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Local politics, the county, and the world, as viewed by Tammy Maygra Tammy’s views are her own, and do not necessarily reflect the views of Bill Eagle, his pastor, Tammy’s neighbors, Wayne Mayo, Betsy Johnson, Joe Corsiglia, President Trump, Henry Heimuller, VP Pence, Pat Robertson, Debi Corsiglia’s dog, or Claudia Eagle’s Cats. This Tammy’s Take (with the exception of this disclaimer) is not paid for or written by, or even reviewed by anyone but Tammy and she refuses to be bullied by anyone. See Standard Disclaimer.
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Senate Bill 368
The Oregon Association of Counties ,made up of county commissioners from throughout the state. Of which our county commissioners ,Alex is an officer, Margaret and Henry are members, have cooked up a way to keep us from using the initiative process. It's called the 'separate vote'. This cooked up scheme is nothing more than to Keep the people from participating in their government. It will require more in depth rules and regulations. More than the average citizen can possibly handle. The elected people do not want initiative’s to be available for the people. Because the elected officials believe they can tell and dictate to the people what they want without any opposition. I am very angry with our three county commissioners who tout they really listen to the voters. I am sorry if the initiative process makes it harder for elected representatives to run roughshod over the people. Too bad, if there is something wrong going on in our government, and the elected people will not listen to the will of the people and adjust their actions and legislation, if the people want due process and redress then the initiative process is the answer. Lets not allow the process to be muddied and more complex. Please write a letter in opposition to SB368 mail your comments too: srules.exhibits@oregonlegislature.gov Below is some information you can use in your letter, County clerks should not be empowered to disqualify measures from the ballot on the basis of a separate-vote test, for many reasons: 1. Separate-vote analysis is a complex legal inquiry that is beyond the capability of most, if not all, county clerks, who are typically not lawyers. Opinions of the Oregon Supreme Court applying the separate-vote test to proposed amendments to the Oregon Constitution typically occupy dozens of pages of text. 2. There is no separate-vote requirement for county charter amendments in the Oregon Constitution. 3. Adding a separate-vote requirement for county charter amendments by mere statute would violate several provisions of the Oregon Constitution, including: 1. Article III, §1, which prohibits interference by one branch of government into the other branches (separation of powers), which assures the governance system has checks and balances. 2. Article I, § 8, which prohibits interference with freedom of speech, which includes petitioning and making issues the subject of widespread public attention. 3. Article I, § 26, which prohibits interference with freedom of assembly and the right to petition government for redress. 4. Article II, § 18(8), which prohibits the Legislature "in any way to limit the initiative and referendum (I&R) powers reserved by the people," thus protecting individual rights to participate in legislative functions secured by Article VI, § 10. 5. The First Amendment to the U.S. Constitution, which protects freedom of speech and assembly. The Fourteenth Amendment to the U.S. Constitution, which requires due process of law. (SB 368 would allow county clerks to disqualify measures from the ballot on separate-vote grounds, without providing prior notice to anyone or conducting any sort of hearing or process; this would violate Due Process Testimony in opposition to SB368 Senate Rules Committee February 11. 2019 Chair Burdick and Members of the Committee, My name is Tammy Maygra, I oppose Senate Bill 368. I have used the initiative process to stop fraudulent activities of a Health District. The initiative process was the only way the taxpayers could have due process against a “Special District” which used millions of dollars for other things than what the voters approved. When elected officials ignore significant actions against the taxpayers, because of political allegiances, personal affiliations, or big money donors, It is the only remedy available to the average citizen. The initiative is a process for the average citizen to participate in their government. Without this process the average citizen has no voice to make a change in their government. The initiative process is in twenty four states, and an important factor to the health and standard of a free republic and must be upheld and used unabridged. The architects of Oregon’s Constitution, sets forth the proclamation very eloquently, direct and most importantly as to protect the citizens of the state and the state itself from being two separate entities and equal in all social aspects. Per Article 1, Section 1 of our Constitution: “We declare that all men, when they form a social compact are equal in right: that all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety, and happiness; and they have at all times a right to alter, reform, or abolish the government in such manner as they may think proper.” Without the initiative process the people of Oregon has no remedy from county, city or state legislation.The initiative is a check and balance for “we the people”. I oppose this change for several reasons, 1.A County Clerk in Oregon is not required to have a law degree or any understanding of legal verbiage. Therefore they should not be empowered to make any legal decisions, or actions regarding a document’s legality. 2. Adding a separate vote would halt freedom of speech which is guaranteed by the Constitution of The United States. 3. A separate vote would end the Due Process of law which is guaranteed by the 14th Amendment of the US Constitution. 4. Oregon’s constitution clearly states in Article II, § 18(8), which prohibits the Legislature "in any way to limit the initiative and referendum (I&R) powers reserved by the people. To make a separate vote without the people of Oregon requesting the said action, through a ballot measure, is a direct attack, on Oregon’s constitution and the rights of all Oregonians. 5. Requiring a separate vote requirement would prohibit the ability of citizens to partition “their” government for seeking relief or remedy or to right a wrong. SB 368 is a bad bill; it is an attack on the very basic principle’s which this country and state has afforded and guaranteed its people for generations. A free republic without the participation of all its people is no republic at all. In order to have a free and functioning society our government must have oversight from its citizens. Even if the participation of its people is considered by some to be burdensome, unwanted, or not in the majority, it is prudent to allow democracy to proceed without hesitation, infringement, or added difficulty. It is imperative that all citizens are allowed to easily participate in the making or running of “their” government. I urge you to join me in opposition to SB 368
Regards, Tammy Maygra
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