Is there time to qualify initiatives for the special election the governor plans to call? The special election in 2009 will deal with the rainy-day budget plan and the lottery lease that were part of the budget deal. But, what else might be on the special election ballot?
The governor indicated a special election in March may be too early. So attention is focused on June 2.
The constitution says that initiatives must be qualified 131 days before an election. If the election were called for June 2, that would make the qualification date about January 23.
But there is a legitimate question if that 131 day requirement applies to a special election. Here’s Article 2, Section 8, Paragraph C of the state constitution dealing with initiatives:
The Secretary of State shall then submit the measure at the
next general election held at least 131 days after it qualifies or at
any special statewide election held prior to that general election.
The Governor may call a special statewide election for the measure.
Those promoting measures on the special election ballot will argue the 131 days only applies to initiatives for general elections. After all, special elections are … well, special and can be treated differently.
A debate over the exact meaning of this section of the state constitution could resemble the argument over the vagueness of the clause in the Second Amendment on whether a citizen could be armed without belonging to a militia—an issue that took over 200 years to resolve.
If the 131 day requirement does apply to special elections, it will not be impossible to qualify an initiative for a June ballot, just nearly so, but it would be tough and proponents will need a lot of money.
It has been done before. Proposition 39 to lower the vote for passing local school bonds was qualified in about a month’s time and that’s about all the time that would be available if a initiative had to qualify 131 days prior to a June 2 election .
Initiatives consultant Rick Claussen, who managed the Prop 39 campaign, says there would only be about 4 to 5 weeks to actually gather signatures. There must be time for a title and summary to be prepared and for verification to determine if enough signatures were collected. Strategically, Claussen suggests the measure should be short to be easily understood and a short measure means sending one sheet of paper to voters through the mail thus keeping down the cost. He says TV ads promoting the initiative would help persuade voters to sign, and a premium would have to be paid to signature gatherers. At least on that front, any proponent would have an advantage because Claussen says there are many signature gathering crews available.
The Democrats have stated flatly they are going after the two-thirds vote rule to pass the budget and they may go after the two-thirds vote on taxes, as well. And, the Republicans, seeing an assault on the two-thirds vote standard, and knowing that the public is in a surly mood on budget issues, may offer a remedy of their own in the form of a tight spending cap.
Since these constitutional changes can not get a two-thirds vote in the legislature (assuming the Democrats don’t pick up the seats they need to secure a two-thirds majority) then either or both measures would have to be put on the ballot by initiative.
And, whether these measures are on the special election ballot may depend on how some judges read the constitution.