Democrats acted shamefully on ballot title
The Oregon Supreme Court decision March 31 certifying the original ballot title of the Citizens’ Veto Referendum on Oregon Senate Bill 833 (Strauss et al. vs. Rosenblum) was a black eye for Democrats in the Oregon House of Representatives.
It was Democrats who tried to change the ballot title and torpedo a legitimate democratic process. In so doing, they incurred the wrath of editorial boards across the state and thousands of Oregon voters, while bringing disrespect upon themselves and their institution.
SB 833, passed by the Oregon Legislature in 2013, was written to restore driving privileges to illegal immigrants by providing them resident driver cards.
Faced with the federal Real ID Act, the Legislature in 2008 grudgingly passed Senate Bill 1080. SB 1080 required proof of legal U.S. residency to obtain an Oregon driver’s license.
It effectively revoked driving privileges for undocumented immigrants. Immigrant advocacy groups and their allies in the Legislature soon began looking for ways around SB 1080. Gov. John Kitzhaber aligned himself with this effort.
What became SB 833 was concocted in 2012 by a secretive governor’s panel, the very existence of which was denied by state officials. Multiple requests for information on the makeup of the group, its meeting minutes and its agendas were also denied. The 2013 Democratic leadership then partially bypassed the normal legislative hearing process and rammed the bill through the 2013 Legislature. Every Lane County Democrat in the Legislature supported the bill.
On May 1, of last year, Kitzhaber symbolically signed SB 833.
It can only be surmised that the secrecy was prompted by concern that most (legal) Oregon residents would oppose the plan. Any such concern was tempered by the desire to appease certain constituencies and business interests, which was the real purpose of the bill.
SB 833 and the process through which it was passed did indeed provoke widespread anger around the state. That anger made it easy for opponents, led by Oregonians for Immigration Reform, to gather quickly more than enough signatures to force the referendum. That’s when the dirty politics really ramped up.
The original ballot title of the SB 833 referendum, written by the state attorney general’s office, reads, “Provides Oregon resident ‘driver card’ without requiring proof of legal residence in the United States.” No matter how legislators may try to spin the intent of SB 833, that is what the bill did. Accordingly, that ballot title is appropriate and accurate. Because at least some voters decide a measure based solely on its ballot title, the wording is critical.
But regardless of where they stand on the referendum, all Oregonians should be alarmed at what happened next.
Legislative sources advised Oregonians for Immigration Reform that a poll of likely Democratic voters showed solid opposition to the “driver card” measure. Facing the strong possibility of an embarrassing rebuff in November, House Democrats, joined by three Republicans, did an eleventh-hour maneuver called a “gut and stuff” they gutted House Bill 4054 of its original contents and stuffed the bill with new provisions.
The revamped bill contained alternate wording of the referendum ballot title: “Establishes limited purpose, duration driver card for individuals who prove Oregon residency, meet driving requirements.”
Gone was the reference to “legal residence in the United States,” an omission that would have defeated the whole purpose of the referendum. In a final act of arrogance, a provision was added prohibiting any challenge to the revised title.
Never before had the Legislature rewritten the ballot title of a citizen referendum. Clearly, it was done to undermine the purpose of the referendum and sway the outcome.
Newspaper editorial boards slammed the action, calling it “an act of mass lunacy,” “mocking the voters,” “blatantly trying to game the system” and “a breathtakingly cynical ploy,” among other unflattering characterizations.
Despite the uproar, HB 4054 passed the House with every Lane County Democratic representative voting “yea.” In part due to the uproar, smarter heads prevailed in the Senate, where the bill died the death it so deserved.
Because of the successful citizens’ referendum, now certified by Oregon’s highest court, Oregon voters will decide this November whether SB 833 is good or bad public policy. There are, understandably, strong feelings on both sides of the issue, and the campaigns are likely to be heated.
But the opponents of SB 833 followed the rules and played by the book. Legislators who should have known better tried to hijack the process and write their own rule book.
I will respect the voters’ decision, no matter which way it goes. One can only hope our legislators will do likewise and not repeat this sorry chapter in Oregon politics.
Jerry Ritter of Springfield works on legislative issues for statewide citizens’ groups, including Oregonians for Immigration Reform, of which he is a member
