Lack of cash, organization doomed ethics initiative

The effort by Utahns for Ethical Government to create an independent ethics commission through the citizens initiative process has taken some interesting twists and turns. Not enough signatures were obtained to place the proposal on the 2010 ballot, but backers say they can continue to gather signatures until Aug. 15 and place the proposal on the 2012 ballot. A number of questions need to be answered.

Polls consistently demonstrated substantial support among Utahns for the ethics initiative, yet supporters failed to garner the necessary signatures. Why?

Pignanelli: "When I have to choose between voting for the people or the special interests, I always stick with the special interests. They remember. The people forget." — Sen. Henry Fountain Ashurst, D-Ariz. With experience in sponsoring and defeating initiatives, I know a successful initiative effort requires significant cash and substantial passion to collect more than 100,000 signatures. For example, the 2007 referendum to reverse the voucher legislation was financed by teacher associations, and thousands of volunteers across the state were personally engaged in the cause (motivated by fear of state financing of private education). Conversely, UEG lacked the resources for paid signature gatherers. Also, while Utahns may tell pollsters they care about political ethics, the concern does not foster a massive volunteer action. Without a sugar daddy and strong emotions, the ethics initiative came up short.

Webb: It's pretty simple. The supporters didn't work hard enough, didn't organize well enough and didn't make their case. Lots of people knew the Legislature has aggressively addressed ethics reform and the UEG proposal isn't necessary.

A legal chasm exists between what UEG is saying about being able to extend signature gathering and qualify for the 2012 ballot, and what some legislative leaders are saying. Who is right?

Webb: Unlike Frank, I'm not a slick-mouthed attorney/lobbyist, so my opinion is worth what you're paying for it. But attorneys even smarter than Frank tell me the one-year period in the law means petitioners can't take more than a year to gather signatures, but a statutory deadline, in this case April 15, can certainly be set short of a year. In a court case, I think UEG loses.

Pignanelli: Unlike LaVarr, I am not some flaky PR consultant who can blissfully ignore the details. Utah law 20A-7-202 (4)(a), regarding the statewide initiative process, states: "The sponsors shall qualify the petition for the regular general election ballot no later than one year after the application is filed." UEG has until Aug. 15 to gather the signatures to qualify for the 2012 ballot.