Washblog

Eyman is still full of crap (fraud and paid per signature ban)

Update [2007-1-26 18:36:46 by emmettoconnell]: Horsesass and McCranium have more.
It's ridiculous they would be passing a law the courts have already rejected. It's not a similar law; its the exact same bill as in 1993.

Eyman quoted in the Olympian this morning about the paid per signature ban, and he's showing his loose grip on the facts. In the quote, he's referring to HB 1645, a paid per signature ban passed by the legislature in 1993 and overturned a year later in LIMIT v. Maleng.

Eyman and folks like Stephan Sharkansky would like you to believe that the court had a problem with any sort of ban on how signature gatherers are paid, but that simply isn't true. What the court had a problem with is that at the time, the state didn't produce any evidence about fraud connected to signature gatherers being paid per signature, therefore the ban overstepped constitutional bounds.

From the Jaeger decision:

In LIMIT v. Maleng, 874 F. Supp. 1138, 1140 (W.D.Wash. 1994), the state did not produce any evidence to support its contention that paying circulators on a per signature basis would encourage fraud. Therefore, the district court found that the prohibition on payment per signature was an unconstitutional infringement on freedom of political speech.

Its not that they didn't produce some evidence of fraud, and the court didn't believe them, they didn't produce any evidence. The origianal law was badly defended. Given a fair shake, like a similar law in Oregon, it would likely be upheld by the courts. In the Oregon case, the state was able to show that fraud was connected to the paid-per-signature model, and the court upheld the law.

< Information about Transportation to and Rally at Watada Trial | Paid per signature ban has worked in Oregon >
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