“We’ve brought a petition signed by over 100 residents, so you have to do what we want you to do.”
It happens from time to time. A group of citizens upset about something goes around the area collecting signatures, then presents them to a government board with a demand that the board immediately take whatever action they demand. Stop that new gas station. Replace that incompetent basketball coach. Ban wind turbines. Or all sorts of other demands.
That board will probably thank them for sharing their thoughts … and then simply ignore their request. That infuriates people, because they assume their local officials represent their interests (they do), so they should automatically do whatever’s demanded (not so fast). Doesn’t the First Amendment to the U.S. Constitution spell out “the right of the people … to petition the Government for a redress of grievances”?
It absolutely does. But people misunderstand the old-fashioned meaning of the word “petition.” In this context, the verb “petition” doesn’t refer to the noun that’s usually a document with a long list of signatures. It simply means “make a request.” If you step up to speak during the public comment portion of a board meeting, you’re petitioning the board to do (or not to do) something.
State and local government officials are not required to accept or act upon petitions like these. That’s a good thing, because people who circulate petitions rarely have a complete understanding of what’s happening or the laws the board is required to follow no matter how much they may object.
One of the biggest problems with petitions is that they follow wildly different formats. Often, people try to write like lawyers, even though their complete understanding of the law clearly comes from watching Law & Order. I’ve been handed neatly printed petitions, emails in which someone typed all the names, and others scrawled on lined paper from a spiral notebook. The bigger problem is that there’s no proof that people whose signatures appear actually signed them. Multiple times, I’ve seen clear evidence that somebody signed for a spouse who wasn’t home (identical handwriting). Others will add the names of their kids to make the list longer – or forge signatures for people they didn’t talk with but who they “know” support their viewpoint.
There are some situations in Indiana law in which petitions play a role. Run for office, and one of the documents you’ll have to submit is referred to as a petition. If you and enough of your neighbors object to your local school district’s plan to spend $15 million to modernize that 50-year-old elementary school, you can file a petition objecting to it. That’s what’s known as a remonstrance, and it triggers a contest in which both sides circulate petitions during a limited time period, and whoever gets the most signatures wins. (That’s a short explanation of a complex process.)
Feel strongly about something and want your government representatives to know how you feel? Skip the fancy petition and reach out to them directly outside of a meeting. Most will listen thoughtfully and help you develop a better understanding of the situation and the best way to proceed.