Election Day Sampler

Posted by Scott Heiser, Director of ALDF's Criminal Justice Program on November 21, 2012

Regardless of how you voted in the presidential election, if you are someone who cares about the welfare of animals, you’ll have to agree that November 6, 2012 was a bad day at the polls.

North Dakota: Serving as undeniable testimony to the tactical effectiveness of vilifying your opponent, Measure 5 failed, with 65% of the voters rejecting that notion. This proposal would have made it a felony to “maliciously and intentionally burn, poison, crush, suffocate, impale, drown, blind, skin, beat to death, drag to death, exsanguinate, disembowel, or dismember any living dog, cat or horse.” Opponents of Measure 5 seemed to take great pride in the success of their smear campaign characterizing supporters as “extremists” who were advancing a “radical agenda” while summarily ignoring that those who engage in intentional acts of aggravated animal cruelty (the conduct targeted by Measure 5) are five-times more likely to commit acts of violence against humans. The irony of the measure number is not lost on your author.

While rejecting Measure 5, the citizens of North Dakota opted to amend their state constitution by approving Measure 3, which adds Section 29 to Article XI of the North Dakota Constitution and reads: “The right of farmers and ranchers to engage in modern farming and ranching practices shall be forever guaranteed in this state. No law shall be enacted which abridges the right of farmers and ranchers to employ agricultural technology, modern livestock production and ranching practices.” Roll out the welcome mat, because those who profit from intensive confinement are likely to be interested in the safe harbor this amendment provides. Supremacy clause and federal preemption issues notwithstanding, the passage of this state constitutional amendment will most assuredly impact the debate on a federal “egg bill.”

Idaho: With 73.4% of the voters saying “yes,” HJR 2 passed. It amendments the Idaho Constitution “to provide that the rights to hunt, fish and trap, including by the use of traditional methods, are a valued part of the heritage of the State of Idaho and shall forever be preserved for the people and managed through the laws, rules and proclamations that preserve the future of hunting, fishing and trapping; to provide that public hunting, fishing and trapping of wildlife shall be a preferred means of managing wildlife; and to provide that the rights set forth do not create a right to trespass on private property, shall not affect rights to divert, appropriate and use water, or establish any minimum amount of water in any water body, shall not lead to a diminution of other private rights, and shall not prevent the suspension or revocation, pursuant to statute enacted by the Legislature, of an individual’s hunting, fishing or trapping license[.]”

Kentucky: Eighty-four-percent of Kentucky’s voters approved an amendment to their state constitution by passing House Bill 1. It reads: “The citizens of Kentucky have the personal right to hunt, fish, and harvest wildlife, using traditional methods, subject only to statutes enacted by the Legislature, and to administrative regulations adopted by the designated state agency to promote wildlife conservation and management and to preserve the future of hunting and fishing. Public hunting and fishing shall be a preferred means of managing and controlling wildlife. This section shall not be construed to modify any provision of law relating to trespass, property rights, or the regulation of commercial activities.”

Nebraska: With 77% of the voters saying, “yes” to Amendment 2, Nebraska’s constitution now contains this clause: “Fishing, trapping, and hunting are a valued part of the heritage of the people and will be a right forever preserved for the people subject to reasonable restrictions as prescribed by law.”

Wyoming: With just under 90% of the vote, Wyoming passed Constitutional Amendment B. Article I, Section 38 of their state constitution now reads: “The opportunity to harvest wild bird, fish and game is a heritage that shall forever be preserved to the individual citizens of the state and does not create a right to trespass on private property, diminish other private rights or diminish the duty of the state to manage wild bird, fish and game in such a manner that ensures adequate populations and sustained use.”

California: While not directly addressing the welfare of animals, California voters rejected Prop 37. Had it passed, Prop 37 would have required the labeling of genetically engineered food.

One bit of
good news comes from Florida–Miami-Dade County specifically–where voters approved, in concept, an increase in their property taxes to fund an enhanced effort toward reducing and preventing pet overpopulation.

Florida notwithstanding, the misguided
Cartesian view of animals reflected by these results is disheartening for all who work to advance legal protections for animals.


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