Pubdate: Fri, 03 Nov 2000 Source: Washington Post (DC) Copyright: 2000 The Washington Post Company Contact: 1150 15th Street Northwest, Washington, DC 20071 Feedback: http://washingtonpost.com/wp-srv/edit/letters/letterform.htm Website: http://www.washingtonpost.com/ Author: David S. Broder , Washington Post Staff Writer THE BALLOT BATTLE; INITIATIVE ENGINEERS SEEM TO BE RUNNING OUT OF STEAM In a year when many ballot measures may face a skeptical electorate, the two most noted initiative entrepreneurs in the Northwest are struggling to maintain their leverage. Bill Sizemore, who collected signatures for seven of the record 26 measures on the Oregon ballot Tuesday, and Tim Eyman, who created two of the six initiatives on the Washington ballot, are running into fierce resistance from opponents. Elsewhere around the country, said Dane Waters, head of the Initiative and Referendum Institute in Washington, D.C., "it does not look like a banner year for passing ballot measures." He said the 1998 success rate of 61 percent was "unusually high by historical standards," and is almost certainly not going to be duplicated next week. The 70 voter initiatives and two popular referendums that share ballots with 130 measures placed there by legislatures touch on many inflammatory topics from assisted suicide to zoning controls, to say nothing of a batch of tax limitation measures. Waters foresees tough sledding for many of the propositions, including various animal protection or hunting limitation statutes. In Massachusetts, for example, polls this week showed four major initiatives winning support from 37 to 50 percent of the people, making them likely losers. They include a measure backed by Gov. Paul Cellucci (R) to reduce the state income tax and initiatives to end turnpike tolls, ban dog racing and mandate a universal health care program. On the other hand, Waters said, initiatives to require background checks of gun show purchasers have a good chance in Colorado and Oregon. The Oregon ballot is more jam-packed than any in history, requiring the Voters' Pamphlet to be published in two volumes totaling 428 pages. Signatures to qualify six of the 26 measures were collected by Sizemore, the salaried head of the Oregon Taxpayers Association and the president of I & R Petition Services, a signature-gathering firm that Sizemore says took in about $ 1 million in fees for its work this cycle. Sizemore, who parlayed his fame as an anti-tax crusader into gaining the Republican gubernatorial nomination in 1998, only to lose decisively to Gov. John Kitzhaber (D), has lost more often than he has won on his ballot initiatives as well. But, as his frequent critic, former secretary of state Phil Keisling, said, "He doesn't really mind losing, because he comes back with the same measure the next year." For example, two of Sizemore's current initiatives are patterned on a 1998 measure, narrowly rejected by voters, which would have banned dues checkoffs for state employees if their unions used any of the money for political activities. His new versions apply to public-sector and private-sector unions. Roger Gray, who is coordinating the union-led opposition coalition, said, "We spent $ 4 million to beat it in 1998 and it will cost us about the same this time." One of the opposition ads features a firefighter telling viewers that his union helps Jerry Lewis's annual muscular dystrophy drive with some of its dues checkoffs, "so on behalf of Jerry's kids, and all the rest of us, please vote no." Another Sizemore initiative--building on tax-limit measures he has sponsored successfully in the past--would allow unlimited deduction of federal income tax payments from state income taxes, superseding the current $ 3,000 deduction cap. Official estimates are that it would reduce annual revenues $ 800 million to $ 1 billion in a state general fund budget of about $ 6 billion. And another would require that any future increase in taxes or fees be approved at the ballot box by the same percentage of voters as pass this initiative. Kitzhaber, a supporter of the initiative process, said in an interview that "the problem is the way it's being used now. There are hired guns who make a business of collecting signatures, so any group that can raise $ 200,000 can get a constitutional amendment on the ballot." Where Sizemore favors a shotgun strategy that forces his opponents to fight on many fronts at once, Eyman has taken a more targeted approach in Washington. The youthful entrepreneur, who calls his initiative enterprise Permanent Offense, beat the state's political and business establishment with a low-budget 1999 initiative capping the annual motor vehicle excise fee, which had been as high as several hundred dollars on expensive, new cars, at a flat $ 30, and requiring public approval of any new or increased taxes and fees. That measure would have reduced annual revenue by $ 750 million. This year, Eyman is sponsoring a "son of I-695" initiative rolling back all levies local governments passed to make up for the reduced state aid resulting from his 1999 measure. But on Sept. 28, the Washington supreme court ruled 8 to 1 that I-695 was unconstitutional because it dealt with more than one subject and was misleading to voters. Eyman took the setback in stride, noting that the legislature and governor had responded to I-695 by enacting the $ 30 excise cap on their own. He promises that he will try next year to pass an initiative requiring public approval of any future tax hikes. In the meantime, he is engaged in battle with the same kind of coalition of political-business leaders over a measure he placed on Tuesday's ballot to ensure that 90 percent of all transportation money be used to build or improve highways. That is his approach to the traffic jams and sprawl problems afflicting the Seattle area. In Arizona, the Sierra Club and other environmentalists are promoting an ambitious land use initiative. A similar initiative is on the ballot in Colorado. Among the other five initiatives on the Arizona ballot are measures to end bilingual education and to create a nonpartisan redistricting commission. In Colorado, voters will also face initiatives requiring a 24-hour delay in obtaining an abortion and one phasing out a variety of local and state taxes. Polls this week showed support for both measures eroding and their passage may be in doubt. In California, Gov. Gray Davis (D) has put his prestige on the line for an initiative that would help build schools by reducing the requirement for approval of school bonds from 67 percent down to 55 percent. With taxpayer groups in opposition, polls show it slipping close to dangerous territory. Maine will vote on physician-assisted suicide and gay rights; the latter has been polling majority support, but the fate of the former is in doubt. Groups led by financier George Soros have placed measures liberalizing drug laws on the ballot in six states: California, Colorado, Massachusetts, Nevada, Oregon and Utah. Two would allow doctors to prescribe marijuana to patients; two would divert first and second drug offenders to treatment programs instead of jail; and two would make it more difficult for law enforcement officials to confiscate property in drug busts. Generally speaking, the medical marijuana measures command higher support in the polls than the other proposals. In Alaska, a group not affiliated with Soros is sponsoring an initiative simply to legalize marijuana. - --- MAP posted-by: Don Beck