January 29, 2010

To: Our thousands of supporters throughout the state (cc'd to all media outlets -- reporters, columnists, editorial writers, and others in newspapers, radio, and TV -- House & Senate members, and the Governor)

From: Tim Eyman, Jack Fagan, & Mike Fagan, ph: 425-493-9127, email: tim_eyman@comcast.net, http://www.VotersWantMoreChoices.com

2 reasons to be against 2 anti-initiative bills: (1) the system is working (2) opponents want to stop it from working
Opponents know that if they can stop the people who collect signatures, then there is no initiative process
House Bill 2613 and 2614 are the 2 bills that anti-initiative politicians and special interest groups want the most - here's why

Here's 2 reasons to be against 2 anti-initiative bills:

(1) There is no problem -- to infringe on core political speech, which is what initiative signature gathering is and which is protected by the First Amendment (government shall make no law abridging the freedom of speech ... or limiting the right to petition the government), the government must have a compelling governmental interest -- there is none here. In Washington state, the system is working. There hasn't been a rash of scandals involving signature fraud or forgery -- in fact, there hasn't been any. 10 years, 10 million signatures, zero instances of verified forgeries or fraud. Invalid rates for signatures are lower than they've ever been -- existing laws and the Secretary of State's policies are clearly working. The Secretary of State didn't ask for these bills, isn't endorsing these bills, isn't supporting these bills. If he thought there was a problem, he would -- he's not.

(2) "If you see a signature gatherer, we suggest you ask signature gatherers if they are being paid, find out their names and take their pictures (alone). 'We would like to identify as many as possible.'" "Keep an eye out. The best way to beat this is at the signature gathering stage. Please let us know if you see those paid signature hunters in your area and let them know in no uncertain terms what their job will do to your job! Every signature we stop is one more Eyman has to pay for." "If you see a signature gatherer, call us. We want to do all we can to stop them." Washington State Council of County and City Employees (AFSCME - AFL-CIO). Here's more with pictures.

For years, this union and other unions and special interest groups have coordinated nationally to shut down the initiative process state-by-state with 'regulate-to-death' strategies. They've fabricated groups like the Ballot Initiative Strategy Center, Progressive States Network, Voter Education Project, and other union-funded front groups to push politicians to pass anti-initiative bills.

Their favored attack: target the people collecting signatures -- shut them down, shut them up.

Without folks willing to ask fellow citizens to sign petitions, there is no initiative process. That's why opponents target them. Fear, intimidation, retaliation, that's their mission. The end-justifies-the-means. Sam Hunt's HB 2613 & 2614 require ANY PERSON who collects signatures to publicly identify themselves to the government (made available to opponents) with their names, personal signatures, and home addresses (both bills do that). This allows opponents to create a "MOST WANTED" hit list. HB 2613 goes further by prohibited people from collecting signatures unless they first register with the government (made available to opponents), get licensed, receive mandatory training, provide name / signature / home address / headshot photos (made available to opponents), be subjected to criminal background checks, and other mandates. This also facilitates a "MOST WANTED" hit list of folks collecting signatures with maps to their homes and places of work with headshot photos to ensure accuracy on targeting. These burdensome, intimidating hurdles will deter most people from collecting signatures. The right to participate by asking fellow citizens to sign petitions in core political speech, protected by the First Amendment, and we cannot allow it to be taken away, especially when there is no problem -- see (1).

Unlike the current debate over petition signers, who some argue are acting as citizen legislators and so have no right to privacy, the courts have been emphatic that signature gatherers do have the right to privacy because they are merely facilitating other citizens' participation in the petition process. Our state's own Shawn Newman, Olympia attorney and head of Washington state's chapter of the Initiative and Referendum Institute, successfully challenged a Washington state law like this one before. The 9th Circuit struck down a 1993 Washington state law that required the names and addresses of people collecting voter signatures for ballot measures to be publicly reported. They ruled that citizens who ask voters to sign petitions have a right to anonymity ("There can be no doubt that the compelled disclosure of this information chills political speech."). People who gather signatures are regularly harassed (http://www.voterswantmorechoices.com/harassment.asp) and forcing them to publicly identify themselves and provide their photos and home addresses to the government and initiative opponents will make them even more susceptible to intimidation -- many will decide not to participate (see excerpts from affidavit by Cle Elum's Erma Turner below). Citizens should not be deterred from exercising their free speech rights because of a legitimate fear of retaliation caused by laws like this.

From: Tim Eyman, Jack Fagan, & Mike Fagan, ph: 425-493-9127, email: tim_eyman@comcast.net, http://www.VotersWantMoreChoices.com

DECLARATION REGARDING INTIMIDATION & HARASSMENT OF INITIATIVE PETITIONER

I DECLARE, UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF WASHINGTON, THAT:

I'm a small business owner and I've collected signatures for initiatives for a lot of years. But with the bills the Democrats are putting forth, I'm getting scared about doing this anymore. When I have to sign each petition with my name, address, and phone number under oath, and possibly get a license, letting opponents know where I and my family live, it's getting scary.

...

I can imagine and fear someone like this who is against an initiative I am promoting, coming up to me and asking to see if I've signed my name, address, and phone number. I feel that it's not worth putting myself and my family in jeopardy any longer.

There are a lot of idiots out there trying to sabotage our right to petition so it's really scary.

While I hope to continue exercising my right to petition free from intimidation, if any of these bills pass, then I won't be able to do any more signature gathering. I'm sorry; it's just too frightening for me.

Erma J. Turner, Cle Elum, WA