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CLT UPDATE
Friday, February 18, 2010

Initiative petition process under attack, sheesh again


 

[State Sen. Stan Rosenberg, D-Amherst], who has examined and proposed changes to the ballot initiative process in the past, said he's also filing two bills to correct the problem of fraudulent signature gathering and to make it less easily controlled by out-of-state interests.

"We're concerned on the one hand about fraud in the collection of signatures and in special interest groups largely from out of state paying for and driving the process in the state," he said.

One bill [SD870] would prohibit paying signature gatherers based on the number of signatures collected and prohibit simultaneous circulation of petitions relating to multiple initiatives, while also requiring state registration of paid signature gatherers and restricting persons with criminal records of forgery, identity theft, election fraud and sex offenders from paid signature gathering.

Another measure [SD695] would seek a constitutional change to bring the number of required signatures more in line with the requirement of other states.

"We're still way out of line with the rest of the country," said Rosenberg, because it's based on the number of participating voters, which has largely declined.

The current 1950 standard for placing a question on the ballot requires 3 percent of ballots cast in the governor's race in the previous election. For the upcoming 2012 election, only 68,640 signatures will be required.

Rosenberg's bill would create a two-tiered threshold for signatures: requiring the number of signatures equal to 7 percent of voters in the previous gubernatorial election in the case of a question to change state law, or equal to 4.5 percent in the case of ballot questions seeking the more complicated process of a change in the state constitution.

After grassroots groups had to spend about $11 million to fight 2010 questions at the polls seeking to cut taxes, Rosenberg said, they have joined a coalition seeking to raise the bar for placing initiatives on the ballot.

The Daily Hampshire Gazette
Wednesday, January 26, 2011
Rosenberg backs graduated income tax;
legalizing marijuana for medical use
Referendums


Trademark of the Stanley Steamer
1897-1924


Chip Ford's CLT Commentary

The Stanley Steamer is firing up his boiler again; rolling out on his latest assault on the initiative referendum process. State Sen. Stan Rosenberg (D-People's Republic of Amherst) really does detest direct democracy.  He won't cool his motor until he crushes it or his tires go flat trying.

As the Boston Herald opined during one of his past failed assaults ("Ballot questions targeted," Apr. 10, 2003): "Direct democracy would be an endangered species in Massachusetts if state Sen. Stan Rosenberg (D-Amherst) gets his way and gains support for his proposals to gut the initiative petition process."

Eagle-Tribune columnist Taylor Armerding back then wrote ("Voters too wise to fall for this bill," Jan 5, 2003):

You probably didn't realize it, but one of the first things you need in the year 2003 is to be saved from yourself. But that, you see, is because you are vulnerable to manipulation.

This favor comes courtesy of state Sen. Stanley C. Rosenberg, D-Amherst, yet another in a long line of selfless legislators willing to put themselves on the line, to stand up, to fight for us, the hapless, helpless, clueless average voters of Massachusetts.

Rosenberg has filed a bill that would make it much more difficult to file citizens' initiative petitions to create or amend laws. Instead of requiring 72,000 certified signatures of registered voters to put a question on the ballot, his bill would require 100,000 -- nearly 50 percent more. . . .

 

CLT and others citizens' groups on both sides of the political spectrum leaped into action (CLT's Save Democracy Project)

That defeat didn't put the brakes on The Steamer and his cohorts.

They were back two years later with another assault (CLT Update, Jul. 19, 2005 - "Execution of the I&R steamrolls on").

The Boston Herald editorial of Jul. 19, 2005 ("Sign of the times: Bill overreaches") opined:

If you can't beat 'em, just change the rules.

That appears to be the message behind a movement on Beacon Hill that would make it more difficult to pass laws or amend the state Constitution through the ballot....

Never mind that groups already have to tie themselves practically in knots to get approval for a question to appear on the ballot in Massachusetts....

Supporters say the changes are meant to root out fraud, citing examples of solicitors misleading voters about their cause to boost their signature count.

But you shouldn't monkey with the entire system to combat isolated cases of cheating.

In the CLT Update of Jul. 21, 2005 ("We actually won one!"), Barbara wrote:

I couldn't wait to tell you -- we actually won one! The Election Laws Committee is not going forward with the bill to kill the initiative petition process. It didn't get to the Senate floor yesterday for a vote, and we were told that it will stay in third reading until the fall -- when we expect it will continue to languish, since it will be too late to damage the fall petition drives.

As we publicly charged, the intent of the bill was to just make it harder for "defense of marriage" folks to get their signatures: I suspect some proponents had no idea what they were getting into. After we sounded the alarm, petition advocates from left to right were objecting -- even John Businger, the liberal former state rep from Brookline, came out of political retirement to argue against restoring the jurat, which he had removed when he was House Election Laws chairman in 1985. We are also grateful to Secretary of State Bill Galvin for his strong opposition. Thanks to everyone who called their legislators, and those groups who have been organizing their own members.

They were back again last year, still trying to drive a stake through the heart of direct democracy with a vengeance (CLT Update: Jul. 28, 2010 - Initiative Petition Process Under Attack). Barbara wrote:

However, Senate Bill 23, sponsored by Senator Cynthia Creem (D-Newton), and its equivalent, House Bill 3537, sponsored by Reps. Alice Wolf (D-Cambridge) and Byron Rushing (D-Boston), would add the following prohibited subjects: “The rights to freedom and equality; the right of each individual to be protected by society in the enjoyment of life, liberty and property, according to standing laws.”

If approved, this broad, undefined language would guarantee that virtually no initiative petition could pass muster, since all laws or public policy proposals have some impact on life, liberty or property. . . .

CLT and its allies routed the heathens at the barricades once again, but Stanley and his mob are back again for yet another assault, his lust to crush democracy undiminished.

"After grassroots groups had to spend about $11 million to fight 2010 questions at the polls seeking to cut taxes," the Hampshire Gazette reported, "Rosenberg said, they have joined a coalition seeking to raise the bar for placing initiatives on the ballot."

Time out, Stanley:  What "grassroots groups" had to spend that money?

Let's take a look at his latest Big Lie. Let's look at Question 3 on last year's ballot, the proposal to reduce the state income tax from its recently hiked 6.25 percent down to 3 percent. How'd that work, Stanley?

According to the Secretary of State's Elections Division, here is the amount raised by the proponents and opponents:

Proponents:  Alliance to Roll Back Taxes
$263,838.66

Opponents:  Mass. Coalition for our Communities
$5,673,178.18

According to BallotPedia.org, the largest contributors opposing the 2010 sales tax cut ballot question (Question 3) were:

National Education Association $1,325,000
Massachusetts Teachers Association $1,062,000
Service Employees International Union $888,000
American Federation of Teachers - Massachusetts $704,000
American Federation of State, County and Municipal Employees $200,000
Boston Teachers Union $150,000
Mass. Nurses Association $104,000

"After grassroots groups had to spend about $11 million to fight 2010 questions at the polls seeking to cut taxes, Rosenberg said, they have joined a coalition seeking to raise the bar for placing initiatives on the ballot."

"Grassroot groups" indeed! What hogwash.

Almost eight years ago, on Apr. 13, 2003 the Eagle-Tribune editorial ("A wolf in sheep's clothing") stated:

State Sen. Stanley C. Rosenberg, D-Amherst, says his bill to "reform" the initiative petition process is not an attempt to kill it. He says if he wanted to destroy the ability of average voters to pass laws, he would have filed a bill to do exactly that.

Don't believe it. Legislators rarely do things directly. It is much safer, and usually more successful, to do it indirectly.

Rosenberg is indeed trying to kill the only avenue to direct democracy in Massachusetts. He is just trying to kill it softly. He is hoping that, just like the frog in the cook pot, voters won't notice the heat gradually increasing on their already limited powers until it is too late and those powers are boiled out of existence....

It is not that Rosenberg has a problem with manipulating public opinion. He just wants himself and his colleagues to be the ones doing it.

The more things change, the more they remain the same. It looks like Sen. Stan Rosenberg has saved the Eagle-Tribune and others the effort of writing another editorial.


1908 Stanley Steamer Gentleman's Speedy Roadster
"In 1897 the Stanleys had a small, chain drive steamer running
around the streets of Newton."

Newton -- that figures!

As if yet another assault on the I&R process isn't retro enough, Stanley's back with another attack on taxpayers, pushing another graduated income tax constitutional amendment. Never mind that it's been defeated on the ballot six time over the past three decades -- the very reason for CLT to be founded in 1974. "NO, NO, a thousand times NO!" just isn't good enough for Sen. Stanley Rosenberg.

Bill S00018
By Mr. Rosenberg, petition (accompanied by proposal, Senate, No. 18) of Stanley Rosenberg, Peter V. Kocot, Patricia Jehlen and other members of the General Court proposal for a legislative amendment to the Constitution to allow for a graduated income tax. Revenue.

Sponsors: Stanley Rosenberg

Petitioners: Stanley Rosenberg, Peter V. Kocot, Patricia Jehlen, Elizabeth A. Malia, Sonia Chang-Diaz, Alice K. Wolf, Jonathan Hecht, David B. Sullivan, Jason M. Lewis, Daniel Wolf, James Eldridge, Jay Kaufman

SECTION 1: Article XLIV of the Amendments to the Constitution is hereby amended by striking out the second and third sentences and inserting in place thereof the following:- “In order that the burden of such a tax is fairly and equitably distributed, such tax shall be levied at graduated rates, so that higher rates are imposed on taxpayers in higher income brackets and lower rates on those in lower income brackets. The general court may grant reasonable exemptions and abatements and establish the number and range of brackets.”

http://www.malegislature.gov/Bills/BillText/14234?generalCourtId=1

Bill History:

1/21/2011 - Senate Bill Filed.
1/24/2011 - Senate Referred to Joint Committee on Revenue.
1/24/2011 - Senate House concurs.

http://www.malegislature.gov/Bills/187/Senate/S00018

We'll have more to say about this in the days ahead, but we citizens and taxpayers have our work cut out for us in the coming year -- and it's only February. Get ready to again mount up and ride into battle, folks.

 

Chip Ford


 

The Daily Hampshire Gazette
Wednesday, January 26, 2011
Rosenberg backs graduated income tax;
legalizing marijuana for medical use
By Richie Davis


AMHERST - State Sen. Stanley Rosenberg wants to tax the rich more in Massachusetts.

He's proposing an amendment to the state constitution that would allow Massachusetts to have a graduated income tax.

He also plans to file legislation to legalize marijuana in the state for medical purposes, and to return the ballot initiative process to one he says would be closer to its origins "as a grassroots, volunteer-driven endeavor."

Rosenberg said replacing the state's flat income tax rate to one more like the federal approach, requiring higher income earners to pay a greater share of the burden, "is not about punishing the wealthy. This is about finding reasonable ways to finance a compassionate, civilized and just society, something I think benefits everyone."

It's been about 20 years since the flat tax, which is written into the state constitution, has come up for a vote.

Gov. Deval Patrick has said he favors a graduated income tax, and last fall, a State House New Service poll showed that about 57 percent of 400 voters surveyed favored a graduated tax, while 34 percent opposed such a system and 9 percent were undecided. The proposal was favored by 62 percent of Democrats and 57 percent of independents while being opposed by 52 percent of Republicans.

"It's time we had a serious discussion about how we pay for the education of our young people, for the care of our eldest and most vulnerable citizens, and for all the other services the citizens of our commonwealth want and are entitled to," Rosenberg said.

If a Constitutional Convention approved of an amendment in the next two consecutive sessions, Rosenberg said, voters could decide on a change as early as the 2014 ballot.

There's been an effort three or four times over the past 60 years to remove the constitutional prohibition against a graduated tax, Rosenberg said, "but each time it's failed because of an active campaign designed to scare people about losing their jobs because companies would flee Massachusetts, so you end up with people voting against their own interests."

He said the time for a graduated income tax has come.

"There's growing income inequality, and both lower-income workers and middle-income workers have seen their earning capacity and take-home pay stagnated, with a growing number of millionaires and zillionaires gaining enormous income and shares of wealth, without adding new wealth to the economy."

Medical marijuana

Rosenberg is also filing a bill, modeled after legislation approved in the past couple of years in Maine and Rhode Island, that would legalize marijuana for medical purposes.

The bill is designed to protect patients with debilitating medical conditions, as well as their designated caregivers, from arrest and prosecution, criminal and other penalties, and property forfeiture if they use medicinal marijuana. It's also designed to create "a responsible system" for providing it to patients diagnosed by a licensed physician as having such conditions as: cancer, glaucoma, AIDS, hepatitis C, post traumatic stress disorder as well as other specific debilitating conditions.

"This is an issue that requires serious, thoughtful discussion," Rosenberg said. "Marijuana has been shown to alleviate some of the worst symptoms of some of the worst diseases imaginable. I think the reasonable, compassionate thing to do is to give patients and their doctors this option."

As discussion of a bill progresses in Massachusetts, he said, legislators can apply lessons learned in neighboring Maine and Rhode Island.

Referendums

Rosenberg, who has examined and proposed changes to the ballot initiative process in the past, said he's also filing two bills to correct the problem of fraudulent signature gathering and to make it less easily controlled by out-of-state interests.

"We're concerned on the one hand about fraud in the collection of signatures and in special interest groups largely from out of state paying for and driving the process in the state," he said.

One bill would prohibit paying signature gatherers based on the number of signatures collected and prohibit simultaneous circulation of petitions relating to multiple initiatives, while also requiring state registration of paid signature gatherers and restricting persons with criminal records of forgery, identity theft, election fraud and sex offenders from paid signature gathering.

Another measure would seek a constitutional change to bring the number of required signatures more in line with the requirement of other states.

"We're still way out of line with the rest of the country," said Rosenberg, because it's based on the number of participating voters, which has largely declined.

The current 1950 standard for placing a question on the ballot requires 3 percent of ballots cast in the governor's race in the previous election. For the upcoming 2012 election, only 68,640 signatures will be required.

Rosenberg's bill would create a two-tiered threshold for signatures: requiring the number of signatures equal to 7 percent of voters in the previous gubernatorial election in the case of a question to change state law, or equal to 4.5 percent in the case of ballot questions seeking the more complicated process of a change in the state constitution.

After grassroots groups had to spend about $11 million to fight 2010 questions at the polls seeking to cut taxes, Rosenberg said, they have joined a coalition seeking to raise the bar for placing initiatives on the ballot.


The Eagle-Tribune
Sunday, April 13, 2003

An Eagle-Tribune editorial
A wolf in sheep's clothing

OUR VIEW
Don't believe it.


State Sen. Stanley C. Rosenberg, D-Amherst, says his bill to "reform" the initiative petition process is not an attempt to kill it. He says if he wanted to destroy the ability of average voters to pass laws, he would have filed a bill to do exactly that.

Don't believe it. Legislators rarely do things directly. It is much safer, and usually more successful, to do it indirectly.

Rosenberg is indeed trying to kill the only avenue to direct democracy in Massachusetts. He is just trying to kill it softly. He is hoping that, just like the frog in the cook pot, voters won't notice the heat gradually increasing on their already limited powers until it is too late and those powers are boiled out of existence.

Rosenberg's bill, Senate 362, which came before the Legislature's Committee on Election Laws this past week, would increase the number of signatures necessary to put a question on the ballot by at least 50 percent -- almost 100 percent in the case of a constitutional amendment. It would also give local elected officials a much greater voice on ballot question summaries, again giving more power to government to control information about those questions.

This, Rosenberg says, is necessary because the initiative process is out of control.

Not really. It's more that it is out of *his* control. He and other legislators can't stand the thought of their constituents actually ordering them to do something that they would rather ignore. Their flagrant disregard of the express will of the voters in the Clean Elections referendum is evidence enough of that.

This bill, the senator says, is necessary because the process is being increasingly controlled by powerful special-interest groups who have learned how to "game the system."

If that is true, this bill will make that problem even worse. The reality is that the initiative petition is about the only thing that can trump special interests. If the barriers to petitions are raised even higher, only powerful and wealthy special interests will be able to marshal the forces to collect enough signatures to put something on the ballot. Smaller, grass-roots groups will be disenfranchised.

And if, as Rosenberg says, voters are being manipulated by those powerful special interests, his next move should be to shut down town meetings, elections, legislative hearings and any other elements of participatory democracy. As the senator should know, they are all subject to interest groups, large and small, who have learned how to game the system.

Every political campaign is an effort to control information, to reduce complicated issues to simple slogans -- in short, to manipulate public opinion.

It is not that Rosenberg has a problem with manipulating public opinion. He just wants himself and his colleagues to be the ones doing it.

Citizens, don't let it happen. Call your legislators and tell them to kill this bill before it silences one of the last voices you have remaining.

 

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