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A successful petition campaign could allow a minority to put off the benefits of a good law.

July 8, 2009

The people's veto is a valuable feature of the state constitution, which prevents the Legislature from passing a law that is opposed by the majority of voters.

Normally, the threshold for signatures is high enough – 10 percent of the total vote from the last gubernatorial election – and time frame tight enough – a 90-day window – to keep it from being misused.

But there are circumstances when it could be used by a minority to thwart the will of the majority.

The tax-reform repeal effort could be one of those times. People should carefully think through the consequences of what they are doing before signing a petition.

This is not a time when someone without a strong opinion should sign on just to put the matter before the voters. People shouldn't sign this measure unless they are ready to prevent the tax cut portion of the bill from taking effect for another year while the question is being debated.

This spring the Legislature achieved a longtime goal of adjusting the sources of tax revenue in order to cut income tax rates, dampen volatility and collect more from out-of-state visitors. The resulting law signed by Gov. Baldacci cuts income tax rates from 8.5 percent to 6.5 percent for top bracket earners who make less than $250,000 a year. The sales tax would be extended to some goods and services that are currently untaxed, and the tax on restaurant meals, hotel rooms and car rentals would be increased.

The law would go into effect on Jan. 1, in time for the 2010 tax year.

That would hit a snag, however, if repeal supporters were to collect enough signatures before the 90-day deadline in September, but miss the August cutoff for getting the measure on the November ballot.

That would mean that changes to the tax code would not be implemented until after the people's veto vote in June 2010. Even if it fails at the ballot box, it would likely be too late to put any changes to the tax code into effect until 2011.

In the meantime, Mainers would keep paying more in income tax, and visitors would keep paying less on their discretionary spending here than they do at home. An estimated $57 million would be taken out of Maine taxpayers' pockets and sent to Augusta, instead of circulating around Maine communities.

Petition supporters are aware of this but do not appear to be in any rush to gather their signatures. State GOP Chairman Charles Webster was quoted as saying that his group may prefer a June vote because it would give opponents more time to campaign.

That is their right, and anyone who feels that way should sign a petition. But no one should sign believing that they are just putting the issue on the ballot for debate. Every signature is a vote to block a tax cut for Mainers and give one to visitors from away for another year.