POT, EMINENT DOMAIN LAW PETITIONS WILL TEST VOTERS

This is going to be interesting. For the first time in memory, two
separate movements have been launched to block actions by the
Legislature. One will attempt to stop sweeping new restrictions in the
state's medical marijuana law; the other will try to suspend a law
that gives utilities the power to force landowners to sell property -
the power of eminent domain.

The two groups involved in these efforts face an uphill battle. To
succeed they need to gather a lot of signatures on petitions. If they
are successful in getting 5 percent of registered voters' signatures
in 34 of 100 legislative districts by Sept. 30, they will force a
voter referendum on the issues in the 2012 election. To suspend the
laws immediately - the stated intent in both cases - they will need to
get 15 percent of voters' to sign in 51 legislative districts.

Either is a tall order, the latter in particular. The success or
failure of these movements will test the mettle of the advocates
involved. Some 50,000 signatures or more may be needed to suspend the
laws immediately. In the case of those seeking to upend the utilities'
eminent domain powers, that law has already gone into effect. Those
seeking to stop the medical marijuana changes have until July 1 if
they want to stop the law from taking effect at all.

The eminent domain opponents say the new law usurps private property
rights by giving utility companies the power to locate new power lines
and other infrastructure where they want to. Medical marijuana
advocates say the sweeping new restrictions will essentially deny the
drug to those who legitimately need it.

The 1972 Montana Constitution is often held up nationally as an
example of how to keep the power in the hands of the people, and the
provisions for citizens to overturn legislative acts is an example of
why this is so. But the last time such an effort succeeded was in
1993, when voters suspended a flat 6.7 percent income tax rate. The
two current efforts will test the effectiveness of this constitutional
provision like never before.

Activists involved in these movements are called up on to keep their
appeals to voters honest and their tactics non-aggressive. And voters
will be wise to familiarize themselves with the issues now and make
sure they know what they're doing before they sign anything.

Let the signature gathering begin.