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ASSAULT ON INITIATIVE PROCESS ADVANCES IN ALASKA LEGISLATURE
Alvin Anders
Friends of freedom and the democratic process,
Sad news, the assault on the initiative process, HJR 5, has advanced out of the House State Affairs Committee. Its fate is now before the House Finance Committee. Unfortunately, this committee is co-chaired by Rep. Williams (R) - Saxman, the bill?s perennial sponsor, and vice-chaired by Rep. Meyer (R) - Anch., the bill?s only co-sponsor.
Nonetheless, we need to make our voices heard and let this committee know that this bill should not be passed.
The putative reason given by those wanting to make the initiative process more onerous (increase the signature distribution requirement) is to include far flung communities in the initiative process. However this initiative is not the best or lowest cost way to do that. Moreover, this reform will still not include areas outside the road system. The best way to do that is to make the petitions a one page form that is posted on the Division of Elections website. This will also save the state a lot of money in printing costs.
What raising the distribution requirement will do is mean that circulators have to get hundreds of signatures in very low density districts. This will be extremely expensive. Worse is that some districts may have very few places that may allow petitions. Already marijuana reform backers are being sued by Fred Meyers and Wal-Mart to prohibit petitioning on their property. However Carrs grocery store allowed signature gatherers to collect signatures inside their store to make marijuana illegal in 1990. If businesses won?t allow petitioning then circulators will need to resort to circulating only on government property. However the Post Offices are in federal court to stop petitioning. So where does that leave to get signatures?
Moreover, the legislature previously capped signature pay at $1 per signature. Imagine standing in front of the only place in town that allows signature gathering, perhaps the library in Glenallen or Seward. A circulator under these conditions might be getting five signatures an hour. And a petition cannot be left on a counter for supporters to sign, the circulator has to stand there and witness the signature.
Below are the committee members, their phone numbers and their email addresses. Please note that phone calls are the most effective; then written testimony before the committee, then email messages. Please do all three, particularly if you live in one of these representatives districts.
In liberty,
Alvin A. Anders "Thus, we conclude that citizens of the State of Alaska have a basic right to privacy in their homes under Alaska's constitution. This right to privacy would encompass the possession and ingestion of substances such as marijuana in a purely personal, non-commercial context in the home"
Ravin v. State, Alaska State Supreme Court, May 28, 1975, Justice Jay A. Rabinowitz " Ravin was founded in the Supreme Court's interpretation of the Alaska Constitution. The legislature - nor for that matter the people through the initiative - cannot "fix" what it disliked in an interpretation of that document by legislation. The only way to "fix" the Constitution is by the amendment process or a new convention. The initiative was inadequate to overrule Ravin and that case remains the law." State v. McNeil, 1993, Michael A. Thompson, Superior Court Judge "As a legal matter, McNeil was correct in deeming the Initiative irrelevant. The Alaska Constitution is the fundamental law of Alaska and all other state laws gain their legitimacy from that charter. The Alaska Supreme Court is the ultimate interpreter of the Alaska Constitution, and, in Ravin, it made a specific interpretation as to what the constitutional privacy right encompasses. It is axiomatic that neither a voter initiative, nor any other legislation short of a constitutional amendment, can undo the legal effect of Ravin."
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