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Forgeries raise questions about role money plays in petition process

Paul MacDonald (center) of Carmel discusses the petition that would repeal Maine's law protecting gays and lesbians from discrimination and reaffirm the law prohibiting same-sex marriage with Phyllis Lamstein (right) of Dismont, who was collecting petition signatures for Equality Maine, which supports equal rights regardless of sexual orientation. MacDonald said he is &quotstrongly committeed to the teachings of the Bible" and wants to &quotprotect these things."  (BANGOR DAILY NEWS PHOTO BY KATE COLLINS)

CAPTION

Phyllis Johnston, left, of Carmel, and Paul MacDonald, also of Carmel, discuss the petition Johnston was collecting signatures for on Maine's primary elections day (Tuesday, June 10, 2008) at the Carmel Grange.   The petition supports legislation which would repeal Maine's law protecting gays and lesbians from discrimination and reaffirm the law prohibiting same-sex marriage.  At right is Lynne Lamstein of Dixmont, who was collecting signatures for Equality Maine, which supports equal rights for all, regardless of sexual orientation.  After signing the preserve marriage petition, MacDonald said that he is &quotstrongly committed to the teachings of the Bible" including &quotsexual practices" and wants to &quotprotect these things".  (Bangor Daily News/Kate Collins)
Paul MacDonald (center) of Carmel discusses the petition that would repeal Maine's law protecting gays and lesbians from discrimination and reaffirm the law prohibiting same-sex marriage with Phyllis Lamstein (right) of Dismont, who was collecting petition signatures for Equality Maine, which supports equal rights regardless of sexual orientation. MacDonald said he is "strongly committeed to the teachings of the Bible" and wants to "protect these things." (BANGOR DAILY NEWS PHOTO BY KATE COLLINS) CAPTION Phyllis Johnston, left, of Carmel, and Paul MacDonald, also of Carmel, discuss the petition Johnston was collecting signatures for on Maine's primary elections day (Tuesday, June 10, 2008) at the Carmel Grange. The petition supports legislation which would repeal Maine's law protecting gays and lesbians from discrimination and reaffirm the law prohibiting same-sex marriage. At right is Lynne Lamstein of Dixmont, who was collecting signatures for Equality Maine, which supports equal rights for all, regardless of sexual orientation. After signing the preserve marriage petition, MacDonald said that he is "strongly committed to the teachings of the Bible" including "sexual practices" and wants to "protect these things". (Bangor Daily News/Kate Collins)
Posted Feb. 03, 2010, at 8:44 p.m.
FOR STORY BY NOK NOI HAUGER Bucket Davis of East Machias and Judy Sproule of Trenton count names on on petition circulated by the Maine Coalition to save Schools at a meeting of the Coalition on Saturday in Brewer.   BANGOR DAILY NEWS PHOTO BY BOB DELONG  (WEB EDITION PHOTO)
FOR STORY BY NOK NOI HAUGER Bucket Davis of East Machias and Judy Sproule of Trenton count names on on petition circulated by the Maine Coalition to save Schools at a meeting of the Coalition on Saturday in Brewer. BANGOR DAILY NEWS PHOTO BY BOB DELONG (WEB EDITION PHOTO)

Dead men don’t vote. And they can’t sign their names to voter petitions, either. But one did in the town of Greene last year.

The signature of a deceased town resident was discovered by an alert town clerk on a petition asking voters if they wanted the tax reform bill to go to a people’s veto referendum in June. Upon further review, the clerk discovered that every signature on the petition was invalid. The state legislator who represents the town says the Attorney General’s Office is considering prosecuting the case.

It wasn’t the first time a dead person’s name was found on a referendum petition. About four years ago, a Northport woman was sentenced to 45 days in jail for forging more than 300 signatures — including a deceased Winslow resident’s name — on a gambling petition.

In both cases, the signature gatherers were not volunteers who believed in the cause. For them it was just a job — making a dollar or two per signature.

These incidents have called attention to the increasing role money is playing in a process that was designed 100 years ago to give citizens a way to bypass their elected officials by bringing an issue directly to the voters.

Petition Regulations

Two Democratic state legislators want to place stricter rules on the gathering of signatures on petitions that send ballot questions to voters.

Click here to read this story.

Critics of the paid-signature business say it is not only contrary to the grass-roots intent of the citizen initiative movement, it also motivates some signature gatherers to cheat their way to a quick pay day.

While defenders of the process say the fraud represents only a small part of the total signatures gathered, people on both sides of the issue acknowledge signature collecting has become big business.

At the request of the Maine Center for Public Interest Reporting, the Maine Commission of Governmental Ethics and Election Practices calculated the total amount of money spent on signature gathering between 2006 and 2009 on issues from tax reduction to gay marriage — $1.66 million.

Of that, nearly $1.2 million went to one California firm to gather signatures for groups pushing three ballot questions: vetoing same sex marriage, which was successful last year, and approving a casino in Oxford County and defeating tax legislation, both of which will be on the June ballot.

Generally, according to public officials and those in the signature-collecting business, the pay is anywhere from 50 cents to $2 per signature.

Concerns about the influence of paid signature gatherers has prompted two Democratic state legislators to file bills to require more transparency and accountability.

“The current system gives incentives to lie and cheat,” said the sponsor of one of those bills, state Rep. Seth Berry, D-Bowdoinham “We need to do something about some of these fly-by-night companies.”

In his study of the citizen initiative process titled “Democracy Derailed,” syndicated columnist David Broder quotes David Frohnmayer, president of the University of Oregon, criticizing his own state’s initiative process: “It’s no longer citizens fighting the oligopoly. Now it’s the oligopoly paying people to act as citizens.”

‘Something fishy’

Sally Hebert has been the town clerk in Greene for 22 years and lived there all her life. When a woman who had been paid $1 per signature to gather names submitted the petition, Hebert did what she always does — review the list to confirm if the people who signed are registered voters.

The first problem she spotted was a signature of a woman she knew — she even knew her handwriting. “It just didn’t match,” Hebert said.

So she got on the phone and called the woman who had supposedly signed the petition.

“She told me she didn’t sign anything like that,” Hebert said. That made her more suspicious, and she checked every signature on the petition against the town’s voter rolls.

“They were all false,” she said. “One was even deceased.”

She told the Secretary of State’s Office, and according to the state senator who represents Greene, Democrat John Nutting, the matter is under review for possible prosecution by the state attorney general. A spokeswoman for that office said she could neither confirm nor deny that the matter has been referred to the Attorney General’s Office.

The woman who collected the Greene signatures has not been identified. She was hired by an Auburn man who runs a political consulting business, former Republican legislator Stavros Mendros.

Mendros said he had heard from a friend about “something fishy going on,” and he also called the secretary of state about the woman.

This wasn’t the first time Mendros’ consulting operation has run into trouble: In 2007, he pleaded guilty to three counts of falsely notarizing the signatures of petition circulators on pro-gambling petitions and was fined $2,000.

The Greene incident resembles a December 2005 case that involved forged signatures in a dozen Maine communities.

Amanda Arsenault, 22 at the time, was hired to get signatures on the tribal gambling petition. Instead, she forged more than 300 names — and again at least one of them was a dead person.

The town clerk in Winslow had spotted the name of a deceased resident on one of the petitions, and the city clerk in Augusta also noticed irregularities.

“The first hint I had was seeing the name Mary Mayo on the petition,” recalled Augusta clerk Barbara Wardwell. “She always signs her name as Mary Mayo-Wescott.”

Mayo-Wescott said, “I went right down there to see it, and it wasn’t even the way I sign my name.”

“I was appalled, and I was shocked,” she said.

Names from the phonebook

That prompted Wardwell to check all five pages of the petitions submitted by Arsenault. One of the odd things she noticed is that some signers had abbreviated their first names: “Geo” for George and “Robt” for Robert, for example.

“That’s the way these names often show up in the phone book,” she said. “Then it dawned on me — all of these are from the phone book.”

The Winslow businessman who hired Arsenault confirmed that suspicion. Peter Martin had been hired by the Washington County slot machine supporters to help gather the necessary 55,000 signatures to place the issue on the 2007 ballot. Voters rejected it.

“The Winslow clerk called and said something doesn’t look right,” said Martin.

When Martin examined the petitions, “I could tell she has used a practice known as ‘round-tabling.’ They sit around a table and pass around the phone book and copy names out of it.”

Martin said he had already paid her about $2,000, but he withdrew the bad petitions and notified the secretary of state.

Arsenault pleaded guilty in Kennebec County Superior Court to aggravated forgery and was sentenced to 45 days in jail. Assistant Attorney General Leanne Robbin handled the case.

“She wasn’t a zealot about the petition. She just wanted the 50 cents or two bucks per signature,” Robbin said. “Absolutely, her only motive was to get paid.”

‘Hawking’ for signatures

In 1994, the Maine Legislature was so concerned about the effect of pay-per-head signature gathering on the integrity of the process that it passed a ban on the practice, while still allowing gatherers to be paid by the hour, for example.

“The whole thing gave me the complete total shivers,” said Marge Kilkelly, who sponsored the bill when she was in the Legislature representing the Wiscasset area.

“I really do believe that signing a petition to put an issue on the ballot is just as sacred as voting … It felt to me that people were just out there hawking for your signature, not because they believe in the cause, but because it would make them some money.” she said.

Signing a petition is, in effect, “voting to vote,” Kilkelly said. And when money changes hands in that process, “To me, it’s like being paid to vote.”

But the law banning pay-per-head signature gathering was struck down in federal district court based upon the argument that the law was not “consistent with the First Amendment” and might hinder the citizen initiative process. But the court also suggested it might have ruled otherwise if the state had presented any evidence of actual fraud.

Concerns about the process being subverted for money were not enough for the court to uphold the ban, partly because, “To the secretary’s knowledge, no petition circulator in Maine who has been paid per signature has been prosecuted for forgery in connection with signature gathering.”

North Dakota was able to have a similar law upheld by the federal courts in 2001. That law prohibited paying per signature and required circulators to be state residents. The court ruled that “these two regulations are designed to protect the integrity of signature gathering.”

North Dakota’s case was made stronger because, unlike Maine 10 years ago, it was able to cite at least one example of fraud: 17,000 invalidated signatures, some of which had been gathered by paid workers from Utah.

The court said North Dakota’s law ensures that a ballot issue “has grass-roots support in North Dakota and that the initiative process is not completely taken over by moneyed interests and out-of-state special interest groups.”

John Bjorson of North Dakota’s Attorney General’s Office said many of those bad signatures that led the court to uphold his state’s law were — like the forgeries in Maine — “made up; they were taken right from the phone book.”

In Maine, petitions are certified by the secretary of state, an office currently held by Democrat Matthew Dunlap. Dunlap acknowledged that the pay-per-signature approach “raises fears that it encourages people to game the system, to take out the phone book and pass it around.”

A system will soon be in place at his office to electronically match signatures on petitions with signature cards, but he added that “a good forgery would be hard to detect.”

‘A sacred process’

The first citizen’s initiative in Maine was on the 1911 ballot. It asked voters to approve primary elections for political parties and passed by more than 2 to 1.

In the next 60 years, only six more issues made it to the Maine ballot based on signature-gathering petitions. There were none at all in the 1950s and ’60s.

Government-by-referendum was hardly a general topic before California voters approved a tax rollback known as Proposition 13 in 1978.

Maine started getting into the act in the 1970s and ’80s. But the process has been especially active in the last 20 years, producing 32 ballot questions, while there were only 24 in the first 80 years of Maine’s version of direct democracy.

Three are scheduled for this June: reversing the law that lowered the state income tax and broadened the sales tax; the Oxford County casino; and banning fluoride in public water supplies.

The first two got on the ballot with the substantial help of paid signature gatherers working for an out-of-state professional firm.

It all strikes Mayo-Wescott, the former city councilor whose name was forged, as contrary to the spirit of voting.

“I believe in the people’s right to petition,” she said. “I worked on a petition drive myself in the past, and it’s really hard work to get those names, but it’s supposed to be because it’s a sacred process, and it should be done correctly. They should never be paid for it. It’s been abused and overused.”

John Christie is the founder and senior reporter of the Maine Center for Public Interest Reporting based in Hallowell. The center is a nonprofit organization that provides nonpartisan in-depth reporting as a public service to its media partners. The e-mail address is mainecenter@gmail.org. The Web site is pinetreewatchdog.org.

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