Right to petition
The right to petition the government is the public’s most powerful tool in keeping elected officials accountable. That’s why politicians, once they taste the sweet nectar of incumbency, consistently attempt to limit the electorate’s ability to petition.
Last week, Secretary of State Ross Miller ascended his throne as Nevada’s top election officer and, by decree, changed the way the state has handled initiatives and recall elections for more than a decade, severely restricting the ability of voters to petition for redress of grievances.
Previously, if the constituents of a particular jurisdiction were fed up with their elected representative, any voter registered in that district could sign a recall petition. But Mr. Miller, a Democrat, says we’ve had it all wrong. His interpretation of a 1994 Nevada Supreme Court case holds that only registered voters who participated in the election that put the targeted politician in office can sign a recall petition.
Moreover, Mr. Miller has declared that anyone who signs any kind of petition must provide the address on file with the registrar of voters. If the address doesn’t match county records, it must be clarified by clerks or be declared invalid.
Mr. Miller has it all wrong.
Regardless of whether a citizen voted in an election that put an idiot or a crook in office, that citizen is subject to that official’s representation and therefore has a right to sign a petition that amounts to an expression of no confidence. Additionally, participation in an election does not prove that a citizen voted for or against the targeted official. Why should those who cast a blank ballot, intentionally or unintentionally, be allowed to sign a recall petition, while those who stayed home on Election Day are not?
Additionally, Clark County Registrar of Voters Larry Lomax correctly points out “There is nothing in state law that says you have to keep your address current to be a registered voter.” If a citizen stands to have his petition signature tossed because he forgot to change his address with the registrar, should he also be barred from voting in the next election? Of course not.
Aside from creating more work and uncertainty for county registrars, Mr. Miller’s opinion ensures the courts will be clogged with more petition challenges in the seven months leading up to Election Day. All to protect incumbents from those they serve, and to keep power from the people.
The public needs fewer, not more, restrictions on its right to petition. Mr. Miller should reverse his decision before a judge is compelled to do it for him.