Too bad, so sad (not really).
Opponents of Houston’s new non-discrimination ordinance did not get enough valid signatures to force a November repeal referendum, Mayor Annise Parker and City Attorney David Feldman announced Monday.
“With respect to the referendum petition filed to repeal the ‘HERO’ ordinance, there are simply too many documents with irregularities and problems to overlook,” Feldman said. “The petition is simply invalid. There is no other conclusion.”
The council approved the ordinance on an 11-6 vote in May. Opponents who took issue with the protections extended to gay and transgender people under the ordinance promised to send the issue to the voters. On July 3, they claimed to have delivered more than 50,000 signatures to the city secretary’s office.
Opponents needed a minimum of 17,269 valid signatures – 10 percent of the ballots cast in the last mayoral election – to put a referendum on the November ballot. Feldman said some of the petition gatherers did not satisfy the requirements set out for such petitions in the city charter, such as by not being registered Houston voters or by not signing the petition themselves. If such requirements were not met, he said, all the signatures the circulator gathered were invalid.
Less than half of the more than 5,000 pages opponents submitted were valid, Feldman said, leaving the final valid tally at 15,249 signatures.
The bad guys may have claimed to have turned in over 50,000 signatures, but as noted yesterday, the number they subsequently claimed to have validated on their own was much lower than that. You can see the memo from the City Secretary and City Attorney’s officeshere, with the latter spelling out the reasons why each individual page was invalidated and how many signatures were on them.
Needless to say, there will be litigation to force this onto the ballot. Mayor Parker has acknowledged the inevitability of this before and does so again in her press release. We are rapidly approaching the deadline for any referendum or measure to be put on a ballot – according to the Secretary of State, that deadline is Monday, August 18, 78 days before Election Day. I have no idea what the chances are of getting a definitive answer by then. I do find it amusing that one of the head haters, Dave Welch of the Houston Area Pastors Council, is claiming that they have “already assembled the top elections law attorneys in the state to review this” because by all the accounts I’ve heard the petition effort was incredibly sloppy. I mean, go back and look at those memos – you’ve got page after page of petitions being invalidated for not being signed by the circulator, or having only an illegible signature with no corresponding printed name by a circulator. How amateur night is that? They really needed to have those Top Men working on this at the beginning, not just now.
Anyway. You can still see the petitions themselves by searching Scribd for “hero petition” if you want to cross-check the City Attorney’s work. This isn’t over by a long shot – it’s certainly possible that a court could decide that the city was being too nitpicky in its review, or that some of the requirements in the charter are unconstitutional, or just that we should cut these poor bastards some slack, I don’t know. We’ll know more when we see the lawsuit that they file. KTRK, Equality Texas, Equal Rights Houston, Lone Star Q, Texas Leftist, and BOR have more.