Payday Lenders Hail Mary Petition Drive
I've had a few people ask me about the petition drive to get a referendum repealing the payday lending bill (HB545) onto the ballot. My reply has been that there's little chance of them making the ballot, and if they do, even less chance of them winning in November. Interestingly, though, one of my key arguments is a whole lot shakier than I had realized.
The first hurdle is to actually get the petition drive started. In order to do that, they have to get language that provides a summary description of the initiative. It appears that they might have some problems there.
Assuming that they get this resolved by tomorrow (?!?), they will have to collect 241,365 signatures from registered voters in 44 of Ohio's 88 counties. That's a lot of signatures in a short period of time. In my conversations with interested citizens, I've compared this situation to that of the infamous "stripper bill" from last year. In both cases regulations were created to limit the activities of industries with low social standing (adult entertainment, payday loans). In both cases, private industry groups attempted to get the regulations repealed by going to the ballot. For the stripper bill, this involved hiring a slew of petition gatherers, and pressing them hard to get signatures in a hurry. The end result was a petition drive in which the invalid signatures outnumbered the valid signatures more than 2-1. This happened for an attempted repeal of a bill that wasn't even very popular with many folks on the right or the left. The Community Financial Services Association, on the other hand, is looking at trying to drum up support against a bill that was popular both with progressives and social conservatives. A substantial portion of the base of supporters for their position are people who use their financial products, a demographic that, unfortunately for tham, is much less likely to have/provide the valid registration data required for the petition.
Hopeless, right? Perhaps, and my money is still on missing the ballot, but there's an intriguing counter to that argument above. In the wake of failures such as the stripper bill repeal and the GIRFOF education amendment, a brand spanking new petition-gathering firm was created last January. They promise state-of-the-art collection techniques, real-time registration validation, and experience in collecting more than a million signatures in less than three months during 2006.
The Ohio Petition Company, however, has never conducted a petition drive of this magnitude. I can't find evidence that the company (as opposed to its founders in their pre-OPC days) have conducted a petition drive of any type at any time. They don't appear to have field tested this state-of-the-art approach at all. I contacted them by email last Friday for this post, but despite their website's promise of a 24-48 hour response time on emails, I haven't heard back from them.
The biggest political story to come out of this petition drive may not be the ballot measure (I can't imagine it will get within 10% of passage if it does make the ballot), but the success or failure of OPC's methodology. If they can get 241K valid signatures in six weeks for a dog like this initiative, the bar for ballot access in Ohio will be functionally lowered by a staggering amount. Expect a landslide of ballot access drives conducted by OPC and copycats in 2008. On the other hand, a spectacular failure using this methodology may send a very different signal about the cost/benefit ratio of attempts to spend one's way onto the ballot.