Petition

From Ballotpedia
Revision as of 22:03, 3 October 2009 by January (Talk | contribs)

(diff) ← Older revision | Latest revision (diff) | Newer revision → (diff)
Jump to: navigation, search
Election official checks petition signatures.
Photo credit: Washington Secretary of State's office
A petition is a request to an authority, most commonly a government official or public entity.

Definition

In the colloquial sense, a petition is a document addressed to some official and signed by numerous individuals. A petition may be oral rather than written, and in this era may be transmitted via the Internet. The term also has a specific meaning in the legal profession as a request, directed to a court or administrative tribunal, seeking some sort of relief such as a court order.

History

Petitions were a common form of protest and request to the British House of Commons in the 18th and 19th centuries, the largest being the Great People's Charter, or petition of the Chartists. They are still presented in small numbers.

The Petition Clause of the First Amendment to the U.S. Constitution guarantees the right of the people "to petition the Government for a redress of grievances." The right to petition has been held to include the right to file lawsuits against the government.

Modern use

Petitions are commonly used in the U.S. to qualify candidates for public office to appear on a ballot; while anyone can be a write-in candidate, a candidate desiring that his or her name appear on printed ballots and other official election materials must gather a certain number of valid signatures from registered voters. In jurisdictions whose laws allow for ballot initiatives, the gathering of a sufficient number of voter signatures qualifies a proposed initiative to be placed on the ballot. The 2003 California recall election, which culminated in the recall of Governor Gray Davis and the election of Arnold Schwarzenegger, began when U.S. Representative Darrell Issa employed paid signature gatherers who obtained millions of signatures at a cost to Issa of millions of dollars. Once the requisite number of signatures was obtained on the recall petition, other petitions were circulated by would-be candidates who wanted to appear on the ballot as possible replacements for Davis. After that step, a vote on the recall was scheduled.