The Massachusetts Supreme Judicial Court (SJC) recently ruled that Initiative Petition No. 89-39 (the “Recycling Initiative”) was not subscribed to by 10 qualified voters as required by the Massachusetts Constitution
1
, and therefore should not be placed on the ballot at the forthcoming November 1990 general election.
See Capezzuto v. State Ballot Law Comm’n,
We, too, expedited the proceedings. Having heard oral argument on August 3, 1990, digested the litigants’ briefs, scrutinized the record, and considered the parties’ contentions in light of applicable law, we affirm the judgment below.
*1002 I
Despite the salience of the subject matter, we need not linger long over the appeal. The SJC’s opinion rested, in the main, on its determination that the state constitutional requirement, quoted
supra
note 1, meant that the signers, at or before the time they subscribed their names to the petition, must have had “before them” a copy of the full text of the actual petition.
2
Appellants’ federal case, then, depends on their argument that the physical custody requirement contravenes the federal Constitution, in particular, the Due Process Clause or the Equal Protection Clause.
3
The district court addressed these assertions squarely and in detail,
see
II
Our task is not yet completed, for appellants also assign error to various factual findings and supposed evidentiary bevues, which, they say, marred the proceedings below.
Appellants’ attempt to vault the district judge’s resolution of the facts runs up against too high a hurdle. Under the Civil Rules, we review the trial court’s factfind-ing only for clear error.
See
Fed.R.Civ.P. 52(a). Thus, we “cannot undertake to decide factual issues afresh.”
Reliance Steel Prod. Co. v. National Fire Ins. Co.,
The clear-error standard has a long reach in a case like this one: it governs findings
*1003
of fact (1) anent the significance of documentary evidence,
see id.
at 573-76,
Visualizing the record through the prism of Rule 52(a) leaves no doubt as to the result we must reach. While the district court may not have been compelled to find, for example, that Perry’s ostensible reliance on the supposedly “misleading” advice she received from the Secretary of State was unreasonable, the district court, on this chiaroscuro record, certainly had the right to draw such an inference. The written material produced and disseminated by the Commonwealth, while perhaps not conspicuously enlightening, was not affirmatively deceptive. In the same vein, the remarks attributed to a state official, Sullivan, emerged so late in the day as to cast grave doubt on the credibility of the account set forth in Trial Exhibit 2, Perry’s supplemental affidavit. 4 At any rate, the Sullivan comment, even if taken at face value, was easily subject to an innocuous interpretation.
In assessing detrimental reliance
vel non,
the test is one of objective reasonableness under the circumstances; and it is surpassingly difficult, on this record, to disturb the district court’s essentially discretionary finding that the test was not satisfied.
Cf., e.g., Rivera-Gomez v. de Castro,
The caselaw which appellants cite offers them little solace. Apart from other important distinctions (such as the nature of the affected right), those cases without exception involved instances where the government, by an established policy or course of conduct, actively misled interested parties.
See, e.g., Griffin v. Burns,
No useful purpose would be served by exposition for exposition’s sake. Without lengthy enumeration, we can state, broadly, that appellants’ other “factfinding” objections are cast in a similar mold, and meritless. By the same token, the lower *1004 court did not commit reversible error in any evidentiary ruling.
Ill
In constitutional terms, states may foreclose initiative petitions entirely. Having chosen to allow them, however, Massachusetts must structure the grant, and administer ballot access, in a manner comporting with the demands of the federal Constitution. Nevertheless, it is important to remember that the federal nose cannot be poked into the state’s tent unless some constitutional infirmity exists. So long as the constitutional minimum is met, our task ends. It is not for a federal court to say that a constitutionally adequate procedural arrangement, duly adopted by the Commonwealth, is worse, or less fair, than some alternative formulation.
Here, assuming without deciding that maintenance of this action was not barred by res judicata, lack of standing, or one of the other affirmative defenses urged by appellees (defendants and intervenors), the plaintiffs cannot prevail on the merits of their appeal, for the Commonwealth has not strayed onto constitutionally forbidden terrain. The state constitution has set the ground rules under which initiative petitions may be advanced. The SJC has construed those ground rules in a plausible (if not inevitable) way. The result may be ungenerous, but it is not arbitrary to the point of unconstitutionality. In a state the size of Massachusetts, requiring, as an initial precondition to ballot access, that 10 qualified voters endorse the proposed petition, having “before them” its actual text, constitutes a rather modest threshold. Given the state’s overarching interest in the integrity of the ballot, the requirement scarcely seems unduly onerous or imper-missibly burdensome.
Nor do we believe it can be said that plaintiffs were taken unfairly by surprise. They knew that weighty matters were at stake. They knew, or should have known, that the 10-voter precondition was of constitutional dimension and, due to the significance of state-wide referenda and the practical limitations on ballot space, would likely be construed meticulously by the SJC. Notwithstanding these red flags, the plaintiffs approached the attendant formalities hastily and without sufficient circumspection. Given the lower court’s sustainable factfinding, the plaintiffs cannot reasonably claim to have been misled either by state officials or by an embedded state-created practice. Having failed to look before they leaped, plaintiffs must now suffer the predictable consequences.
Let us be perfectly clear. We fully understand the critical nature of environmental issues and we appreciate the laudable goals which underlie the Recycling Initiative. But, the civilized world learned long ago that ends cannot justify means. Regulations and procedures are the strands that harness our society to the rule of law. Where, as here, a state’s reasonable procedures are flouted, albeit through inadvertence rather than obduracy or malice, a federal court cannot override the ensuing default simply because the result may seem unfortunate.
The order of the district court dismissing the complaint is affirmed.
Notes
. As amended, Article 48 of the state constitution provides that, to originate a popular initiative, the "petition shall first be signed by ten qualified voters of the commonwealth and shall then be submitted to the attorney-general-”
. The district court aptly termed this a "physical custody” requirement.
Henry v. Connolly,
. Appellants also raised a First Amendment challenge in the district court. Except for a passing reference to the First Amendment in connection with their equal protection argument, they do not renew this asseveration in their appellate brief. Therefore, we deem the challenge abandoned.
See United States v. Zannino,
. We express no opinion on the district court’s ruling that, in any event, Perry's supplemental affidavit was probably inadmissible.
See
