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August 8, 2006

Update: High court rules against Carcieri on ballot issue

PROVIDENCE -- The state Supreme Court ruled today that the governor cannot order the Secretary of State to place two nonbinding ballot questions on the November ballot, reversing part of a recent Superior Court ruling.

The order upholds the General Assembly's arguments, and effectively strips Governor Carcieri of his power to place nonbinding questions on the ballot.

"Now that the time has come for the Secretary [of State] to perform his statutorily prescribed duties, the governor no longer has the authority to compel the secretary to honor that previously issued order," writes the court in its seven-page decision.

Last month, Superior Court Judge Stephen J. Fortunato surprised everyone by addressing the constitutionality of nonbinding ballot questions as a whole. While the General Assembly approved a bill stripping the governor of that right, Fortunato ruled that the governor didn't need the Assembly's permission to do so.

The Supreme Court said that Fortunato overstepped his authority in his sweeping ruling.

"In our opinion, the hearing justice should not have reached a perceived constitutional ground that was not raised or argued by the parties. Neither this court nor the Superior Court should decide constitutional issues unless it is absolutely necessary to do so," writes the court.

Carcieri said he was upset with today's ruling.

“I’m very disappointed that the people of Rhode Island will not have an opportunity to voice their opinions on these two important questions. The two questions that I had ordered placed on the ballot – voter initiative and a constitutional cap on government taxes and spending – are tremendously important issues for Rhode Island’s future," he said in a statement. "Rhode Islanders should have had the chance to voice their support or their disapproval for these two critical public policy matters.”

Carcieri said he'd introduce a bill during the next legislative session to "restore the people's right" to vote on non-binding questions in the future. "The people’s right to express themselves on important public policy matters must be restored,” he said.

Read the full decision by the high court.

-- projo.com staff writer Steve Peoples

Posted by Steve Peoples  at 11:58 AM | Permalink

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