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The LB39 Maneuver

February 19th, 2008 by David

In Nebraska, voters had to pass state legislative term limits three times before they were finally allowed by the courts to become the law of the land. Paul Jacob, president of Citizens in Charge, suggests that since Nebraska lawmakers can’t always derail term limits and other unwelcome citizen-passed laws after the fact, they’re now trying to destroy the right of citizen initiative itself by the usual method of encumbering it to death.

In last Sunday’s column for Townhall, Paul discusses anti-initiative legislation proposed by an outgoing Nebraska lawmaker evicted by term limits.

What would LB39 do? First, it outlaws paying circulators based on the number of signatures collected. So, what else would determine the pay of those circulating a petition? Paying hourly dramatically ups the cost of petition drives, which is, of course, the goal. That’s simply because it destroys any incentive to work hard, since someone standing on their feet in the hot sun asking everyone they see to sign the petition would be paid the same as his or her colleague sitting under a shade tree talking to friends on the cell phone.

LB39 would also forbid hiring professional petitioners from other states, or even allowing volunteers to cross state lines to assist.

Funny, these legislators forgot to outlaw their own use of out-of-state campaign managers, pollsters, advertising firms, etc.

Both restrictions are, at best, constitutionally questionable. They dramatically impair the ability of citizens to associate and to effectively speak out (I have italicized the keywords here; please cross-reference with the First Amendment). This is not likely an unintended consequence, but the very purpose of this legislation, and of other, similar bills so often advanced by politicians elsewhere.

For more of Paul’s analysis, click here. Governor Heineman vetoed the legislation but, alas, there’s word now that the legislature has overriden his veto.

Lawmakers turned back the governor’s veto of a bill (LB39) requiring petition circulators to be residents of the state and at least 18 years old.

By overriding Heineman’s veto, lawmakers also ensured it will soon be against the law for petition circulators to be paid on a per-signature basis.

Gov. Dave Heineman had said he didn’t think the people’s ability to petition the government should be restricted.

Paul’s Townhall columns are achived at townhall.com/Columnists/PaulJacob.

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