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Participate in Voter Repeal of SB 175 S2!

(Alert 3/7/04)


Alert provided by Mr. Arnold Gaunt.
To receive forfeiture alerts directly, e-mail ajgaunt@xmission.com.

Accountability Utah foreword: SB 175 S2 will destroy your property rights and Initiative B. In response, citizens are filing a referendum petition to repeal this bill before it goes into effect.  Which county do you live in?  Who is your senator and representative?  Are you willing to help collect signatures?  E-mail Arnold Gaunt at ajgaunt@xmission.com.

Topics:

1. SB 175 Cannot Be Allowed to Go Into Law

2. Citizen's Referendum Petition Will Be Filed on Monday

3. PLEASE ASSIST IN GETTING SIGNATURES!

Addendum A: What is the Referendum Process?

Addendum B: How Many Signatures Will Your County Require?

 

1. SB 175 Cannot Be Allowed to Go Into Law

As most of you are aware, 2nd Sub. SB 175 was passed by the Legislature on Wednesday following concurrence by the Senate with House Amendments.

This bill effectively repeals Initiative B, passed by 69% of Utah's voters in November 2000.

If 2nd Sub. SB 175 goes into law, Utah's police will have both the method and motive to cause your property to be forfeited under unjust federal confiscation statutes. These statutes presume that property owners are guilty, and do not provide attorneys fees and other costs in the unlikely event an owner can prove his innocence.

Even if a forfeiture were to be pursued under the state-level procedures, numerous due process safeguards have been eliminated by 2nd Sub. SB 175. As with forfeitures that are performed federally, the police will be able to profit from the proceeds.

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2. Citizen's Referendum Petition Will Be Filed on Monday

Because the majority of the Legislature has so contemptuously destroyed protection for your right to own property, a referendum will be filed on Monday with the Lt. Governor's office to put 2nd Sub. SB 175 to a vote of the people in November. If we acquire the requisite number of signatures, the bill will never go into effect unless approved by the voters of Utah.

There is a very limited timeframe to acquire signatures (40 days starting on March 4). Though this is a daunting task, I believe that it is possible to be successful.

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3. PLEASE ASSIST IN GETTING SIGNATURES!

I would like for all recipients of this message who are willing to assist with this critically important campaign to respond to me privately at ajgaunt@xmission.com. Please let me know who your state Senator and Representative are, and the county in which you reside. I look forward to hearing from you.

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Addendum A: What is the Referendum Process?

A number of you have asked me about "referendum", and how many signatures are required. In response, in this message I will provide a brief explanation, along with some links to provide more details.

Referendum occurs when voters obtain sufficient signatures within the allowed timeframe to put a bill passed by the Legislature (and signed by the Governor) to a ratification vote. Therefore, if the voters vote no, the bill does not become law. Enforcement of the law is suspended until the ratification vote occurs (in November in this instance).

To qualify, it is necessary to obtain 10% of the cumulative vote for Governor in the 2000 election. And at least 10% must be obtained in 15 or more counties. All this must occur within 40 days of the end of the legislature. The process is defined in Utah code (beginning with 20A-7-301), which you can review.

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Addendum B: How Many Signatures Will Your County Require?

From the Lt. Governor's web page, I extracted information regarding the 2000 gubernatorial vote, and also information on Initiative B. From this, the following tables were created. The "min + 15%" in the tables represents the approximate total signatures required to net the 10% absolute requirement.

Gubernatorial results by county and candidate, including Initiative B and the 10% requirement.

Initiative B results, by county.

Signature requirements by county, along with Initiative B support.

Signature requirements by county support for Initiative B.

Signature requirements by total gubernatorial votes, along with county support for Initiative B.

Arnold Gaunt
801-621-3122

 

Accountability Utah note: For more information on SB 175 S2, Initiative B, and property confiscation without due process (forfeiture), see the Property Rights section of our Issues & Alerts page

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If you have comments or suggestions, please email us at info@accountabilityutah.org.

 

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