I’ve already made up my mind for the primary election, so I decided to peek at what ballot issues we might be deciding in November.
I’ve never favored direct-vote ballot issues as a regular means of doing “the people’s business.” I prefer to elect someone (with a clue) to do all that on my behalf.
Nonetheless, ballot issues can be a political safety valve, a genuine expression of public will. Or … they can create havoc like the pot thing. That’s why I feel the ballot-issue process should be rigorous, and Montana’s process certainly isn’t easy.
There are two ways ballot issues make the ballot: One, Montana legislators can vote, or be convinced to vote, to put a question before the voters, the latter being as big a challenge as getting them to write and pass a law.
Two, there is the petition route: The proposed law or amendment and explanatory language must be submitted to the secretary of state and attorney general for review and approval.
After approval, each initiative or referendum for the Nov. 2 ballot must gather signatures from 5 percent of all qualified voters, as well as exceeding 5 percent in each of 34 legislative house districts (24,337 voters must sign). Constitutional initiative amendments must gather a higher 10 percent overall, including 10 percent in no fewer than 40 legislative house districts (48,674 signatures).
So, what might make the ballot? At the end of April, 25 ballot issue proposals had been submitted to Montana Secretary of State Linda McCulloch’s office. Fifteen look to be dead in the water, while 10 made it to signature-gathering:
CI-102: Constitutionally-define “person,” surviving of four pro-life issue attempts, has 4,114 signatures verified so far.
CI-103: Older Montanans Trust Fund, redirecting no less than 10 percent of petroleum taxes (about $11 million a year) to a senior’s trust fund. 702 signatures.
CI-104: Inform Juries of Right to Judge Law, approved for signature gathering.
CI-105: Prohibition on real-estate transfer tax, approved.
CI-106: Grand Jury by Petition, approved
I-160: Ban non-agency trapping on all public lands, 4,694 signatures.
I-161: Abolish outfitter-sponsored licenses/Kephart, 1,340 signatures.
I-162: Private Property Rights Preservation Act/25 percent compensation threshold, approved.
I-163: Redirect $6 million per year in alcohol taxes to fund alcohol and drug abuse programs, approved.
I-164: Limit “payday” loans to 36 percent per year interest, approved.
Hmmmm. Have any of you collected signatures? What a painful drag, right, good only for sociopathic out-of-state headhunters? That’s illegal. Paid collectors must be Montana “residents” and can’t be paid on a per-signature basis.
Even better, for the 2010 general election, signatures can be turned in between Oct. 16, 2009 and June 18, 2010. That’s winter … perfect doorbelling weather.
So, are our ballots going to be busy? With only 45 days to go, the two “leaders” here, the abortion and trapping items, have collected only a tenth (or fifth, accordingly) of the needed signatures. All the rest simply waited too long. I’ll be surprised if either “top two” make the ballot, and absolutely stunned to see any of the others.
Bottom line is, only serious ballot issues, or those with dedicated supporters, stand a chance in Montana – and guess what? We are going to have one whackin’ serious ballot issue:
A little red box on the Secretary of State website announces the secretary “will place the question of whether or not to hold a Constitutional Convention on the Nov. 2, 2010 ballot.”
No … this is not some nefarious plot. In accordance with the state Constitution, Montana law (MCA 13-1-121/122) requires that, unless requested earlier, every 20 years the “question of holding an unlimited constitutional convention […] be submitted to the people.”
While I knew Montanans had a right to call a constitutional convention, I had no idea it was mandated. Can you imagine if federal law, or our Constitution, had a mandate to hold a plebiscite every 20 years on our federal Constitution and Bill of Rights? I can … thank God we don’t.
As for Montana’s Constitution, sure, it’s a dog … but you don’t shoot your dog just because it has bad breath.