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Today’s Commentary: Court Victory for Petitioners

Progressives may have created California’s direct democracy process, but it’s been conservatives who have perfected the use of it. Whether its landmark property tax reform or recalling an inept governor, limited government’s biggest victories have been through initiatives, referendums and recalls.

 
Ironically, today’s progressives thwart the direct democracy process with unconstitutional bureaucratic impediments to signature gathering. Most notable of these restrictions is a residency requirement for signature gatherers.
 
Petitions require a massive amount of signatures in a short window of time. As someone who is actively involved in these campaigns, I know that in some cases it would be impossible to gather enough signatures without using out-of-town signature gatherers.
 
Case in point, a San Clemente referendum to overturn a city ordinance banning second story additions. The City of San Clemente attempted to severely restrict property rights and values by banning second story home additions. My clients, property rights advocates, hired out-of-town signature gatherers to circulate petitions that would overturn the measure. Originally, the City Clerk accepted the petitions as valid. Opponents filed a lawsuit based on an unconstitutional Election Code section that requires circulators be “qualified to register as a voter of the city.”

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One Response to “Today’s Commentary: Court Victory for Petitioners”

  1. soldsoon@aol.com Says:

    Initiatives create employment for many fringe people among us.

    Asking a shopper at a mall to sign a petition because the gatherer makes five bucks to feed his family living under a bridge is pretty SICK politics.

    Seeing some chubby school teacher frau push a “for the kids” TV commercial is nausea at best…

    Seeing an action hero run up the biggest budget deficit(exceeding Grey Davis’ budget follies) makes one pause why FLASH REPORT groupies aren’t asking the tough questions.