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10/04/2006: "Citizen Questions CC On Advisory Ballot Policies"

(Jacqueline Hansson addresses County Council on Advisory Ballot Measures)

On Tuesday Mornings any citizen may address the County Council on almost any topic (click here for CC Guidelines for Access Time ) they choose. The allotted time for a presentation is only five minutes, and the Council is not supposed to respond, but depending on who is talking, and what the subject is, this is one guideline that appears to be somewhat flexible. Last Tuesday, Jacqueline Hansson appeared before the Council to question the "advisability and the legality" of the Council's policy on advisory ballots.

Hansson told the Council that "I am not here to speak either for or against the war in Iraq but rather the process that was used in the adoption of this advisory ballot measure" . Unlike many who have addressed the Council, Hansson had prepared remarks, and had obviously attempted to obtain answers to her questions prior to coming before the Council. Hansson said that questions were raised for her by the inclusion of a ballot measure on the Iraq war, and that "When I received my ballot around September 1, I was surprised to see this as a ballot measure.


Hansson said she recalled Lichter's comment when he was running for office that "Anything which encourages citizens to participate in government and express their opinions is good." With this in mind, she said " I wondered who put this Advisory Ballot Measure on the ballot, and more important how does a ordinary citizen get an Advisory Measure on the ballot." She started asking questions, starting with Dan Gillespie, the Elections Supervisor, who informed her that the Council decided what, and if, an Advisory Ballot measure would appear on a ballot.

After contacting the Council's office, she was informed there was a process for the procedure, but that the Council did not have information on it and would contact "the Elections Supervisor to research the applicable state law", and suggested she contact the SJC Prosecuting Attorney's office. Mr. Gillespie told Hansson he would contact the Secretary of State's Office to determine what the applicable laws were, and then let her know. Hansson said that what he learned was that "there are no state statutes or codes allowing for advisory elections. He did learn, though, that there were a few Attorney General opinions about advisory elections. Mr. Gillespie recommended that I contact the Prosecuting Attorney's office for these opinions".

After contacting the Prosecutor' office, Hansson said Gaylord informed her that ""There is no procedure in San Juan County for the Council to propose an advisory measure" and sent her a State Attorney General's opinion that "There is no specific authorization for the conduct of a so-called advisory election by the Board of County Commissioners although we admit it is not an uncommon practice." A second AG's opinion she obtained states, "We have concluded that the only legitimate basis for the conduct of an advisory election at the county level is to obtain voter input with respect to the adoption or rejection of a county ordinance." Hansson told the Council members "Since the resolution about the Iraq War is not about the adoption of a county ordinance, I question the legitimacy and legality of this advisory ballot measure and would asked that this be researched before any resolution is sent to our Legislators."

Hansson added that "I question why we needed to do this. The American people will speak in November about the direction they wish our government to take with respect to this war when they elect representatives and senators.

She concluded her remarks by reminding the Council that Councilman Ranker had "questioned how much of this issue falls under the control of the Council and stated that San Juan County is barely treading water and questioned if this should even be a council issue ", she then expressed her own opinion that "We have important issues facing us on this island that you can directly affect. I urge you to confine your activities on this council to those issues"' The Council gave no response, or made comments on Hansson's presentation.

Later in the day the Council reviewed the letter they have decided to send to the President, the Governor, and the state representatives in Washington, informing them of the passage of the Advisory Ballot, and including a copy of the text of the ballot measure.