Pubdate: Fri, 2 Jul 2010
Source: Arizona Republic (Phoenix, AZ)
Copyright: 2010 The Arizona Republic
Contact: http://www.azcentral.com/arizonarepublic/opinions/sendaletter.html
Website: http://www.azcentral.com/arizonarepublic/
Details: http://www.mapinc.org/media/24
Authors: Kevin Kiley, Alia Beard Rau and Mary Jo Pitzl, The Arizona Republic
Cited: Arizona Medical Marijuana Policy Project 
http://stoparrestingpatients.org/
Bookmark: http://www.mapinc.org/find?253 (Cannabis - Medicinal - U.S.)

MEDICINAL POT ONE OF 9 ISSUES TO MAKE ARIZ. BALLOT

In November, voters will decide a variety of issues - from allowing 
renaming the state's No. 2 office to prohibiting affirmative-action programs.

As of Thursday's filing deadline, nine measures qualified for the 
Nov. 2 general-election ballot. But only one initiative - an effort 
to legalize medical marijuana - qualified for through a citizen petition.

The other eight measures were referred to the ballot by the Legislature.

Organizers and observers attribute the low number of citizen-driven 
initiatives to the lagging economy, which they say made it difficult 
for groups to hire companies to gather signatures and get the word 
out about their petitions.

"Most of the groups that would be doing initiatives have to be more 
selective in a tight economy," said Sandy Bahr, a lobbyist with the 
Sierra Club. "It takes a lot of money. You have to really run two 
campaigns, one campaign to get it on the ballot and then you have to 
campaign to win."

She said some groups that would traditionally run campaigns, such as 
the National Rifle Association, had the legislature refer measures to 
the voters instead or bypass the public altogether when possible, 
removing the costly petition-gathering phase.

Shawn Dow, who organized an unsuccessful initiative effort to ban 
photo-enforcement devices, said his group fell short because they 
couldn't pay signature gatherers.

"It's impossible for an all-volunteer organization to get something 
on the ballot," he said.

For this election, initiatives needed to submit 153,365 signatures to qualify.

Past elections have seen much higher numbers citizen initiatives. In 
2006, Arizona was the busiest state in the country with 19 measures, 
including 10 initiatives. In 2008, there were 10 ballot measures and 
nine voter initiatives.

Political observers said the nine ballot measures, while an 
interesting and diverse group, are not the type of propositions to 
generate large campaigns and will likely be overshadowed by statewide races.

"These are not big business issues," said Gibson McKay, a lobbyist 
and political consultant who has worked with several ballot 
proposition campaigns. "When you have the liquor interest, or gaming 
initiatives, those will turn people out to the polls because people 
are paying millions and millions of dollars to make sure of that."

Three prominent signature drives - to repeal the state's 
controversial new immigration law, to restructure the property tax 
system and to eliminate photo-enforcement traffic devices - failed to 
collect enough signatures.

One measure placed by the state Legislature, which would have 
guaranteed a secret ballot in state-run and union elections, was 
taken off the ballot Wednesday. Maricopa County Superior Court Judge 
Robert Oberbillig ruled that the measure violated a constitutional 
provision that requires parts of an initiative to be substantively related.

Lawyers in support of the proposition said they would appeal the 
judge's ruling to the Arizona Supreme Court, which could decide 
before the election whether or not to keep the measure on the ballot.

Medical Marijuana

Proposition 203, driven by the Arizona Medical Marijuana Policy 
Project, proposes to allow patients with a debilitating medical 
condition such as cancer, HIV or multiple sclerosis to purchase, 
possess and use 2.5 ounces of marijuana every two weeks with a 
doctor's recommendation.

Non-profit dispensaries regulated by the state would grow and sell 
the drug to approved patients.

It still would be illegal to use marijuana in a public place or drive 
under the influence of marijuana, but the initiative would forbid 
employers from firing qualified medical-marijuana users who test 
positive for the drug unless they can prove patients used or were 
impaired while at work.

Thirteen states allow the possession of small amounts of marijuana 
for medical purposes, although only California has established a 
widespread network of dispensaries to distribute it.

Health Care

Proposition 106 would amend the state Constitution to prohibit any 
law that requires a person, employer or health-care provider to 
participate in a health-care system.

The Legislature put the measure on the ballot after a similar 
initiative pushed by Arizonans for Health Care Freedom failed by a 
narrow margin in 2008. While the measure is not a reaction to the 
health-care law passed by the U.S. Congress in March that mandates 
that each individual have health insurance, it would almost directly 
contradict it.

Proponents of the measure say it will likely lead to lawsuits with 
the federal government if passed.

In the backlash against Congress' health-care bill, numerous states 
adopted statutory versions of the proposition or put amendments on 
their November ballots.

Preferential Treatment

State lawmakers put Proposition 107, which would amend the Arizona 
Constitution to prohibit affirmative action programs, on the ballot 
after a similar initiative was disqualified from the 2008 ballot for 
not garnering enough signatures.

If passed, the law would prevent preferential treatment on the basis 
of race, sex, color, ethnicity or national origin in public 
employment, public education and public contracting. In 2008, the 
American Civil Liberties Union and the student government at the 
University of Arizona opposed the measure.

Similar measures approved by voters in California, Michigan and 
Washington have spurred numerous lawsuits.

Hunting and Fishing

Proposition 109 would amend the state Constitution to give Arizona 
citizens a right to lawfully hunt, fish and harvest wildlife, give 
the Legislature the exclusive authority to enact laws to regulate 
these activities and forbid any law from unreasonably restricting 
these activities. It also states that lawful public hunting and 
fishing would be the preferred means of managing and controlling wildlife.

The National Rifle Association supports the measure, and 
environmental groups such as the Sierra Club oppose it.

Stephanie Nichols-Young with the Animal Defense League of Arizona 
said the measure would restrict voters from putting conservation and 
preservation initiatives on future ballots.

Ten other states include hunting and fishing rights in their state 
constitutions.

Lieutenant Governor

Proposition 111 would rename the position of secretary of state to 
become the lieutenant governor beginning with the November 2014 
general election.

The lieutenant governor would assume the same duties and 
responsibilities as the secretary of state, including overseeing 
elections and being second in line for the Governor's Office.

Candidates for governor and lieutenant governor would run in separate 
primaries but join together on a unified ticket for the general 
election. The proposition makes no mention of what to do if a 
gubernatorial candidate runs as an independent.

Initiatives

Proposition 112 would change the deadlines for the voter-initiative 
process from four months before an election to six months before an 
election. The start date to begin gathering signatures wouldn't change.

Growing Smarter

Lawmakers looking for more money for the state budget placed 
Proposition 301 on the ballot to get permission to take $123 million 
from a land-conservation fund and use it for general purposes. The 
money comes from the Growing Smarter initiative, which voters 
approved in 1998. Since it was created by voters to buy land for 
conservation, their approval is needed to redirect the money to other purposes.

First Things First

Proposition 302 is another budget-balancing measure referred to the 
ballot by lawmakers anxious to find more money for the state budget.

It proposes to take the $345 million balance in the First Things 
First account, which pays for early childhood health and education 
programs, and send it to the general fund to be used for health and 
human services for children. It also would direct the revenue from 
the 80-cent-a-pack tobacco tax that funds First Things First and send 
it to the general fund for those same purposes. The tax raises $60 
million to $80 million a year.

Currently, the money is controlled by a citizen board; voter OK of 
Prop. 302 would give lawmakers that control.

Arizona voters created First Things First in 2006, making it a 
voter-protected initiative. Therefore, voter OK is needed to dismantle it.

State Trust land

Proposition 110 would allow state-land officials to sell or lease 
state trust land, or place restrictions on the use of state trust 
lands if the goal is to protect military installations, ranges, 
airspace or other military-related uses. These sales/leases would be 
allowed to happen without public notice or auction.

It also would allow state officials to exchange trust land for other 
public lands if the exchange would protect military installations 
from encroaching development or better manage and protect trust lands.

Failed initiatives

Representatives from the three campaigns that failed to qualify for 
the ballot said they would try again for to get their measures on the 
next general election. Arizona Citizens Against Photo Radar, which 
fell about 34,000 short of qualifying their initiative, said they had 
begun pulling petition sheets to put similar initiatives on municipal 
ballots for November's election.

An effort to repeal Arizona's new immigration law and place a 
three-year moratorium on all immigration legislation fell about 
50,000 signatures short of the 153,365 required.

Four referendums targeting Senate Bill 1070 or House Bill 2162, which 
makes changes to the Senate bill, have until July 28 to gather enough 
signatures. 
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MAP posted-by: Richard Lake