patching...
Welcome back, Patch Blogger!

Petitioning for an Easier Referendum Law

Activists say it's easier to meet the state's standards for referendums than to petition a county law to the ballot.

 

 

A group of county activists wants to make it easier to petition county laws to the ballot and, ironically enough, the group's effort begins with a petition.

Ann Miller, a Republican activist, is one of a number of volunteers who spent election day collecting signatures on a petition to change the Baltimore County Charter.

If successful, the change to the County Charter would mean that voters seeking to challenge a law by referendum in the future would need to collect the signatures of less than 8,700 registered county voters to get an issue on the ballot.

Miller and volunteers working with her are learning first-hand the difficulties in petitioning a county law to referendum as they attempt to collect enough signatures to overturn a recently passed transgender anti-discrimination law.

No law passed by the Baltimore County Council has ever been petitioned to referendum since it moved to home rule in the mid-1950s.

Miller and others say that's because requirements in the County Charter are too strict.

"Right now, at 10 percent, it's nearly impossible to petition a law to referendum," said Miller.

The County Charter requires petitioners to collect the signatures of registered county voters equal to 10 percent of the total number of votes cast in the county in the most recent gubernatorial election. That's 28,826 verified signatures, based on the 2010 election.

Petitioners can buy some extra time if they can collect 9,513 valid signatures in 30 days. The Board of Elections usually recommends that petitioners collect twice the required signatures in order to overcome typical rejection rates.

The balance of the signatures would be due in another 30 days.

By contrast, state laws can be petitioned to the ballot by collecting  signatures equal to 3 percent of the total votes cast statewide for governor—nearly 56,000 signatures based on the 2010 election.

Al Nalley, a Catonsville resident who is helping spearhead the drive to change the County Charter, said the group first approached several council members looking for support for a bill to change existing law. In the end, the support wasn't there.

"We decided to drop it and go with a petition drive," said Nalley.

Unlike some states, there is no ability to pass laws through ballot initiatives in Baltimore County. Voters can only attempt to strike down laws passed by the council.

Voters can, however, change portions of the charter by petitioning it to the ballot—a process that takes about 10,000 signatures of registered county voters.

County Attorney Michael Field said the process is completely legal and has been done successfully—most recently in 2002 and 2010—by unions seeking collective bargaining rights.

Ella White Campbell, executive director of the Liberty Road Community Council, said the change is needed.

"It's really a problem because there is so little time to collect the signatures," said White Campbell, who last fall helped spearhead an unsuccessful attempt to petition the County Council redistricting plan to the ballot.

"As long as the law stays the way it is, petitioning a bill to referendum will be a difficult job," said White Campbell.

Related Topics: Al Nalley, Baltimore County Charter, Baltimore County Council, Baltimore County Council Redistricting, Michael Field, ann miller, and transgender anti-discrimination law

Brandon

10:36 am on Thursday, April 5, 2012

Petitioning the government to deny anyone their civil rights SHOULD be difficult. In reality it should not happen at all. I personally do not believe we need to make the referendum process easier on the county level; we should make it more difficult on the state level. When 3% of the state's population can change a law that the majority of elected officials put in place the referendum process corrupts democracy. If these rights are truly inalienable we should not be voting on them.

Reply

John Doby

1:17 pm on Thursday, April 5, 2012

How would pushing laws to referendum corrupt democracy? Elected officials should be voting based upon the wishes of their constituents. If the referendum determines that the constituents do not agree with the law, then the representatives did not vote accordingly. So referendums would insure that the democratic process is being followed.

Reply

Brandon

1:22 pm on Thursday, April 5, 2012

I have already answered that question. When 3% of the voter base can cause an action to overturn the majority's passage of a law the power structure tilts toward the minority having control over the majority.

Reply
Comment_arrow

Mike Pierce

4:20 pm on Thursday, April 5, 2012

Apparently you don't understand what a referendum is. 3% can force it to a ballot, where 50%+ have to agree to overturn passage of a law.

John Doby

1:32 pm on Thursday, April 5, 2012

Maybe I'm confused as to what a referendum is exactly. A vote given directly to ALL constituents would include both minorities and majorities. Politicians do not always follow what their constituents believe or want and giving the vote directly to the people is democracy in a very simple form. Again, how does this corrupt democracy?

Reply
Comment_arrow

Paul Amirault

2:40 pm on Thursday, April 5, 2012

I read different. 29,000 to referendum. 10,000 to change charter. Per the article.

Paul Amirault

1:47 pm on Thursday, April 5, 2012

See California? See what their "propositions" have done. Simply nuts.

Reply
Comment_arrow

John Doby

2:06 pm on Thursday, April 5, 2012

California - same planet, different world. The propostion process in CA is different, plain and simple. This is a referendum not a propostion. Apples and oranges.

Comment_arrow

Paul Amirault

2:14 pm on Thursday, April 5, 2012

Not as it applies to charter amendment.

Comment_arrow

John Doby

2:30 pm on Thursday, April 5, 2012

From what I've read, they want to be able to send a law to referendum with a lower amount of signatures. They are not asking to be able to proposition laws.

Paul Amirault

1:50 pm on Thursday, April 5, 2012

John, if 50.1% want to ban the teaching of evolution in schools and I only need 3% to get it on a ballot, that corrupts democracy. Should an elected representative vote for that. How does the rep know what we want? Watch the wind? Representatives are elected to lead, not be robots.

Reply
Comment_arrow

John Doby

2:08 pm on Thursday, April 5, 2012

And that would be unconstitutional and could be taken to the judicial system for a review. It’s the simple checks and balance system that makes our form of democracy so great.

Comment_arrow

Paul Amirault

2:13 pm on Thursday, April 5, 2012

Banning the teaching of evolution unconstitutional? Why? I made no reference to religion.

Comment_arrow

John Doby

2:31 pm on Thursday, April 5, 2012

Whether you want to believe it or not, teaching evolution is protected by the freedom of religion.

Comment_arrow

Paul Amirault

2:38 pm on Thursday, April 5, 2012

Source? As you are right, I don't, but would love to read it. School boards do all sorts of things, usually cloaked in religion. But I don't believe learning evolution is constitutionally protected.

Comment_arrow

Paul Amirault

4:19 pm on Thursday, April 5, 2012

From what I read, the ruling was that the banning by Tenn. of teaching evolution was religiously based, thus the overturning based on he establishment cause. Sadly, it would be an interesting case with today's SCOTUS make-up.

Sharon Brackett

2:03 pm on Thursday, April 5, 2012

Just to be clear, as always seems to be the case with Mr. Sears reporting the following statement is inaccurate:

"Miller and volunteers working with her are learning first-hand the difficulties in petitioning a county law to referendum as they attempt to collect enough signatures to overturn a recently passed transgender anti-discrimination law."

The signatures in sufficient amount only allow the matter to appear on the ballot, they will not overturn the law as implied. The good people of Baltimore County would get to vote on that should they be successful in getting the signatures. And the reality is countering the will of the freely elected county council should be hard. And in specific should this effort succeed there are many who would then seek to exclude civil rights legislation from the referendum process in the county.

Reply
Comment_arrow

John Doby

2:11 pm on Thursday, April 5, 2012

Thank you for understanding the definition of referendum.

Brandon

2:09 pm on Thursday, April 5, 2012

part 1.
You are pointing to the opportunity for everyone to vote. I am pointing to the number of people who can challenge a referendum. Let’s focus on my point if you want to challenge me.

If it only took ten people to challenge any law every law would be challenged because there are always those who disagree with any law. If we lived in a society where every law could be challenged, then we would have chaos. If it took 90% of the voters to challenge a law we would essentially guarantee that nothing was ever challenged. I believe the current threshold to bring on a referendum is 10% of the number of people who voted for Governor in the last election. According to the census, there were 805,029 people living in Baltimore County in 2010. And according to the numbers in this article (for which I couldn’t find verification) the challenge law in Baltimore County requires 28,826 verified signatures. If the math is correct, that means 288,260 people voted for Governor in the 2010 election.

Reply

Brandon

2:10 pm on Thursday, April 5, 2012

Part 2.

So the law allows for 28,826 to overturn a law that was put in place by a group of elected officials who were elected by a majority of the County voters.

What I am saying is 29,000 people are could potentially overturn a law that 144,000 people agree with. Why on Earth would we want to make that 29,000 smaller?

We elect officials to run the legislative process for us because we need to work to support ourselves. We need to be preoccupied with living our lives.

The kind of scenario that the folks who want to put everything to a referendum want is to cause political confusion of all levels which will work to disenfranchise all of us.

This legislative structure is efficient because we cannot all be thinking about each and every law on the county level, on the state level and on the national level. I say vote them out if you don’t like the laws they write and vote them back in if you like their laws. Voting them in or out is democracy.

Reply
Comment_arrow

John Doby

2:35 pm on Thursday, April 5, 2012

If there truly has never been a referendum in Baltimore County, then the percent needed for a law to be sent to referendum is too high. Far too many laws are created and put in place compared to the amount of laws that are repealed. As far as the minority winning over a majority, it wouldn’t happen unless the majority that voted when the vote count was taken stopped voting. It is possible that the majority of the voting population is an actual minority of the total population of people who are allowed to vote. No matter what though, the majority of those voting would get their way.

Comment_arrow

Brandon

2:45 pm on Thursday, April 5, 2012

No, It doesn't mean that at all. It means sine the 1950's when voters gained this right the use the referendum process no one has attempted to use it. If you can show me evidence that some one or some group has made an attempt I will eat my words.

Comment_arrow

John Doby

2:56 pm on Thursday, April 5, 2012

It could mean that no one attempted to use the process, but I doubt it. It’s very hard to believe that in ~60 years, no group of people has been upset with a particular law that was implemented (Again, going back to the amount of laws passed each year compared to the amount repealed). It’s more likely that the group(s) could not get enough signatures for a law to be sent to referendum or that people were not aware that this process was available to them.

Comment_arrow

Brandon

3:04 pm on Thursday, April 5, 2012

Referendums are REAL LIFE. There will be a record. Show me the record. I will not accept "probably".

Comment_arrow

John Doby

3:11 pm on Thursday, April 5, 2012

Brandon, there has never been a law sent to referendum in Baltimore County according to this article. Therefore, there would be no record because there has never been anything to record.

Comment_arrow

Brandon

3:22 pm on Thursday, April 5, 2012

I haven't disputted that. I believe you said there has never been an attept. There is a difference between "never having been attempted" and "never successfully taken to refferendum."

Comment_arrow

John Doby

3:36 pm on Thursday, April 5, 2012

Brandon, I used “attempted” as a direct response to your statement “No, It doesn't mean that at all. It means sine the 1950's when voters gained this right the use the referendum process no one has attempted to use it. If you can show me evidence that some one or some group has made an attempt I will eat my words.” I cannot show you any attempts because I do not know if attempts are recorded somewhere. It would be my suspicion that failed attempts are not recorded and only successful attempts would be recorded.

Comment_arrow

Mike Pierce

4:24 pm on Thursday, April 5, 2012

Brandon, before you write more comments, please get the facts striaght! No one said that 28,826 people could overturn a law.

Comment_arrow

Brandon

6:08 pm on Thursday, April 5, 2012

You are right. I should have said 28,826 can bring the issue to ballot for 805,029 people. What I am saying is that is a terribly small number of people in our community.

Paul Amirault

2:46 pm on Thursday, April 5, 2012

Interesting civil discussion. What a nice change. That said I must admit I have a basic problem trusting our voting public. To vote in the 1700's you generally had to be a property owner (and male :-(). Today 18 years old is enough. <:-((

Reply

Chillin

11:35 pm on Thursday, April 5, 2012

Very good points made here, but if only 13 percent of Baltimore County's registered voters deposited a ballot this past election (as per Patch's recent article), even all efforts for an easier referendum will be fruitless. Apathy has settled into our citizens. Despite claims of hard economics times by many, we are apparently feeling quite content as a nation. People don't get off their dead asses to vote unless they are feeling real pressure from some type of adversity. We have become a country of spoiled citizens more interested in March Madness or who the Kardashians are banging this week than in who is making the laws that affect our lives. These pathetic non-participating citizens really are probably to stupid to understand the details of any law that would be presented to them in a voting booth, and they really have no business pulling a lever. What a shame.

Reply
Comment_arrow

Skip727

5:59 am on Friday, April 6, 2012

Well said! Enough said!

Comment_arrow

Brandon

7:24 am on Friday, April 6, 2012

I'm not sure we are content. If "they" can keep us struggling two things happen: 1) we feel like we have no impact, and 2) we are distracted with trying to keep our financial heads above water.

The second is more than a distraction. If we have no money left to make even a small donation to the candidate of our choice those with deep pockets will have that much more advantage over us regular people.

Chillin

9:19 am on Friday, April 6, 2012

@Brandon. Maybe "complacent" is a more appropriate word for these folks I'm referencing. The word "content" implies that they are aware of what's going on around them, and are quite happy about it. "Complacency" describes the emotion these lazy citizens feel when they have enough money to renew their $150 cell phone account for another month and enough to complete the dragon tattoo on their neck that they've been working on for the past three years. Everything they see coming through their 86 inch Hi-def plasma on the 216 channel cable plan looks sweet. Their mantra is "Hey man, why should I vote? The folks taking time from their busy day to bother voting seem to be voting the right people in, because the all-you-can-eat buffet is still just $8.99. What a country our forefathers have forged for us into eternity."

Reply

Leave a comment