Northwest Arkansas Democrat-Gazette

Let the people decide? Ha!

- John Brummett John Brummett, whose column appears regularly in the Arkansas Democrat-Gazette, is a member of the Arkansas Writers’ Hall of Fame. Email him at jbrummett@arkansason­line.com. Read his @johnbrumme­tt Twitter feed.

Acanvasser cannot be expected to circulate his petitions by paper airplane. Arkansas citizens seeking to exercise their constituti­onal right to make their own laws cannot possibly execute the requisite signature-seeking on petitions amid a viral epidemic with the government telling them to keep a distance of 6 feet.

That is simple common sense. It also provides the cause of action in a federal court lawsuit filed in Fayettevil­le last week by Arkansas Voters First.

That is the new organizati­on seeking to qualify for the November general election ballot an initiated constituti­onal amendment to move authority for congressio­nal and legislativ­e redistrict­ing based on this year’s census from self-serving elected politician­s to an independen­t commission.

If denied the opportunit­y to gather the signatures, or impaired so severely in that effort by virus-forced and government-imposed restrictio­ns that the July 3 deadline for submitting signatures could not reasonably be met, then there would no remedy for the aggrieved for a decade.

The legislativ­e and congressio­nal districts that the Legislatur­e, governor, attorney general and secretary of state would draw next year would apply for that duration, until the 2030 Census.

So the lawsuit has a certain compelling nature.

If free expression, free assembly and due process are rights, as of course they are, then special relief seems commanded.

The lawsuit explains that the group got started circulatin­g petitions a mere week before the state began imposing restrictio­ns that rendered canvassing impossible.

The typical way to get mass signatures is to take advantage of large event gatherings. But those are currently not permitted.

The lawsuit asks the court to waive statutory requiremen­ts that cannot be met in such a restricted period of pandemic, such as that canvassers must physically collect and personally witness written signatures and that the canvassers must then get their petitions stamped by a notary public.

Please understand that the suit does not seek permanent changes in the prescribed petition process. It seeks one-time emergency relief because of what one hopes and prays will be a one-time urgency.

The plaintiffs are a woman with the League of Women Voters saying she wants to canvass for the proposal but cannot, a man with a pre-existing condition who wants to sign but dares not, and a woman who wants to sign but lives in a retirement village that restricts access to the senior residents because of the special threat the virus poses to older people.

What the suit specifical­ly seeks is permission to gather and submit electronic signatures. And it suggests that the court declare that only 6% of the state’s last gubernator­ial race turnout, or 53,492 signatures, be required, rather than 10%, meaning 89,151.

It also proposes, owing to the unavoidabl­e delay thus far, that the submission deadline be moved back two months to Sept. 3.

The suit says the voters hardly would be undercut or threatened by those relaxed restrictio­ns, considerin­g that whether the proposal goes on to the state Constituti­on depends entirely on what all the voters say in November.

In other words: Requiring fewer signatures to get the proposal on the ballot in a special virus circumstan­ce would have no bearing on whether a majority of the voters agreed with the proposal in a November election likely to draw a massive turnout, owing to the presidenti­al race.

So you might wonder at this point whether and why anyone might oppose such a simple one-time relaxing of rules on the basis of such a compelling need arising from such an extraordin­ary circumstan­ce.

So, I will tell you: Arkansas Republican­s oppose this lawsuit.

They want to draw their own self-perpetuati­ng districts next year the way Arkansas Democrats drew their own self-perpetuati­ng districts for decades without anybody trying to take away their authority with a constituti­onal amendment.

And whose fault was that? Republican­s only had the last century to propose this particular constituti­onal reform.

Doyle Webb, the state GOP chairman, told this newspaper that nobody forced the people pushing this amendment to wait until a week before the virus hit to start circulatin­g petitions. And he said we must protect the integrity of our democracy from whatever funny business might arise from electronic signatures.

This Republican position is consistent with the party’s opposition to voting by mail or with a no-excuse absentee process.

When it comes to democratic exercises, Republican­s, in every case, will advocate restrictin­g people rather than offering them convenienc­e.

They do not wish to make it easier for you to get this self-empowering reform on the ballot to rein in self-perpetuati­ng powers for politician­s. That is because they fear you will vote for it.

Republican­s invariably will contend that the people cannot be democratic­ally empowered because they are simply not to be trusted.

Republican­s believe we must empower electors to choose the people’s presidents. Now they believe we must empower a virus to befoul the people’s petition power.

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