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Tuesday, August 25, 2009

R-71 Signers Didn't Have to Be Registered Voters When They Signed the Petition

Posted by Dominic Holden on Tue, Aug 25, 2009 at 6:27 PM

People who signed anti-gay Referendum 71 may not have been registered voters at the time, but state elections officials say they will count their signatures anyway. As Box Turtle Bulletin noted, the secretary of state's office defended the state's legally murky position today on its blog:

There is no deadline for registering to vote for purposes of qualifying an initiative or referendum; as a practical matter, the deadline is the date that the signature on the petition is checked. Checkers are instructed that a signature on a petition is valid if they find a person with the same name in the voter registration file, and the signature on the petition matches the signature in the voter registration file. The registration date has never been a limiting factor.

Secretary of state's office spokeswoman Christina Siderius, who wrote the blog post, says the problem arises because the state cannot determine the date people signed the petition—and thus cannot determine if they were registered to vote at the time. State law doesn't require petition signers to include the date they signed next to their name. "It becomes a little more difficult for us to sit around and speculate when someone registered and when they signed," she says. According the office's interpretation of the rules, she says, "Our policy basically states that if you are a registered voter when we check the signature, then we we count it."

In practice, this means a person could sign the petition but wait weeks or several months before registering to vote, which could violate state law:

When the person proposing any initiative measure has obtained signatures of legal voters equal to or exceeding eight percent of the votes cast for the office of governor at the last regular gubernatorial election prior to the submission of the signatures for verification, or when the person or organization demanding any referendum of an act or part of an act of the legislature has obtained a number of signatures of legal voters equal to or exceeding four percent of the votes cast for the office of governor at the last regular gubernatorial election prior to the submission of the signatures for verification, the petition containing the signatures may be submitted to the secretary of state for filing.

The law seems to present at least one deadline to register: "the submission of the signatures for verification." In the case of R-71, that submission date was July 25. So logically speaking, it would seem that the elections workers shouldn't consider any voter registration after July 25. But someone who signed the petition in June need only to have registered to vote this week, so their signature would still count.

Washington Families Standing Together, which coordinated a "decline to sign" campaign, is alarmed that the state may be violating the law. Spokesman Josh Friedes says, "We think the law is quite clear and we are concerned that the law is not being followed." He adds that the group is considering its options.

Why the fuss? R-71 is running on a razor thin margin between having enough signatures to qualify for the ballot, thereby putting domestic partnership rights for same-sex couples up to a public vote, or failing to make the ballot. As of today's report from the state elections division, 110,288 signatures have been counted out of a total 137,689 signatures submitted. With fewer than one-quarter of the signatures left to review, the petition has an error rate of 11.81 percent (and climbing). The petition needs an error rate of 12.34 or less percent to qualify.

Moreover, the campaign behind R-71 has used lies as a key tactic to gather petition signatures: claiming the measure would require teaching about gay sex in public schools, tricking gay-marriage supporters into signing it, and insisting the measure is about gay marriage licenses when it applies strictly to domestic partnerships.

State law also makes it a crime to sign a petition if you are not currently registered to vote. On the R-71 petition—and all petitions, according to another state law—it says that "Every person ... who signs this petition when he or she is not a legal voter ... may be punished by fine or imprisonment or both." So certainly anyone registered after July 25 could be violating the law. Siderius says sometimes there may be a backlog of voter registration forms; however, yet another state law makes it clear that voter registration forms need to be submitted to the state or counties on a weekly basis.

Siderius explains that she didn't make the law, or decide how the office interprets it, but, she says, "We are just following what has been the standard practice for a very, very long time." She adds, "We understand that this ... may be reviewed by the courts."

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Comments (56) RSS

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1
Has there ever been a clearer argument for scrapping the whole initiative process?
Posted by I Got Nuthin' on August 25, 2009 at 6:27 PM
laterite 2
God this is all kinds of fucked up. This state will do anything to appease the vocal extremist minority. Sam Reed is a pussy.
Posted by laterite on August 25, 2009 at 6:33 PM
Jigae 3
If this does pass, is Approve-71 ready to file a lawsuit. The opposition would do it. Any namby-pamby "We should let the voters prove how tolerant they are" attitude will probably result in us losing our rights. Not because people don't believe in gay rights, but because they're credulous or lazy and don't educate themselves or get out the vote.

They have lies, religion, and fear on their side. We need to act fast before this gets to a point where they can use these seem deceitful tactics at the voting booth.
Posted by Jigae on August 25, 2009 at 6:34 PM
Jigae 4
If this gets enough signatures, Approve-71 need to be ready to file a lawsuit. Any namby-pamby "We should let the voters prove how tolerant they are" attitude will probably result in us losing our rights. This won't happen because people don't believe in gay rights, but because they're credulous or lazy and don't educate themselves and get out and vote.

The opposition has lies, religion, and fear on their side. We need to act fast before this gets to a point where they can use these same deceitful tactics at the voting booth.
Posted by Jigae on August 25, 2009 at 6:34 PM
5
what a bunch of whiny bitches
Posted by The People, United, WILL NEVER BE DEFEATED! on August 25, 2009 at 6:39 PM
6
so what's the current count?
Posted by Or will you wet your pants if you look? on August 25, 2009 at 6:39 PM
Sargon Bighorn 7
PLEASE STOP whining about the use of lies to gather signatures. THEY WILL USE THE SAME TACTIC TO WIN THE ELECTION. They will lie, cheat, beg, borrow, and steal. Grow up, just this once please, and fight. In a street brawl you get ONE CHANCE to win the fight, because you KNOW the other person is gunna fight dirty. And when the election is won and R-71 destroys the Domestic Partnership law, it will have been won because lies will have been used. What ya gunna do about that? Whine?
Posted by Sargon Bighorn on August 25, 2009 at 6:45 PM
8
Look, I get that we don't like this particular position, but isn't the whole "you must follow this exact procedure for your opinion/vote to be counted" a little anti-democratic? I mean, I think registration laws that require advance registration are generally pretty lame and mostly serve to keep people from voting, which is why I think same-day registration is the way to go. Obviously if these folks registered later, they want to vote and care about participating, so why nickle-and-dime it about which day they registered that intent? I get we don't like their opinions (I don't either), but this seems like a shady way to get around them expressing it. Furthermore, I don't think anyone would care about this picky procedural rule if they DIDN'T oppose these folks' opinions, as evidenced by the fact that this issue has never been raised in past petition campaigns, and it seems pretty petty to suddenly get all high and mighty about procedure when the real fight here is over substance.
Posted by sara on August 25, 2009 at 6:49 PM
9
RIGGED. RIGGED. RIGGED. The election officials are RIGGING this election to get this referendum on the ballot to take away gay people's rights. Let's review how election officials have RIGGED the process to benefit the anti-gay BIGOTS that support this awful initiative.

* Election officials LIED to the media, told them the error rate needs to be lower than 14%. In reality it needs to be lower than 12.43%.

* On day five this referendum was NOT going to make it on the ballot then suddenly master fixers came in and "readjusted" the numbers by more than 19% thereby putting this referendum back in play. Gay people raised concerns about the process and guess what the election officials did? Looked at the same rejected signatures again. And you know what the rejected signature percent went down another 10%. Here we have the same rejected signatures looked at at least FOUR times with FOUR massively different numbers.

* The rejected signatures from the first 33,000+ signatures were checked at least FOUR times, twice by junior checkers and twice by master checkers. While the accepted signatures, which accounted for 89% of the signatures, are only counted ONCE.

* Husband and wife checkers, Roger and Valerie gave names to outside people to confirm they signed the petition which is ILLEGAL.

* Rejected signatures are NOW going to get ANOTHER look because according to the secretary of state spokesperson voter registration wasn't "updated." Election officials say that 12% of those already rejected will put in the accepted pile.

* David Ammons told people concerned with the lopsided checking of the signatures basically gay people ain't worth looking at the accepted signatures again. That election officials would only take a look at the already rejected ones.

* Once again as the rejected signature percent neared the 12.43% to stay off the ballot election officials changed the rules and would look once again at only the rejected signatures.

* Counting signatures from unregistered people and those that registered to vote after the petition deadline.

* Counting signatures that went over the allowed 20 per petition.
More...
Posted by Ian B on August 25, 2009 at 6:51 PM
Jigae 10
@7: Exactly!

@8: Isn't it undemocratic (at least as democracy has come to be understood in the modern era) to vote away a minority's rights?
Posted by Jigae on August 25, 2009 at 6:59 PM
11
@8 Agreed. If we are going to have the initiative process, it should be open to new voters too.
Posted by Limey Rick on August 25, 2009 at 7:02 PM
12
@10: Absolutely! Which is why we should challenge this on substance, either at the ballot box or through the courts. I 100% agree that being able to vote away minority rights is inappropriate and deeply, deeply problematic for equal protection reasons (just went through the heartbreak of Prop 8 here where I live in CA last year). However, I don't think the way to stop it is through a petty procedural argument - mostly, I think that will just piss off the other side even more so they're able to come back even stronger next time! (Note: I think this is exactly what happened in Hawaii with the "discriminating against gay people is really about gender discrimination! We swear!" It's not intuitive to folks and it doesn't make the logical, meaningful argument that can be made.)

We should be making the real, solid, legit substantive arguments against this type of thing which might have the added benefit of actually changing some minds rather than pissing them off and convincing these folks that the liberal conspiracy is out to get them.
Posted by sara on August 25, 2009 at 7:07 PM
13
One positive about initiatives is that they register voters.

They used this method of signature validation for abortion rights, public disclosure and other very progressive initiatives.

Trying to stop people from voting is always a bad tactic. If this initiative is disqualified they will just come back with even more vengeance.
Posted by abc on August 25, 2009 at 7:23 PM
Y.F. Redux 14
Breaking News: OT, Republicans/Birthers are demanding to see the Executive Schlong believing un-cut dick is proof of Obama's Kenyan-osity.

http://jezebel.com/5344988/birthers-want…

Seriously, you can't make shit like this up!
Posted by Y.F. Redux on August 25, 2009 at 7:27 PM
15
oh snap! you wrote the blog i was dreaming about writing, lol! well said.

can't believe there are people who say it is undemocratic to follow the law. how hilarious. yes, let's have a lawless free-for-all. anarchy is the ultimate Democracy of One, is it not? lordy.

this is your daily reminder: washington families standing together needs YOU to dog your friends, family and neighbors to donate, to volunteer, to pledge to vote APPROVED if this monstrosity makes it to the ballot, to write a letter to the editor.... need i go on? you know the drill. WAFST.org
Posted by Lurleen http://pamshouseblend.com/userDiary.do?personId=173 on August 25, 2009 at 7:35 PM
16
@ 15: If this thing passes, will you say that it then must be democratic to take away rights from same-sex couples? Just because something is the law doesn't mean it's automatically amazingly good, moral, constitutional, etc.!
Posted by sara on August 25, 2009 at 7:38 PM
kim in portland 17
16: If R 71 makes the ballot, then it must be approved inorder to give same-sex couples rights. A yes vote is needed.
Posted by kim in portland on August 25, 2009 at 7:47 PM
Jigae 18
@13: They're not trying to stop anyone from voting. They're making sure that the (flawed) referendum process is followed to the letter of the law.

However, I'm not sure that registering more voters is always a good thing, especially when they're single-issue or uninformed voter. This goes for liberals and conservatives alike.
Posted by Jigae on August 25, 2009 at 7:53 PM
19
VOTE YES on referendum 1. Gay couples deserve the exact rights heterosexual couples have.
Posted by kyle hey on August 25, 2009 at 7:57 PM
planetspinz 20
This is the slippery slope down which democracy slides when Americans allow tyrannical voting blocs decide that only the Americans they approve of, agree with, accept or tolerate are allowed to have the same constitutional protections as all other Americans. Welcome to the world of the theocRATS,
Posted by planetspinz on August 25, 2009 at 8:16 PM
21
" @13: They're not trying to stop anyone from voting. They're making sure that the (flawed) referendum process is followed to the letter of the law."

Please, the objective is to stop the vote. The referendum process is only flawed to those that oppose this particular one. If the vote is stopped by court action, it will fuel the fire and they will be back.

"However, I'm not sure that registering more voters is always a good thing, especially when they're single-issue or uninformed voter. This goes for liberals and conservatives alike."

Perhaps a poll tax would be a good idea. Obviously, registering voters that disagree with you doesn't help get your POV through.
Posted by abc on August 25, 2009 at 8:22 PM
Loveschild 22
Makes sense. And all seems within lawful limits. The well organized and funded pro gay groups are just tryin to find a way to secure the silencing of the people and nothin else. If they're eligible to vote come November then it shouldn't matter at what point till the day of verification voters have registered. I wonder how many of the signatures previously rejected have been due to this. I hope a serious revisiting of those rejected signatures takes place and that the secretary of state does not kowtow to well funded pro homosexual groups who want to be the ones calling the shots in this process whether thru the intimidation of the signers which they tried to do or thru attempting to throw as much legitimate signatures as they can.
Posted by Loveschild http://www.samaritanspurse.org/index.php/articles/responding_to_haiti_earthquake/ on August 25, 2009 at 8:32 PM
23
Dominic, just curious why the Stranger is not listed as endorsing Approve Ref. 71 on the
Posted by I want Larry Stickney to cry like sore loser on election day on August 25, 2009 at 8:32 PM
24
Okay I'll try this again.

Dominic, just curious why the Stranger is not listed as endorsing Approve Ref. 71 on the approve referendum 71 dot org web site. I looked three times but don't see the Stranger listed there.
Posted by I want Larry Stickney to cry like sore loser on election day on August 25, 2009 at 8:34 PM
Quincy 25
I have collected signatures and I understood that it was OK to have a non-registered person sign the petition if they also at the same time filled out a voter registration form. This would seem to satisfy both the you-must-be-registered-at-the-time-of-signing and the you-must-be-registered-at-the-time-of-verifying laws -- even though the signer will not appear in the voter database until the signature-gatherer (or signer) turns/mails in the registration form. It seems reasonable and fair that the voter registration should be received at the county/state elections office (or postmarked) by the petition filing date. But how a judge might rule on that, I can only guess.
Posted by Quincy on August 25, 2009 at 8:43 PM
Quincy 26
@13 ... just like all those outraged Gore voters came back in 2004 and swept John Kerry into office. Wait, what?
Posted by Quincy on August 25, 2009 at 8:50 PM
Lee 27
How is this legally murky? I fully support R-71 (or, oppose it's being on the ballot, if you will), but the explanation given makes pretty good sense. You can't tie an initiative signature to a specific date, so it's pointless to check whether or not a voter was registered before or after they signed a petition. If they're eligible to register, and they do, their signature should count.

Sometimes democracy doesn't work out in your favor. If that provokes you to oppose the very institution of democracy, you should say so.
Posted by Lee on August 25, 2009 at 8:50 PM
Jigae 28
@21: I'm originally from a state that doesn't do Referendums and Initiatives because they're exactly the tyranny of the majority that representative democracy is supposed to prevent. I'm against this process in general -- but especially against it for ludicrous things that no one has any right voting on to begin with i.e. basic human rights.
Posted by Jigae on August 25, 2009 at 9:00 PM
29
Yes representative democracy may prevent the will of the majority from prevailing but it also allows for the tyranny of the powerful. The initiative processes were included in states that joined the union at later times because of the control the political machines had demonstrated existing states.

Basic rights are protected by the Constitution and it is very hard to change for that very reason.

"@13 ... just like all those outraged Gore voters came back in 2004 and swept John Kerry into office. Wait, what?"

Right, that's a great comparison, not. If this vote is denied on a technicality, they will be back and many people will sign because they think the denial was bullshit.
Posted by abc on August 25, 2009 at 10:17 PM
rob! 30
@14, now we know what Dan's first (and perhaps only) post will be tomorrow.
Posted by rob! on August 25, 2009 at 10:32 PM
31

I'm watching "Factory Girl" about Edie Sedgwick.

It has a lot of gay stuff in it.

Just letting you gay guys know, it has gay stuff.

In case a gay guy would want to go to Blockbuster and pick out a movie that has gay stuff.

Posted by Robert Ebert on August 25, 2009 at 10:44 PM
Cascadian 32
This bears repeating, because supporters of equal rights talk about opposing R-71 all the time.

If/when this gets on the ballot, VOTE YES. A yes vote ratifies the law passed by the legislature. It would have been better to prevent it from getting on the ballot at all, but if it is:

VOTE YES ON R-71.
Posted by Cascadian on August 25, 2009 at 11:23 PM
very bad homo 33
Despite all the legal mumbo jumbo, it is still totally unconstitutional to be voting on the civil rights of a minority. The fact that something so hateful can get on the ballot means that our legal system needs to be fixed.
Posted by very bad homo on August 25, 2009 at 11:41 PM
34
Random headLine Capitalization For the WIN, By An editor, noneTHEless.
Posted by editer on August 25, 2009 at 11:50 PM
Rob in Baltimore 35
22, Loveschild, darling, high school drop out. I know a lot goes over your head, but what part of "State law also makes it a crime to sign a petition if you are not currently registered to vote." do you not understand?
Posted by Rob in Baltimore http://domaflipflop.com/ on August 26, 2009 at 5:23 AM
36
@26
No.
Just like California voters came back with a vengeance to pass Prop 8, and pass it again.
The Right doesn't lay down and give up.
We come back more determined.
Posted by Go ahead, Make our day... on August 26, 2009 at 5:41 AM
37
35 Bob, every time you mention the high school thing everyone (EVERYONE) on slog sees you to be a crass pie-faced jackass.
Posted by get a new bone to gnaw on on August 26, 2009 at 5:44 AM
38
Halt the Hate!

Vote NO on R71!!

Vote NO
Vote NO
Vote NO
Vote NO
Vote NO
Vote NO
Vote NO
Vote NO
Vote NO
Vote NO
Vote NO
Vote NO
Vote NO
Vote NO
Vote NO
Posted by VoteNOVoteNOVoteNOVoteNOVoteNOVoteNOVoteNOVoteNOVoteNO on August 26, 2009 at 5:45 AM
39 Comment Pulled (OffTopic) Comment Policy
Rob in Baltimore 40
Under the equal protection provided by The Constitution, the majority cannot vote away the rights of a minority. Gay marriage and rights are coming. Hateful folks may slow us down, but we will win. Gay people are not going to disappear, or go back into hiding to make scared, hateful folks feel better about themselves. We won't win every battle, but we will win the war. More and more people are starting to back gay rights. If we don't win this time we will go back again and again and again until we do win.
Posted by Rob in Baltimore http://domaflipflop.com/ on August 26, 2009 at 5:59 AM
41
Gays and Lesbians have NEVER won a popular vote. It is because of voter's beliefs - religious beliefs. There is no surprise here.

Until we reject the homosexual lies in the Bible we will continue to suffer the consequences. We're not wrong - Religion is.

Some day, somebody will have the courage to hold Religion accountable. For 2,000 years homosexuals have suffered because of the branding by religion. ALL religion. THAT is the enemy. Stop coddling the enemy. (Not you Dan, but all these inexplicable "gay Christians.") Being part of the Christian Club that defined us as "wrong, sinful and deviant" is beyond delusional - it is aiding and abetting the enemy.
Posted by Religion_Kills on August 26, 2009 at 7:37 AM
42
I find it interesting that Josh Friedes is now getting involved in trying to point out or correct problems with the initiative petition process in Washington State. I was personally warned by Friedes not to make too much of a deal out of the intrinsic deceptive nature of the petition itself and how wording can be used on the petitions (as in the case of Ref 71) to mislead and confuse voters into signing. Friedes' reasoning? To quote, "because progressives use this referendum process in Washington too..." That together with the Sec of State's office telling me that names of signers of Ref 71 should not be published by WhoSigned.org and KnowThyneighbor.org because it would hurt "the integrity of the process." Oh really!!! Holden's latest blog post together with the rest of The Stranger's giving some of the only "sane" take on this process further affirms the need for complete transparency brought to the people and to the LGBT community on Ref 71. It is an honor that after Sept 3rd, we will be posting the names in searchable form and we WILL be able to get to the bottom of so much of this process.
Posted by KnowThyNeighbor.org on August 26, 2009 at 7:43 AM
Chef Thunder 43
#38- If you want to stop the hate (a sentiment that I whole heartedly approve of) you will need to vote to APPROVE referendum 71. I like to think of it this way: we are voting to REaFirm the work the legislature did with this REFerendum. Please make sure you are telling all your friends, families and co-workers that an approve vote will protect LGBT and senior families this is so important.

Washington families Standing Together www.wafst.org the organization working hard to protect the domestic partnership law needs volunteers and money. I know many people have been waiting to give until this qualifies… I have news for you folks it is going to qualify… www.wafst.org needs money now so they can continue to prepare for what promises to be a very ugly fight.

Get involved “all it takes for evil to triumph is for good people to do nothing”. Together we can win this fight.
Posted by Chef Thunder on August 26, 2009 at 7:59 AM
44
Will you all PLEASE stop referring to gays as a minority? Just because statisticians estimated 1 in 10 people is a homosexual does not make it factual. The use of "minority" is based on assumption and it's not as if any one person can identify on-sight a homosexual or lesbian.

If the only people willing to vote are the religious crazies, the laziest of you who don't vote only have yourselves to blame. It's easy to sit behind a computer and kvetch about politics you find disagreeable. Know what's easier? Exercising your rights: obtaining signatures, talking with your representatives, or voting.

Gays aren't losing because of religious crazies, it's because Seattle residents are too lazy to fight back.
Posted by James E on August 26, 2009 at 8:02 AM
Jigae 45
@44: If there are less "homosexuals" than "heterosexuals," homosexuals are a minority. It's not that complicated.
Posted by Jigae on August 26, 2009 at 8:12 AM
46
Where is the ourage in the LGBT community at the way ERW/WFST has run this "campaign"? Why are bigots allowed to lie and cheat to get their way, but queer folks are told to shut up, wait, and donate money? What in the hell is WFST doing with all the money we've been giving them? Why hasn't Gregoire come out publicly against the efforts to repeal the domestic partnerships law she signed (and had a press conference for)?
Posted by I want equality on August 26, 2009 at 9:14 AM
47
Folks, this is not about hate. This is about civil rights. We can't win an anti-hate campaign. We can win a civil rights campaign. It's not about religion. It's about a small, VERY SMALL number of loud bigots forcing their views on the state. WFST must COME OUT OF THE CLOSET and use the words "gay" in their literature. We will not win an abstract debate about "hate". WFST is duplicating the failed strategies of the No on 8 campaign.
Posted by ERW has failed on August 26, 2009 at 9:22 AM
48
URL: http://www.rollingstone.com/politics/sto…

Rollingstone.com

Back to Same-Sex Setback
Same-Sex Setback
Don't blame Mormons or black voters - the California activists who tried to stop Prop 8 ran a lousy campaign

TIM DICKINSON

Posted Dec 11, 2008 11:00 AM

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On election night in California, all signs pointed to a progressive tidal wave. Voters in the state swept Barack Obama to a 24-point victory over John McCain — the biggest margin for any candidate since 1936. Bucking the recession, eco-conscious Californians voted to spend $10 billion to connect San Francisco and Los Angeles with a European-style bullet train. It was even a banner night for chickens, with 63 percent of the electorate approving a PETA-endorsed proposition to expand the size of poultry cages on factory farms.

Then the returns for Proposition 8 came in. The amendment to ban gay marriage — a right affirmed by the state Supreme Court in May and put into practice by more than 18,000 couples — passed by a four-point margin, as Californians voted to eviscerate the equal-protection clause of the state constitution. Along with similar bans in Arizona and Florida — as well as a measure in Arkansas that bars same-sex couples from adopting children or even serving as foster parents — Prop 8 offered hope to the Christian right that their decades-long culture wars may continue to rage, despite Obama's historic victory. All told, more than 2 million Californians who voted for Obama also pulled the lever for Prop 8.

Election postmortems have been quick to scapegoat minorities for the loss. The right pointed out that African-Americans voted overwhelmingly against gay marriage; the left blasted Mormons who obeyed an unprecedented dictate from the church's leadership in Salt Lake City and donated 45 percent of the funds for a campaign to pass Prop 8.

But evidence of entrenched homophobia and religious intolerance obscure a more difficult truth. Prop 8 should have been defeated — two months before the election, it was down 17 points in the polls — but the gay-rights groups that tried to stop it ran a lousy campaign. According to veteran political observers, the No on Prop 8 effort was slow to raise money, ran weak and confusing ads, and failed to put together a grass-roots operation to get out the vote.

"This was political malpractice," says a Democratic consultant who operates at the highest level of California politics. "They fucked this up, and it was painful to watch. They shouldn't be allowed to pawn this off on the Mormons or anyone else. They snatched defeat from the jaws of victory, and now hundreds of thousands of gay couples are going to pay the price."

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From the start, the leaders of the No on Prop 8 campaign and their high-priced consultants failed to realize what they were up against. According to Geoff Kors, who headed the campaign's executive committee, the No side anticipated needing no more than $20 million to stop the gay-marriage ban. The Yes side, by contrast, set out to change how initiative politics are played, building a well-funded operation that rivaled a swing-state presidential campaign in its scope and complexity. It also built a powerful, faith-based coalition that included the Catholic Church, Protestant evangelicals and the Church of Jesus Christ of Latter-day Saints. "The direct involvement of the Mormon church — moving donors in a very short window to give early — was stunning," says Patrick Guerriero, who was called in to take over as campaign manager of No on Prop 8 in the final month. "It was unprecedented — and probably impossible to predict."

In fact, as documented in an internal LDS memo leaked during the campaign, proposals for such a coalition had been on the table for more than a decade. In the memo, a high-ranking Mormon leader discusses approaches for fighting gay marriage in California: "The Church should be in a coalition and not out front by itself," the memo advocates. "The public image of the Catholic Church is higher than our Church. . . . If we get into this, they are the ones with which to join."

It's ironic that the coalition to define marriage in California as the union between "one man and one woman" was anchored by a church whose founder claimed 33 wives. It's also ironic that the coalition — which framed Prop 8 as a fight to protect California's children — was quietly knit together by the Catholic archbishop of San Francisco, who once excused the molestation of children at the hands of a pedophile priest as mere "horseplay." But once the Mormons joined the effort, they quickly established themselves as "the foundation of the campaign," says Frank Schubert, the consultant who directed Yes on 8. "We could count on their money and their people being there early."

Schubert put Mormon volunteers to work in an expansive field campaign modeled on the effort his business partner, Jeff Flint, worked on in 2004 for George Bush in Ohio. "This is the first time in initiative history that it's ever been done" for a ballot measure, says Schubert. Throughout the summer, Yes on 8 deployed an army of more than 100,000 volunteers to knock on doors in every zip code in the state.

"We had an enormous grass-roots advantage," Schubert says. "Our core was people of faith, and we were able to organize through churches." In the end, he says, the campaign visited 70 percent of all California households in person, and contacted another 15 percent by phone.

The No on Prop 8 campaign, meanwhile, was oblivious to the formidable field operation that the other side was mounting. Worse, its executive committee refused to include leaders of top gay and lesbian grass-roots organizations, which deprived them of an army of willing foot soldiers. "We didn't have people going door to door," admits Yvette Martinez, the campaign's political director. The field operation consisted of volunteers phone-banking from 135 call centers across the state, an effort that didn't begin ramping up until mid-October.

"They had no ground game," says a leading Democratic consultant. "They thought they could win this thing by slapping some ads together. It was the height of naivetι."

The Yes on 8 campaign's get-out-the-vote effort was equally prodigious. The weekend before the vote, Schubert's religious volunteers once again went door to door, speaking to supporters and directing them to the right precinct locations. "On Election Day," he says, "we had 100,000 people — five per precinct — checking voter rolls and contacting supporters who hadn't showed up to vote."

By contrast, the No on Prop 8 campaign mobilized just 11,000 volunteers on Election Day, which they deployed to polling locations to hold "Vote No on 8" signs. The campaign even turned away volunteers who were unable to attend a sign-holding training seminar. Terry Leftgoff, a veteran campaign consultant who was once the highest-ranking gay officer in the California Democratic Party, was one of those who was informed that his services weren't needed. "I was told I could come by on November 5th and help clean up a campaign office," Leftgoff says.

As terrible as the no on prop 8 campaign did on the ground, it did even worse on the air.

Until the final days, the campaign failed to take advantage of the backing of every major newspaper in the state, as well as that of Gov. Arnold Schwarzenegger, former President Bill Clinton and future President Barack Obama. In one bizarre episode, an outside consultant was forced to "jackhammer" the campaign leadership simply to convince them to make use of a robo-call from Bill Clinton. The campaign also rejected a Spanish-language ad featuring Dolores Huerta, a heroine of the United Farm Workers union.

"There were big mistakes that led to this flop," says Leftgoff, the veteran consultant. "They lacked the media messaging essential to any campaign."

To make matters worse, the No campaign refused to reassure voters by presenting positive depictions of gay and lesbian couples in its ads. Instead, in a bizarre approach, it opted to effectively affirm the homophobia of the swing voters it was courting. An ad called "Conversation," featuring two female friends looking at family photos over coffee, typified the effort:

Woman 1: And here's our niece Maria and her partner, Julie, at their wedding.
Woman 2: Listen. Honestly? I just don't know how I feel about this same-sex-marriage thing.
Woman 1: No. It's OK. And I really think it's fine if you don't know how you feel. But are you willing to eliminate rights and have our laws treat people differently?
Woman 2: No!

The awkward ads alienated gay activists. Robin Tyler, one of the lead plaintiffs in the marriage case that reached the state Supreme Court, describes the approach of No on Prop 8 as "if we hide, they'll give us our rights." The campaign, she suggests, could have picked up a few pointers from the ballot initiative to reform factory farming: "When they were trying to pass Prop 2," she asks, "did they hide the chickens?"

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Even Patrick Guerriero, who took the reins of the campaign in October, admits that the early communications strategy was disastrous. "Those ads were perfect," he says, "if there wasn't an opponent."

But there was an opponent — and Schubert quickly took advantage of the weak ads to turn gay marriage into a referendum on education and parental rights. One spot featured a young Hispanic girl coming home to tell her mother, "Guess what I learned in school today? I learned how a prince married a prince, and I can marry a princess!" Schubert drove home the theme again with an ad highlighting a field trip by San Francisco first-graders to see their lesbian teacher get married.

The ads were misleading but devastating. Within two weeks, the Yes campaign turned a double-digit deficit in the polls into a 15-point lead. Worse, the Yes side began October with $12.8 million in the bank to spend on advertising, while the No campaign had only $1.8 million. "Our filing was so large that it literally crashed the secretary of state's Web page," boasts Schubert. "They couldn't accept it — there were over 5,000 pages of contributors." At that point, the No on Prop 8 campaign had only 6,000 donors. "We did not have the cash we needed," concedes Kors, the leader of the No on Prop 8 executive committee.

The numbers spurred a major shake-up of the No campaign, which called in Guerriero, formerly executive director of the Log Cabin Republicans, to take the helm. Guerriero thought the campaign was effectively lost, but he was determined to "scramble back" — to narrow the margin of defeat and thus demonstrate progress over 2000, when California voters first outlawed gay marriage by a margin of 23 points.

And then something extraordinary happened. "Once the progressive community was told, 'We're in the fight of our lives, and we're losing,' they just responded," says Guerriero. "No one can say people didn't wake up." Volunteers from Google and eBay built a Website for online donations; money started flooding in at a clip of up to $1 million a day. By Election Day, the once-poor No campaign had outraised the Yes side by $2 million.

The No campaign also aired its first effective counterattack, running an ad that featured the state school superintendent making clear that gay marriage would not be taught in the schools. "It was their best ad of the campaign by far, but it was very, very late for them to react," says Schubert. The No campaign also filmed a powerful ad that featured Sen. Dianne Feinstein — perhaps the most popular politician in the state — appealing to voters to "vote against discrimination."

Had the campaign left well enough alone, the Feinstein ad might have done the trick. Instead, with only a week to go before Election Day, it flailed about as crazily as the McCain campaign in search of a message. After running the Feinstein ad for only four days, it recut the spot to incorporate other big-name endorsers, garbling the message. It also filmed a counterproductive ad narrated by Samuel L. Jackson that, in the course of 30 seconds, tried to connect the gay-marriage struggle to the internment of Japanese-Americans in World War II, the housing-rights struggles of Armenians in California and bans on interracial marriage in the South.

"The ad was a huge fucking mistake," says a top Democratic campaign strategist. "Any objective consultant who has done any research on this issue will tell you that the struggle for marriage equality is not accepted by minority communities to be equivalent to the civil rights movement. In fact, it pisses minorities off."

It didn't help that Barack Obama refused to support gay marriage, and voiced his opposition to Prop 8 as a narrow constitutional matter. Indeed, Obama was so weak on the issue that Schubert highlighted the candidate's opposition to gay marriage in a mailer targeting African-Americans, and used his voice in a statewide robo-call. "We were able to quote him directly on the core issue in direct mail and in calls at the end of the campaign," says Schubert. When African-Americans in California went to the polls on Election Day, 70 percent of them voted to ban gay marriage.

Civil rights groups in California have already petitioned the state Supreme Court to toss out Prop 8, arguing that revising the state constitution requires a two-thirds vote in the legislature. The fight has also gone national. On November 10th, the gay-rights group Equality Utah announced that it would draft legislation in Utah to legalize civil unions — a direct challenge to the Mormon church, which claims to support such relationships. And on November 15th, after only eight days of organizing online, more than 100,000 protesters rallied against Prop 8 in 300 cities across the country.

As the demonstrations suggest, there is a silver lining to the passage of Prop 8. Because it succeeded due to the mistakes and mismanagement of its opponents — rather than deep-seated hostility to gay and lesbian couples — it can be overturned at the ballot box. Since 2000, the margin of voters in the state who oppose gay marriage has plunged from 23 points to only four.

"The speed at which this issue is moving is unprecedented in my personal political experience," says Bill Carrick, a prominent Democratic consultant who worked on the presidential campaigns of Bill Clinton and Ted Kennedy. "Support for gay marriage has moved so far, in such a short period of time, that I think we're going to look back at Prop 8 as an aberration. History is headed in a very pro-gay-marriage direction, and it probably is going to happen in a much shorter time than anybody imagines."

[From Issue 1067 — December 11, 2008]
More...
Posted by Lonnie on August 26, 2009 at 9:23 AM
49
Everyone, if you support gay rights...you must vote YES on REF71.

Do your research and actually read the Referendum and understand the wording and what you're voting for or against. Be careful! This Referendum is retain the rights that our Govenor signed into law, so vote YES on Ref.71!
Posted by Timboseattle on August 26, 2009 at 10:43 AM
Will in Seattle 50
Time to get a few people who signed it (thinking it legalized gay marriage, and yes, some were lied to about that) to publicly declare that their signature is a fraud and must be removed from the list of authorized signatures.

You can fight fair.

Or you can win.
Posted by Will in Seattle http://www.facebook.com/WillSeattle on August 26, 2009 at 10:55 AM
Rob in Baltimore 51
FF into the clip about 2:12. I've never gave Brat Pitt to much thought until I saw this. He's a smart guy.
http://www.youtube.com/watch?v=YIqz9GhkF…

Posted by Rob in Baltimore http://domaflipflop.com/ on August 26, 2009 at 11:23 AM
Timrrr 52
Dominic, I'm on your side, but I can't let you get away with this:

..has obtained a number of signatures of legal voters equal to or exceeding four percent of the votes cast for the office of governor at the last regular gubernatorial election prior to the submission of the signatures for verification, the petition...


Sorry, Mr. JournalistWhoReallyShouldKnowBetter, but your bolding does not in and of itself a clause make. ( Really, I dare you to take a moment to diagram that sentence, my good man... )

The clause "prior to the submission of the signatures" modifies "at the last regular gubernatorial election" which is modifying "four percent of the votes cast for the office of governor". Which is to say, in other terms:

=> 4% of ([votes for gov.] in [last election prior to signature submission])

Which really, really is quite a far cry from what you've implied above.

p.s.: If we have to resort to grasping at straws -- like purposely misreading the text of the law in order to make a point -- shouldn't that be a warning to us that we need to get real & step up our game to adult levels if we're to have any hope of defeating this thing if it does get onto the ballot!
Posted by Timrrr on August 26, 2009 at 12:47 PM
53
52
No.
We prefer to bitch and whine about how mean our opponents are and call them 'haters' and 'bigots' and 'assholes' than get off our asses and compete in the marketplace of ideas.
Any questions?
Posted by Jackass#1 on August 26, 2009 at 6:10 PM
54
Beat the Bigots

VOTE NO R71!!!

Vote NO!

Vote NO!

Vote NO!

Vote NO!

Vote NO!

Vote NO!
Posted by It's important on August 26, 2009 at 6:12 PM
55
I wonder, Dominic, is your position tactical or philosophical?

That is, given that you want this initiative effort to fail, are you simply saying that you think making this argument would be a good legal move?

Or do you actually believe in the argument you are making, and would also make it in the case of an on-the-edge-of-failing initiative that you strongly supported? You present the argument as if you actually believe it, but I would if you would be willing to pre-commit to applying it to kill an initiative that you strongly support.
Posted by David Wright on August 27, 2009 at 2:14 PM
Simply Me 56
Someone is trying to confuse you on these posts. Voting NO would reject the domestic partnership law. You need to approve referendum 71 to preserve the domestic partnership law.

For the conspiracy theorists out there, you can see how money is being spent by both campaigns through the public disclosure commissions websites. Every detail is there. There is no hiding. For example, Larry Stickney has pocketed nearly 45% of the money he's raised to take away domestic partnerships.
Posted by Simply Me on August 27, 2009 at 2:27 PM

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