Pubdate: Wed, 13 Mar 2002
Source: New York Times (NY)
Section: New York Region
Copyright: 2002 The New York Times Company
Contact:  http://www.nytimes.com/
Details: http://www.mapinc.org/media/298
Author: James C. McKinley Jr.

PATAKI PUSHES AMENDMENT TO ALLOW REFERENDUMS

ALBANY -- Gov. George E. Pataki cast himself today as a political outsider 
combating an ossified Legislature as he proposed a constitutional amendment 
that would let citizens bypass their elected leaders and put initiatives 
directly on the ballot.

Mr. Pataki said the Legislature lagged far behind popular opinion on issues 
like revamping campaign finance laws and streamlining the state's 
cumbersome school-aid formulas. He said the proposed amendment would let 
him take his case on such specific issues directly to the voters. It would 
also allow citizens advocating a single issue, like outlawing abortion, to 
put their position before the people.

"I have always had confidence in the people of this state," Mr. Pataki 
said. "I believe if you lay out the case and make the case to the people, 
they are going to do the right thing."

The constitutional amendment is of paramount importance to the leaders of 
the Independence Party, who said the governor's stance gave him a large 
advantage in competing for their nomination in May. That endorsement would 
give the Republican governor, who is seeking a third term, three of the 
first four lines on the ballot: Republican, Independence and Conservative.

When he first ran for governor in 1994, Mr. Pataki campaigned on a promise 
to amend the New York Constitution to allow citizens to put initiatives on 
the ballot through petitions. In 1995, he introduced such an amendment in 
the Legislature, but it died there. Until today, the governor has let the 
proposal rest.

He faces a tough fight in the Legislature. Assembly Speaker Sheldon Silver, 
a Manhattan Democrat, said elected officials were capable of representing 
the voters. He added that laws enacted through referendums often 
contradicted one another or were struck down in court. "In California, it's 
led to full employment for lawyers," he said.

Senator Joseph L. Bruno, the Republican majority leader, said the Senate 
would study the governor's proposal, but he pointed out that in some 
states, such laws "have had some disastrous results."

Amendments to the State Constitution must be passed by two separately 
elected Legislatures and then by a majority of voters. The earliest it 
could appear on the ballot would be in November 2003.

Citizens have the authority to put a proposal on the ballot in 24 states, 
including California, Florida and Ohio. In the last century, about 800 
state laws were adopted through referendums, from women's suffrage to the 
abolition of poll taxes.

Referendums have led to some policy debacles. Colorado voters, for 
instance, passed a constitutional amendment limiting state spending and 
taxes, but later voted to guarantee annual increases in school spending. 
Washington State citizens voted to cut taxes and then later to spend more 
on teachers' raises, without offering a way to pay for the increase.

Proposing the amendment now is a shrewd political move for the governor, 
even if it never passes. It shores up his relationship with the 
Conservative Party, which has long wanted ballot initiatives. It also makes 
him the front-runner for the Independence Party nomination. That would 
prevent an Independence candidate from siphoning away votes from Mr. 
Pataki, as B. Thomas Golisano did in 1994 and 1998.

Mr. Pataki's proposed amendment would allow citizens to put an issue on the 
ballot if they can collect signatures equal to 5 percent of the votes cast 
in the last election for governor, or about 250,000. The petitions would 
have to include at least 5,000 signatures in three-fifths of the state's 
congressional districts, making it hard for a strictly local issue to be 
approved for the ballot. Citizens could also amend the Constitution under 
the proposal, but the measure would have to be passed in two consecutive 
statewide elections.

Mr. Pataki said he would like to see several of his own proposals that the 
Legislature has rejected put on the ballot. He specifically mentioned 
limiting campaign contributions, reducing sentences for drug offenses and 
doing away with the Board of Regents. Democrats in the Assembly have 
objections to all three proposals.

Even if the amendment's chances of passage are slim, the governor's 
proposal is likely to become a campaign issue. State Comptroller H. Carl 
McCall, a Democrat running for governor, vehemently opposes the kind of 
ballot initiatives the governor wants.

"The comptroller has long opposed this for fear that extremist positions 
can find themselves before the voters of New York," Mr. McCall's spokesman, 
Steven Greenberg, said.
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