[EL] Secret signatures and secret ballots

[Volokh, Eugene]

                I've often heard the argument that "signing an initiative does not imply support or opposition to a proposal," but my sense is that it's something of an overstatement.  To be sure, signing an initiative petition - or for that matter donating money to the petition effort - is not logically equivalent to support for the proposal.  But I suspect that it pretty strongly correlates to support for the proposal, which is precisely why some opponents of initiatives criticize (or even try to ostracize and threaten to boycott) those who donate money to support the petition.  The correlation isn't perfect, but it's enough, I think, to lead many signers to worry that they'll be penalized in various ways for their signatures.  I agree that refusal to sign is less telling of opposition to a proposal, but a signature is pretty telling of support.



                Let me ask a follow-up question:  What about signatures of recall petitions?  Should they be treated differently from outright votes to recall a candidate, on the theory that "signing a recall petition does not imply opposition to the office-holder who would be recalled"?



                Eugene



> -----Original Message-----

> From: Paul Gronke [mailto:paul.gronke at gmail.com]

> Sent: Tuesday, October 18, 2011 9:09 AM

> To: Volokh, Eugene

> Cc: law-election at uci.edu

> Subject: Re: [EL] Secret signatures and secret ballots

>

> Eugene

>

> It's an interesting set of comparisons, but after reflecting on it,

> you have me wondering more about why citizen votes on an initiative

> should be secret!  I suppose it has something to do with the

> initiative and referendum process emerging after the secret ballot.

> I'm not sure anyone ever considered that an initiative vote, if

> analogous to a legislative vote, should be public.  There is also a

> mechanical problem when you have candidate votes on the ballot.  But

> that's just brainstorming.

>

> I am less convinced by the comparison of initiative signing and

> lawmaking.  Signing an initiative does not imply support or opposition

> to a proposal--it simply indicates a willingness to have the issue on

> the ballot.  As such, isn't it simply speech, indicating "Yes, I think

> that this issue is sufficiently important to be subject to a citizen

> vote." ?  The analogy is not to a legislator voting to pass a piece of

> legislation, but a legislator expressing some willingness to allow

> debate on a measure.  (Admittedly, no legislature has a rule where a

> certain number of members must positively assert "Yes, I endorse a

> motion to consider this piece of legislation" but that's the only

> analogy I can make to a petition signature.)

>

> I almost never sign petitions, for example, regardless of the issue,

> because I don't like the initiative and referendum process in Oregon

> which has polluted our Constitution with statutes.  My refusal to sign

> says nothing about my issue stance.

>

> ---

> Paul Gronke

> Professor, Reed College
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