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A2   UP FRONT
                     Monday 21 March 2022
            State constitutional convention measures stoke partisan fear




            Alaska is one of three states                                                                                       are  taking  sides  on  the
            where  voters  will  decide                                                                                         question that will be on the
            this  fall  whether  to  call  a                                                                                    November ballot.
            convention  to  consider                                                                                            This  year’s  vote  will  follow
            amendments  to  their  con-                                                                                         an expected mid-year de-
            stitution.  The  question  has                                                                                      cision by the U.S. Supreme
            gained  little  attention  in                                                                                       Court in a case that could
            Missouri  and  has  generat-                                                                                        severely  erode  abortion
            ed only mild interest so far                                                                                        rights  across  the  country.
            in  New  Hampshire,  where                                                                                          The Alaska Supreme Court
            a group opposed to COV-                                                                                             has  interpreted  the  state
            ID-19 mandates and restric-                                                                                         constitution’s right to priva-
            tions has discussed starting                                                                                        cy as encompassing abor-
            a  campaign  to  advocate                                                                                           tion  rights,  but  many  con-
            for  a  convention.  That                                                                                           servatives want to do away
            group,  Rebuild  NH,  hasn’t                                                                                        with that interpretation.
            yet said what amendments                                                                                            The  conservative  Alaska
            it might favor.                                                                                                     Family Council says it con-
            In all, 14 states are required                                                                                      siders calling for a conven-
            to  hold  periodic  elections                                                                                       tion one of its top priorities.
            asking  voters  whether  to                                                                                         It supports an amendment
            convene  a  constitutional                                                                                          saying  nothing  in  the  con-
            convention.      Delegates   Demonstrators attended a press conference that turned into a rally against vaccine mandates   stitution may be construed
            typically  have  free  reign   outside the Statehouse, Tuesday, Sept. 14, 2021, in Concord, N.H.                    as  protecting  a  right  to
            to  propose  revisions  —  or                                                                      Associated Press  abortion. The group also is
            even entirely new constitu-                                                                                         supporting issues related to
                                                                                                   tions — that would then go   school choice and chang-
                                                                                                   back  to  voters  for  ratifica-  es  to  the  judicial  selection
                                                                                                   tion.                        process.Existing  precedent
                                                                                                   State  constitutional  con-  in the state provides “pret-
                                                                                                   ventions  called  by  voters   ty significant insulation” for
                                                                                                   have    become     increas-  Alaska  women  “to  con-
                                                                                                   ingly  rare.  More  than  30   tinue to have reproductive
                                                                                                   such ballot questions have   choice,” said Susan Orlan-
                                                                                                   failed  since  Rhode  Island   sky,  interim  executive  di-
                                                                                                   voters  last  authorized  one   rector of the American Civil
                                                                                                   in 1984.                     Liberties  Union  of  Alaska.
                                                                                                   Voters  in  New  Hampshire   But  she  said  her  group  is
                                                                                                   haven’t  authorized  one     concerned  about  the  po-
                                                                                                   since  1982.  Delegates  at   tential for a convention. A
                                                                                                   that  gathering  debated     convention  carries  the  risk
                                                                                                   more  than  100  amend-      of possible changes to the
                                                                                                   ments, with 10 making it to   constitution that could un-
                                                                                                   the ballot. Voters approved   dermine those protections,
                                                                                                   six, including measures that   she said.
                                                                                                   required  the  legislature  to   A prominent advocate for
                                                                                                   meet  annually  instead  of   a  convention  is  Bob  Bird,
                                                                                                   every  other  year  and  en-  chair  of  the  Alaskan  Inde-
                                                                                                   suring polling places would   pendence  Party,  which  is
                                                                                                   be  accessible  to  disabled   one  of  the  three  recog-
                                                                                                   voters. The country is more   nized political parties in the
                                                                                                   divided today.               state  and  considers  itself
                                                                                                   “Whereas  at  one  point     a  blend  of  conservative
                                                                                                   a  constitutional  conven-   Republicanism,   populism
                                                                                                   tion  was  seen  as  a  way   and  libertarianism.  Among
                                                                                                   to  empower  the  people     other things, Bird has urged
                                                                                                   and overcome challenges      changes to the judiciary.
                                                                                                   that they saw with the op-   Critics of a convention say
                                                                                                   eration  of  government,     the  heated  political  envi-
                                                                                                   the people now no longer     ronment makes this a bad
                                                                                                   have  trust  that  constitu-  time to open the state con-
                                                                                                   tional conventions will work   stitution, but Bird disagrees:
                                                                                                   out,”  said  John  Dinan,  a   “If we didn’t have this en-
                                                                                                   political  science  profes-  vironment, it wouldn’t even
                                                                                                   sor  at  Wake  Forest  Univer-  be  considered.  It  would
                                                                                                   sity  who  studies  the  topic.   be  brushed  off  like  it  has
                                                                                                   “There’s  significant  fear  of   (been) in the past.”
                                                                                                   runaway  conventions  or     The  last  time  the  question
                                                                                                   opening the Pandora’s box    was  on  the  ballot  in  Alas-
                                                                                                   of issues.”                  ka, in 2012, voters rejected
                                                                                                   That’s  what  is  emerging  in   calling for a convention by
                                                                                                   Alaska, where some groups    a nearly 2-to-1 margin.q
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