It has become almost impossible to wage a successful initiative petition campaign because of additional requirements placed on petition groups by the Legislature.

A proposed constitutional amendment cannot go to voters by initiative petition more often than once in 3 years. We must contend with a nebulous single subject requirement and a doubling of the number of petition signatures.

Paying petitioners by the signature offers incentive to collect the maximum number, as a commission would offer incentives for employees in private business. Those who complain about the alleged aggressiveness of petition circulators ignore use of physical obstructive tactics by petition opponents toward circulators exercising free speech privileges.

Under LB39, some but not all circulators would have their names, addresses, and phone numbers included in campaign reports. This information becoming public knowledge would subject circulators to harassment.

In 1999, the U.S. Supreme Court ruled that Nebraska cannot force petition campaigns to file monthly expense reports identifying paid circulators, acknowledging their vulnerability. Passage of LB39 certainly would subject the legislation to a court challenge.

The bill would require circulators to be Nebraska residents of voting age, however, participating in the petition process is a valuable educational experience for our youth. The 8th U.S. Circuit Court of Appeals in 1996 ruled invalid the Nebraska requirement for all petition circulators to be registered voters.

Nebraska has no second house. Original unicameral sponsors offered the initiative petition process to give Nebraska citizens a powerful tool to balance the Legislature.

Much of the necessity for requesting assistance from out of state entities stems from the current eroding of our petition rights that makes it more difficult to organize petitions within Nebraska.

We regard this effort by state Sen. Schimek as revenge against spending reformers who promoted the Stop Overspending campaign in 2006. Urge your senator to vote no on LB39.

Doug Kagan

Chairman

Nebraska Taxpayers for Freedom

Omaha