'02 ruling could impact petition drives

The current requirement for a referendum is 10 percent of the number of registered voters (who voted in the prior gubernatorial election) in 15 of the 29 counties. This geographic requirement, as clearly articulated in the Gallivan decision, is null and void. Therefore, the only likely hurdle in current law for the sponsors of a referendum is just 10 percent of the registered voters who voted in the prior gubernatorial election, regardless of where they reside. Obviously, this nuance is prompting intellectual debate amongst legal circles, and entertaining discussions among politicos.

Intriguing questions are now beginning to emanate:

What does an application of the Gallivan decision mean to the current petition drives?

Both the anti-voucher and the anti-soccer stadium campaigns are traveling around the state to collect enough signatures in 15 counties. But this could be a waste of time. All they need are some ambitious signature gatherers at TRAX stations, shopping malls and other populated venues.

So who benefits from this development?

Advocates for the soccer referendum don't have the structure for a comprehensive statewide campaign. Further, Utahns outside of Salt Lake County likely don't care about the stadium project because they won't be taxed to fund it. However, polls show that a majority of Salt Lake County residents oppose the stadium, and advocates could more easily collect signatures from inside the county. Then they could dump the signatures on the lieutenant governor's desk and dare him to not certify the referendum in light of the Gallivan decision.

The other odd twist is that the anti-voucher campaign actually maintains significant support in rural counties. Thus, the anti-voucher group is aggressively seeking to comply with the old law. However, the Gallivan decision prevents any signature rescission efforts by the pro-voucher organizations.

Does this change the dynamics for a petition campaign?

Absolutely. In prior years, oftentimes there were contests within the counties between opponents and proponents of ballot measures. Because of the Gallivan decision and the Senate district requirement, ballot measures in the early process have become more of a statewide effort.

Does this change the current controversy regarding the voucher referendum as to the fact that two voucher statutes were passed and the referendum addresses only one?

It's possible. Should the attorney general or some other legal authority opine that the voucher referendum is flawed, proponents may not have enough time to recirculate the petition around the state. The Gallivan decision provides a last-minute alternative.

If any of the petition sponsors apply the Gallivan decision to the referendums, will there be a lawsuit?

Of course. But look on the bright side, this will generate animated discussions and arguments among politicos — especially between Frank and LaVarr.

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Republican LaVarr Webb was policy deputy to Gov. Mike Leavitt and Deseret News managing editor. He now is a political consultant and lobbyist. E-mail: lwebb@exoro.com. Democrat Frank Pignanelli is a Salt Lake attorney, lobbyist and political adviser. A former candidate for Salt Lake mayor, he served 10 years in the Utah House of Representatives, six years as House minority leader. Pignanelli's spouse, D'Arcy Dixon Pignanelli, is a Utah state tax commissioner. E-mail: frankp@xmission.com.