Worries about GOP "sabotage" during February session

The Oregonian takes a look at the February legislative special session - and notes that Republicans might play political games, with Speaker Jeff Merkley running for the U.S. Senate.

Merkley's decision sets up a high-stakes political subplot for the session. A successful session would make him look good, allowing him to boast of the results when he resumes his Senate campaign. If it goes sideways -- well, you can picture the negative ads now. ...

Merkley's dual roles of speaker and candidate also open the possibility of mischief by out-of-state Republicans who don't care much about the Oregon Legislature but care loads about retaining Smith as a senator. Chances of partisan sabotage are "realistic," [lobbyist Gary] Conkling says.

There's no sign that Steve Novick will engage in special-session shenanigans:

Novick is taking no shots at Merkley's double roles. "I assume it's something he thought about carefully and decided it's the right thing to do," Novick says.

Merkley says the campaign will take a backseat to his role as Speaker during the session:

[Merkley] acknowledges that the session -- scheduled to start Feb. 4 and end Feb. 29 -- will put a temporary crimp in his Senate campaign schedule. Time he would otherwise spend meeting with voters and dialing for campaign cash will be diverted into running the House floor, holding strategy meetings and pushing to meet the adjournment deadline.

"The campaign will drop down several notches," Merkley says. But he says his first responsibility is to be the speaker, not a candidate. "That's the role I signed up for. After the session is over, I can crank things back up."

Of course, it's not just Merkley whose performance may impact a 2008 run for higher office:

Merkley's Senate campaign is only one potential political distraction, Courtney says. Four Senate Democrats are running against one another for secretary of state, one is running for treasurer and one House Democrat is running for attorney general.

Courtney and Merkley have pledged to keep election-year politics out of the session and are urging other lawmakers to do the same. "Let's keep the fight in the streets, not in the building," Courtney says.

Read the rest. Discuss.

  • Marla (unverified)
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    For Jeff, being the statesman that he is, working as an effective Speaker IS working the campaign. He is competent. He is efficient. He is effective at holding off the Republicans, yet also working with them.

    Novick can only stand around all day long, reading the news reports with Jeff's name on them, waiting for Jeff to fall down on his face... which ain't gonna happen.

    Jeff will look good all through Feb. Novick will look feeble all Feb. Jeff wins. Novick comes in a respectable second place.

  • emil (unverified)
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    Great. Merkley and his supporters in legislature are trying to rig the rules to let him take PAC money during the session.

    It must be good to be the speaker!

  • genop (unverified)
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    With so many serious issues to deal with, the gamesmanship suggested as a partisan ploy is an asinine prediction. If such immaturity were to occur, the electorate would toss the bums so fast it would be tantamount to political suicide. While no fan of the GOP, I do not believe even the most die hard politico would engage in such sabotage.

  • Larry McD (unverified)
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    Novick can only stand around all day long, reading the news reports with Jeff's name on them, waiting for Jeff to fall down on his face... which ain't gonna happen.

    Jeff will look good all through Feb. Novick will look feeble all Feb. Jeff wins. Novick comes in a respectable second place.

    Oh, Maria! You couldn't leave well enough with a very positive and appealing first paragraph? I've been saying up to now that while I support Novick in the primary, "if Merkeley wins the nomination I'll put his sign in my yard, send him money, and call all my friends." You, Mitch Greenlick, Kevin at Preemptive Karma, and other Merkeley partisans have managed to change my mind.

    Increasingly I'm feeling that if Merkeley wins the nomination, I'll vote for Frohnmayer.

  • trishka (unverified)
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    as a novick supporter, i sincerely hope that jeff merkley is able to helm a successful progressive legislative session this year. that is good for oregon.

    how that will play out in the senate primary and/or general will remain to be seen. but i wish speaker merkley all the best.

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    With so many serious issues to deal with, the gamesmanship suggested as a partisan ploy is an asinine prediction. If such immaturity were to occur, the electorate would toss the bums so fast it would be tantamount to political suicide. While no fan of the GOP, I do not believe even the most die hard politico would engage in such sabotage.

    I guess you didn't pay attention to the Rs behavior in the last session. The prediction is not asinine, just a reasonable expectation given past performance.

  • Mark Schwebke (unverified)
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    Right On Sue, in case anyone is paying attention, it's not only the Oregon GOP, the national GOP in congress have been exploiting the obstructionist card the entire session.

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    Merkley and his supporters in legislature are trying to rig the rules to let him take PAC money during the session.

    Not going to happen. You're misreading the article.

  • A. Rab. (unverified)
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    Since Democrats control both chambers and the governorship, Republicans have every incentive to shut down the session and blame Democrats for government inaction. Embarrassing Merkley would just be icing for the GOP.

  • A. Rab. (unverified)
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    (I am not saying that is a good thing).

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    Larry:

    Where have I bad-mouthed Novick?

    Where has Mitch bad-mouthed Novick?

    From where I sit it seems to me that both myself and Mitch have gone out of our way to be, if anything, generous towards Novick. It's a very small handful of his online supporters that we've been critical of.

    Talk is cheap and baseless accusations even cheaper. Put up or shut up.

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    Great. Merkley and his supporters in legislature are trying to rig the rules to let him take PAC money during the session.

    Um... did you even read the linked article? This paragraph in particular:

    Hunt said the rules also would not apply to House Speaker Jeff Merkley, D-Portland, who is running for U.S. Senate against lawyer Steve Novick and other Democratic candidates. He has a federal, and not state, candidate PAC.

    Do you understand the difference between a federal campaign and a state campaign?

  • Chris Greiveldinger (unverified)
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    I like that Merkley is taking his role as Oregon's Speaker seriously. It's important for the legislature to see if annual sessions would be feasible, and the Speaker can have a significant impact on the success of the session. It will be interesting to see what comes from the session. Good bills will benefit both Oregon and Speaker Merkley.

  • LT (unverified)
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    A.Rab--------

    It is only "icing" if it causes people who were not going to vote Republican otherwise to vote Republican in 2008. Given the graciousness of Huckabee and the seriousness of McCain, no one should believe that Rove tactics automatically win in 2008.

  • A. Rab. (unverified)
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    LT,

    I hope I am wrong, but I don't think politics has changed to the point where a political loss does not hurt. If anything, if the GOP can hurt Merkley in the special session, it would be a double bonus for them: they knock Merkley down and Smith does not have to get his hands dirty in the process.

    As I said, I hope I am wrong and the GOP lets the legislature get things done.

  • Miles (unverified)
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    Do you understand the difference between a federal campaign and a state campaign?

    Kevin, do you understand why that's a distinction without a difference? If it's bad for legislators to take PAC donations during the legislative session, it doesn't make a lick of difference whether those donations are going into a state or federal PAC.

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    It makes all the difference in the world, Miles. He's a candidate for a federal office and thus he's held to the exact same standard as everyone else running for Senate are held to. If he were running for reelection to the state house then it would be a totally different story.

    Apples and oranges.

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    Kevin,

    It's apples & oranges legally, but in terms of the principle behind the prohibition, a "special interest" that contributes to a state legislator's federal campaign might still gain favor with that legislator.

    In the case of the special session if I were worried about anything it would be that such a contribution might help to keep something off the agenda until the next regular session. But I'm not even that worried about that, since all descriptions of the aims of the special session have sounded quite limited, the aim being to show that moving to annual sessions might be a good thing by showing that stuff could get done.

    Which leads to my question about the mooted sabotage -- Do the Rs have a concerted position for or against annual sessions? Because if some of them would like annual sessions, and if the Ds are putting up issues that ought to be amenable to bipartisanship in order to strengthen that case, it seems to cut against sabotage. But if the Rs are just set against annual sessions, that would give another reason for pursuing it.

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    OMG, do I have to slam my forehead into the wall over and over? Before I do that, I'll try repeating myself:

    Not going to happen. You're misreading the article.

    Does it say anywhere (ANYWHERE!) that Merkley is going to take PAC dollars during the session? For the love of god, people...

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    No, Kari, it doesn't say anywhere that he will take PAC dollars. But it pretty clearly says that since his is a federal PAC (Novick has one too) rather than a state PAC that he would be exempt. The clear implication being that he could accept PAC money during the session. Which only seems fair since none of his primary opponents are going to forego any PAC money during the session just to keep things fair.

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    Would it be fair to say Hunt is saying that Merkley would be exempt because he's a federal candidate and the federal rules supercede state rules on fundraising? IOW, it's not a matter of Reps Hunt and Hanna "trying to rig the rules" at all. They're merely cognizant of the fact that Merkley's a federal candidate.

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    I agree with Sue. I sat there in the gallery and watched as the Rs pulled all kinds of games to sabotage things.

    One example was on Emerging Leaders Day. There was supposed to be a vote on education funding in the afternoon. And the gallery was filled with more than 100 Dem Emerging Leaders, about a dozen Repub Emerging Leaders, and a whole bunch of kids.

    The Rs kept leaving the room so there wasn't a quorum, calling for caucus meetings, etc.

    I lost track of how many times they had to do roll call because enough Rs had left the room that they couldn't conduct business.

    I don't worry that they'll sabotage the session, as I am sure they will. I worry about how badly they'll do it and what bills won't get through the session because of it. Or if their behavior will keep the legislature from switching to annual sessions.

  • Bill Bodden (unverified)
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    Jeff will look good all through Feb. Novick will look feeble all Feb. Jeff wins. Novick comes in a respectable second place.

    This is clearly a poorly thought out piece of pro-Merkley spin. Novick will look feeble but still come in a respectable second place. If Novick looks feeble (which is highly improbable) then he'll be trounced and not come in a respectable second place. If he comes in a respectable second place then he would have to be something more than feeble.

    Novick's biography and career should make the suggestion of his being feeble utterly preposterous. That's the sort of thing that bias will do to you sometimes. Get's people talking a lot of BS.

  • Rose Wilde (unverified)
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    Don't state legislators from states that have a year round (or at least annual), professional legislature have the same issues when THEY run for Federal office? I don't really see what the big deal is.

    Besides, all anyone in Merkley's situation would have to do if they wanted to allow money to influence their legislative decisions while running for another office is ask PACs to make pledges that they make good after Feb 29th.

    Seems like a non-issue to me.

    But the original suggestion seems quite reasonable. Look at the partisan behavior in DC. Look at the all the tricks the R's played to prevent Oregonians from getting to vote on M50 (without having to make it a Constitutional amendment). Didn't we have to send the police after the R's when they just walked out and refused to make a quorum? I just hope I don't live to see Democrats do the same. I'm sad to hear about the behavior during Emerging Leaders day. Don't they get that one day they'll need young people to take their place, and the old guard shouldn't discourage the young folks from wanting to participate? I spend a lot of time trying to get youth to feel like their involvement makes a difference, and I am just sick to hear Jenni's report.

  • Miles (unverified)
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    "Hunt said the rules also would not apply to House Speaker Jeff Merkley, D-Portland, who is running for U.S. Senate against lawyer Steve Novick and other Democratic candidates. He has a federal, and not state, candidate PAC."

    Kari, are you seriously suggesting that Majority Leader Hunt didn't run this past Merkley before agreeing to the deal and making it public? If Merkley doesn't plan to take PAC contributions during the session, why doesn't he just issue a press release saying he won't take PAC contributions?

    Which only seems fair since none of his primary opponents are going to forego any PAC money during the session just to keep things fair.

    Your view on this is astonishing, Kevin. Steve Novick is not a member of the legislature (remember how you keep pointing out his lack of real leadership experience?). Novick doesn't have a conflict of interest when accepting PAC donations.

    Merkley is the frickin' speaker. He has a serious conflict of interest, and the fact that he's running for federal office makes not one bit of difference. Not one. The Democratic leadership pushed for the moratorium on PAC donations during session. Now that rule might hurt Merkley, so they're splitting hairs.

    I call bullshit. If Merkley needs the PAC donations so badly, he should step down as speaker and campaign full time. If he's going to be speaker, he should play by the rules everyone else does.

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    Tempest in a teapot, Miles. The Oregon legislature doesn't appear to have the authority to curb campaign contributions to federal campaigns. Thus there would be no point in Hunt running anything by Merkley, however fervently you may wish to believe otherwise.

    Call bullshit, call monkey bread, call tea for two if that's what floats your boat. At the end of the day it will still amount to a tempest in a teapot.

  • (Show?)

    Miles is right, of course. The prudent and transparent thing to do is declare that he'll neither solicit nor accept PAC money. if as Kari implies he doesn't intend to anyway, the decaration should be a no-brainer.

    I would think the primary GOP weapon will be delay. The longer the session the better, I'd figure.

  • Miles (unverified)
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    The Oregon legislature doesn't appear to have the authority to curb campaign contributions to federal campaigns.

    This is a legislative rule, not a law. The House imposed the rule on itself last session (the Senate did not) and they're planning to impose it again. The House has the authority to set whatever rules it wants on its members by majority vote, so they can choose to include or exclude federal PACs.

    Besides, the issue here is not a technical legal one. It is an ethical one. Should legislators accept PAC money during session? Last session Merkley thought the answer was no, this session -- when it has the potential to harm him -- the answer is yes. That should be troubling to anyone concerned about the impact of special interest money on elections.

    You can try to minimize this issue, but I'll bet Merkely issues a press release soon saying he won't take PAC money during session. He knows that doing otherwise raises legitimate questions about his ethics and his dedication to cleaning up our political system. If he doesn't, he's just made it that much more likely that Smith wins reelection in November.

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    Sure, Miles. You have ethical concerns.

    And the fact that you staunchly support another candidate who just happens to be losing (badly!) the fundraising battle with Merkley has nothing to do with it... right?

    Would seeing Gordon Smith reelected this November assuage your ethical concerns?

  • (Show?)

    losing badly? Novick just had a strong rebound quarter and continues to crush Merkley in ActBlue (read: grassroots) donations. Merkley's 3q was greeted with an "eh" in DC, and if he doesn't pull something like 750k this time around, he's going to get the same reaction. The candidates are not playing the same fundraising game in this situation. Merkley's expectations are higher, as they should be with people like Schumer and Kerry doing national asks.

  • Miles (unverified)
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    Kevin, if the best response you have is to accuse me of being a Novick partisan, then you've effectively conceded the point.

    As for beating Smith, what you and Merkley need to figure out is whether you're better off taking PAC money during the session and giving Smith a big old target to shoot at in the general, or forgoing PAC money for one month and maintaining a high(er) ethical standard that can be turned on Smith later.

    Here's the ad:

    "As speaker, JEFF MERKLEY took money from special interests while he was supposed to be doing the people's business -- at the same time that he was telling other politicians that it was wrong. Is JEFF MERKLEY looking out for Oregon's best interests . . . or his own?"

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    Why would I want to "accuse" you of being a Novick partisan when you've already admitted as much yourself here at Blue Oregon in past comments?

  • Bill Bodden (unverified)
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    Without taking sides on whether it is right or legal for Merkley to be speaker and to take campaign donations for his senate campaign at the same time, there certainly will be a PERCEPTION that Merkley isn't being as clean as he should be unless he can make a clear cut case in his favor.

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    Perhaps you're right, Bill. But among those who go beyond a sound bite, how many do you think would expect Merkley to cut his own political throat as a federal candidate? I rather suspect that many will understand the context and give him the benefit of the doubt.

  • Miles (unverified)
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    If foregoing PAC donations for one month is "cutting his own political throat", then maybe Merkley can't afford to take a month off from campaigning and should resign his seat to run full-time.

    Personally, I don't think Merkley is in that precarious a position. I think he's going to handily defeat Novick in the primary. But I am worried about Merkley vis-a-vis Smith. Exempting yourself from House ethics rules based on an argument that splits hairs between state and federal PACs seems like an amateur mistake. Not to mention that it's just flat-out unethical.

  • Gigi (unverified)
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    Sure, I would give Jeff the benefit of the doubt.

    But would others?

    Hmmm, what was that definition?

    Main Entry: hyp·o·crite
    Pronunciation: \ˈhi-pə-ˌkrit\ Function: noun
    1 : a person who puts on a false appearance of virtue or religion 2 : a person who acts in contradiction to his or her stated beliefs or feelings — hypocrite adjective

  • (Show?)

    whoops-- the O updated their story--hunt forgot to mention anything to Hanna about Merkley's exemption. Guess he didn't see the practical difference, either.

  • (Show?)

    This is all a very interesting hypothetical discussion but it's meaningless. Contrary to Miles' assertion, the House does not have "the authority to set whatever rules it wants on its members by majority vote."

    Just to take a quick and easy example of the more extreme kind... the House has zero authority to impose Sharia Law or circumcision or baptism by immersion upon members even if there were 100% unanimity on the vote. There are innumerable other things which they have zero authority to impose regardless of how many vote in favor of it. And one of those things appears to be federal campaign contributions.

    Y'all seem to have fallen for a rhetorical ploy. It might be useful for you to question why.

  • Bill Bodden (unverified)
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    What happens if Merkley as speaker is shown to have some influence over a vote that favors some group and that group, before or after the vote, gives a big donation to Merkley the candidate? Forget the legality or the ethics question for the time being. What will his opponents, Novick supporters before the primary, or Smith supporters before the general election make of that? Hopefully, Novick will be the candidate against Smith and the second part of that hypothetical will prove to be irrelevant.

  • (Show?)
    What happens if Merkley as speaker is shown to have some influence over a vote that favors some group and that group, before or after the vote, gives a big donation to Merkley the candidate?

    Okay. Let's take a crazy example and examine it.

    Let's say that Jeff had taken a huge sum from a Progressive group lobbying against Rightwing death squads and then Speaker Merkley handled some procedure or vote in a manner which could be construed as beneficial to that group. So what? Would you have him timidly sit on his hands instead? Seriously? Would rank and file Oregonians give a tinker's damn who had donated to his federal Senate campaign as long as the rightwing death squads got shut down?

  • Bill Bodden (unverified)
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    Let's say that Jeff had taken a huge sum from a Progressive group lobbying against Rightwing death squads and then Speaker Merkley handled some procedure or vote in a manner which could be construed as beneficial to that group.

    Kevin: Your point would be valid if it was a Progressive group and the issue was in line with your "Rightwing death squads," but what would happen if the issue voted on was something more realistic and possible promoted by, say, the teachers' union, a business association or other? If it involved the teachers then the anti-teachers and anti-public school brigade would be all over Merkley. If the vote helped some Portland-area group that could be interpreted as anti-east-of-the-Cascades then a majority on this side of the Cascades would be locked into the Smith camp.

  • Miles (unverified)
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    There are innumerable other things which they have zero authority to impose regardless of how many vote in favor of it. And one of those things appears to be federal campaign contributions.

    Do you have any basis for this assertion? The House imposes ethics rules on itself, which was the vehicle for the original ban on PAC donations that Merkley pushed for last session. What federal law would prohibit a state legislature from imposing ethics rules on its members?

  • Miles (unverified)
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    Oh, and before you accuse me of moving the goalposts later on, I should say that it doesn't really matter. Even if you prove your legal point, it is still unethical for Merkley to accept PAC donations during the session. Unless, that is, you don't believe legislators should avoid the conflicts of interest that Merkley -- last session -- seemed to think legislators should avoid.

  • (Show?)
    Even if you prove your legal point, it is still unethical for Merkley to accept PAC donations during the session.

    Who said that he's going to?

    You've created a house of cards, Miles. There isn't the faintest shred of evidence that Merkley will accept a single penny in PAC money during the session.

    So again I'll ask what is the point of your objection here if not to grind your Novick axe?

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    I'd say making sure to exempt him suggests the possibility he will. A statement from him noting otherwise would do much to dispel that possibility.

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    I'd say making sure to exempt him suggests the possibility he will.

    Coming from you that makes perfect sense because you seem to filter everything through your Novick-colored lenses.

    A more objective explanation is exactly what I've offered - that the exemption is merely an aknowledgement that the Lege lacks the authority to infringe on federal campaign rules.

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    Kevin, "your motives suck because you support the other guy" is a poor substitute for rational argument. If it were simply a matter of legality, why would Hanna be surprised about the exemption? Furthermore, you've provided no evidence to support your assertion.

  • LT (unverified)
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    To bring up an area where sanity has prevailed, I just read this online update.

    Judge lets signature-gathering reforms stand

    PETER WONG Statesman Journal

    January 9, 2008

    A Marion County judge has let stand new state requirements for paid petition-signature gatherers for ballot initiatives.

    Judge Dennis Graves, in a decision released by the state today, declined to block the new law despite a request from a coalition of groups opposed to the requirements. The 2007 Legislature passed House Bill 2082 after some instances of fraud arose in the petition-circulation process.

    “Plaintiffs may continue to conduct their business under HB 2082,” Graves wrote Tuesday. “I further find that HB 2082 constitutes a reasonable time, place and manner restriction necessary to reduce fraud and increase efficiency in the Oregon initiative process.”

    The law requires paid signature-gatherers to register in advance, obtain photo identification, submit a signature sample, and undergo training provided by the state Elections Division. It also requires their employers to keep better employment records; a 2002 state law bans the payment of circulators per signature.

    Looks like the legislature and not the initiative industry gets to write the rules.

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