On August 30, U.S. District Court Judge Joseph Bataillon issued opinions in two closely related cases, Bernbeck v Gale, 4:10cv-3001, and Citizens in Charge v Gale, 4:09cv-3255. In the Citizens in Charge case, the judge struck down the Nebraska law that bans out-of-state circulators, but upheld a state law that says all petitions must carry in red ink and large font, “This petition is circulated by a paid circulator.” Of course, if the circulator is not being paid, the petition need not carry that message. UPDATE: here is the AP story on the decision.
In the Bernbeck case, the Judge upheld the state’s ban on paying circulators on a per-signature basis. However, the state law does not ban paying bonuses to circulators who have high productivity. Also in the Bernbeck case, the Judge struck down a law saying the sponsor of a local initiative must be a resident of that locality. He upheld a law making it illegal for people under age 18 to circulate petitions. Here is the Bernbeck decision. Here is the Citizens in Charge decision, the one that strikes down the ban on out-of-state circulators.
The decision striking down the ban on out-of-state circulators is very significant, because in 2001 the 8th circuit had upheld North Dakota’s ban on out-of-state circulators, and Nebraska is in the 8th circuit. Judge Battaillon said the 8th circuit case is not controlling because in that case, the plaintiffs did not present any evidence about how burdensome the ban is. In the recent Nebraska case, the plaintiffs did present such evidence. Thanks to Kent Bernbeck for this news and for one of the links, and thanks to Paul Jacob for the other link.
Each State in the *United* STATES of America happens to be a NATION-STATE.
1776 DOI, last para.
1777 A.C.
1783 Peace Treaty
1787 Const Art. VII, Art. I, Sec. 10
i.e. the U.S.A. govt is a *super-national* government – for the joint benefit of the 50 Nation-State govts.
—
Way too difficult for the courts to understand ???
i.e. Electors in each State — everybody else is a political alien from another universe – for ALL election related stuff.
So what? There’s nothing wrong with someone from another country circulating a petition. The prohibition on kids petitioning should have been struck down as well. If a dog, a robot or a space alien can circulate a petition, let them. For that matter there is no reason why a signer has to be witnessed. If a petition is left on an unattended table and gets signed anyway, and the signer is eligible to sign, there is no reason the signature should not count.
Only the signer needs to be eligible to vote. Not the circulator. It makes no difference at all who, if anyone, is the circulator. If mail delivery was automated, would that make petitions delivered through the mail invalid? I should hope not.
#2, I agree with you. There are 10 states which don’t even require the circulator to sign the petition. That way, as you say, petitions can be left on a bulletin board or other public place, and anyone who comes by can sign it.
I’m glad to see that that ridiculous and unconstitutional ban on out-of-state petition circulators got thrown out. I actually testified in this case in the form of a written deposition, as did a couple of other people that I know.
There is a Notary Public aspect to the signing of petitions.
Of course legality means less and less in this New Age of growing LAWLESSNESS — at ALL levels of governments.
Children can make very effective petitioners. I’ve seen petitioners as young as seven, although that one was working close to his mom and she would step in and make sure the signers filled it out correctly. I’ve seen petitioners from about age 11 or 12 up working just fine on their own. It’s a great way for teens and even pre-teens to earn some money and/or get some community volunteering experience.
I guess we should ask the people who oppose allowing kids to petition why they hate children 😛
Also, why not see what petitions are paying at your destination(s) next time you travel overseas? It can be a fun way to earn some extra money and get to know people in foreign countries, allowing you to extend your trip.
How many ILLEGAL signatures are collected by adults and/or kids ???
How much taxpayer $$$ is used to check signatures to get stuff on ballots ???
How many folks get FELONY convictions for ILLEGAL signing of petitions ???
Sorry – some juvenile folks think that having LEGAL elections is some sort of Stone Age video game.
Below a certain threshold (typically 75%), petitions only get paid on a per valid signature basis. The money that is used to check signatures is the same be they valid or not. None of that has anything to do with who is allowed to work as a petitioner. Sorry, but your arguments don’t hold water.
Newspapers, radio stations, TV stations, websites, lobbying efforts and campaign contributions all cross state lines. As they should.
Freedom to petition is just like freedom of speech; it does not stop at state lines or international borders for that matter.
Children collecting signatures? We might as well have children vote. Children are not part of the electorate anyone having children collect signatures is doing outright fraud. And are SCUMBAGS!!