their length. A longer ballot title would probably produce fewer fights over which 25 words will end up there.

    1. The registration for paid petitioners is disturbing if you think about requiring people, who are presumably frustrated with elected government and therefore are petitioning for change, to first seek the government's permission.

    Under this bill, people who want jobs as paid petitioners have to not just interview and be hired, but also apply to the Secretary of State for permission to be a paid petitioner. That includes submitting a photograph and a certification that you've "read and understand the law" related to ballot measures. This bill alone is 60 pages, and the way legislation is written, reading the law is rarely a good way of understanding it. Then they have to go through a training that the Secretary of State gets to design. The SoS has testified that the training won't be burdensome but for some reason, suggestions that the bill itself stipulate that the training be non-burdensome were rejected.

    The Supreme Court has been pretty clear that it's unconstitutional to require a citizen wishing to petition their government to change the law to first obtain the government's petition.

    Sal hits on a really good point: this bill subjects citizen initiatives to a much higher degree of scrutiny than legislative lobbying. Lobbyists have to register with the state, but they don't even have to disclose which bills they're lobbying on, much less seek the government's permission to be a lobbyist or go through a government training or certify they've read and understand all laws related to lobbying.

    This bill has plenty of merit -- campaign finance disclosure for ballot campaigns during signature drives is a good thing (though the bill doesn't require it for opponents of the measure), and I think keeping convicted identity thieves from collecting lists of Oregonians is probably a good thing.

    <h2>It's too bad that the efforts to cripple the initiative process that have been going on for years, taking energy away from actually getting better at fighting and winning initiatives, have reared their head again.</h2>

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