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Stories Posted on October 9, 2008
Opinion: How Not to Reform the Ballot Initiative Process
Category: Initiative and Referendum · State: Arizona · Source: Goldwater Institute
The TIME initiative crumbled after a lawsuit proved its supporting signatures were rife with forgery and fraud. Normally that would be the end of the story, but the Arizona Capitol Times reports that both proponents and opponents of the initiative are now demanding reform. They propose requiring signature-gatherers to be employees of signature-gathering businesses, rather than independent contractors as many are now. They suggest that signature-gatherers will be more accountable for their work if they are forced to work for someone else. This proposal not only lacks common sense, it would also violate the First Amendment. The state has no constitutional power to dictate who can and cannot make a living by advancing ballot initiatives. This is because signature-gatherers help ordinary citizens and grassroots organizations organize and demand reform from their state government. Their stock-in-trade is free speech and free association, which is protected by the First Amendment.