State & Local Politics:

Institutions & Reform

CHAPTER FOURCHAPTER FOUR

State and Local Direct State and Local Direct DemocracyDemocracy

• Many states and local governments Many states and local governments allow citizens to vote on policyallow citizens to vote on policy

• This is a form of direct democracyThis is a form of direct democracy

• Is more democracy better?Is more democracy better?

Introduction

• ReferendumReferendum—a public vote on a statute —a public vote on a statute or constitutional amendmentor constitutional amendment– Legislative referendumLegislative referendum—elected officials —elected officials

have some control over the items that are have some control over the items that are placed on the ballots for the votersplaced on the ballots for the voters

– Popular referendumPopular referendum—allows person or —allows person or group to petition to have a public vote on group to petition to have a public vote on something the legislature has already something the legislature has already approved approved

Institutions of Direct Democracy

• InitiativeInitiative– Direct initiativeDirect initiative—allows a person or group to —allows a person or group to

propose a bill, collect signatures, and vote on the propose a bill, collect signatures, and vote on the billbill

– Indirect initiativeIndirect initiative—involves a petition to have the —involves a petition to have the legislature consider a bill proposed by citizenslegislature consider a bill proposed by citizens

• RecallRecall—allows a person or group to petition —allows a person or group to petition for a public vote to remove an officialfor a public vote to remove an official– Many cities and 18 states have the recallMany cities and 18 states have the recall– E.g. CA’s Gray Davis was recalled in 2003E.g. CA’s Gray Davis was recalled in 2003

Institutions of Direct Democracy

• Florida adopted the initiative process in 1968. It is one of 16 states that authorizes citizens the use of direct initiatives to amend the state constitution.

• In Florida, the citizen initiative process applies only to constitutional amendments and not to state statutes. Moreover, this process is one of five methods used to place on the ballot for popular vote a proposed amendment to the Florida Constitution.

• The other methods allow proposals to be initiated by revision commission, constitutional convention, legislature, and taxation and budget reform commission.

FLORIDA CITIZENS’ INITIATIVE

• Citizen Initiative Procedures in Florida: Each state has its own procedures for addressing ballot preparation and qualification. Florida follows several steps.

• The sponsor of an initiative must register as a political committee with the Florida Division of Elections.

• The person or group circulating the initiative petition must then submit a format of the petition to the Division of Elections (after January 7, 2003, by the custodian of state records) before the amendment may be circulated for signatures. The Division must review the proposed petition for format only. By law, the ballot title may be no longer than 15 words and the summary no more than 75 words.

FLORIDA CITIZENS’ INITIATIVE

• Proponents may begin circulating the petition once the format is approved. This can be done by volunteers, by firms that are paid to obtain signatures or by a combination of the two.

• The minimum number of signatures needed for an initiative to be placed on the ballot must equal 8 percent of the number of the ballots cast in the last presidential election. Moreover, the signatures cannot come from people living in only one or two locations; the number must come from at least half of the state’s congressional districts.

• Once signatures are collected from 10 percent of the required number and at least one-fourth of half the state’s congressional districts, the petition is submitted to the Supervisors of Elections in the appropriate counties for signature verification.

FLORIDA CITIZENS’ INITIATIVE

• The Secretary of State, in turn, must automatically submit the petition to the Attorney General if: 1) the sponsor has complied with registration and submittal requirements and 2) the sponsor has obtained a letter from the Division of Elections confirming that the petition signatures have been verified by the appropriate Supervisors of Elections.

FLORIDA CITIZENS’ INITIATIVE

• Within 30 days of receiving the proposed amendment, the Attorney General must petition the Supreme Court and request an advisory opinion regarding compliance with the proposed ballot and substance requirements.

• The Supreme Court has no deadline for issuing an opinion.

FLORIDA CITIZENS’ INITIATIVE

• If the Court approves the petition, the proponents must gather the rest of the signatures needed to place the initiative on the ballot.

• The Court may disallow an initiative for several reasons, but the primary ones are because it is unconstitutional or it violates Florida's strict single subject requirement.

FLORIDA CITIZENS’ INITIATIVE

• Although the number of signatures collected must meet constitutional requirements outlined above, many more signatures than required have been collected in past years for those initiatives that ultimately appeared on the ballot.

• In each election cycle as many as one-quarter of the names are rejected by the Secretary of State's office. In most cases, these names were duplicative, came from out-of-state residents, were improperly recorded or were out-of-date.

FLORIDA CITIZENS’ INITIATIVE

• History of Initiatives in Florida: The first initiative appeared on the ballot in 1976 and was passed. From 1976 to 2000, sixteen amendments were placed on the ballot by initiative and eleven passed.

• Among these were amendments to the Sunshine Law, establishment of a state operated lottery, establishment of English as Florida's official language, term limits for state officials, changes in the homestead valuation limitation, creation of the Everglades Trust Fund and a proposal for a statewide high speed metrorail. Initiative amendments that were defeated included two on casino gambling, limitation of damages in civic actions and a fee on sugar production.

• According to the Secretary of State's office, seven initiative amendments were removed from the ballot by the Supreme Court. In every election since 1976, petitions have been circulated to include amendments by initiative on the ballot; however, most of them failed to get the required number of signatures.

FLORIDA CITIZENS’ INITIATIVE

• History of Initiatives in Florida: The first initiative appeared on the ballot in 1976 and was passed. From 1976 to 2000, sixteen amendments were placed on the ballot by initiative and eleven passed.

• Among these were amendments to the Sunshine Law, establishment of a state operated lottery, establishment of English as Florida's official language, term limits for state officials, changes in the homestead valuation limitation, creation of the Everglades Trust Fund and a proposal for a statewide high speed metrorail. Initiative amendments that were defeated included two on casino gambling, limitation of damages in civic actions and a fee on sugar production.

• According to the Secretary of State's office, seven initiative amendments were removed from the ballot by the Supreme Court. In every election since 1976, petitions have been circulated to include amendments by initiative on the ballot; however, most of them failed to get the required number of signatures.

• http://election.dos.state.fl.us/initiatives/initiativelist.asp?year=2008&initstatus=ALL&MadeBallot=Y&ElecType=GEN

FLORIDA CITIZENS’ INITIATIVE

• The promise of direct democracyThe promise of direct democracy– Rooted in the Populist and Progressive Rooted in the Populist and Progressive

movementsmovements– Goal was to give the public more control over Goal was to give the public more control over

public officialspublic officials– Reforms were designed to make more responsible Reforms were designed to make more responsible

and representative governmentand representative government

• Defending direct democracyDefending direct democracy– Woodrow Wilson saw direct democracy as a Woodrow Wilson saw direct democracy as a

means of allowing the public to do what the means of allowing the public to do what the legislature might not dolegislature might not do

More Responsibility and More Representative Government?

• Direct democracy did not exist in the Direct democracy did not exist in the states prior to the 1890sstates prior to the 1890s

• 18 of the 24 states with initiatives 18 of the 24 states with initiatives adopted them between 1898 and 1914adopted them between 1898 and 1914

• E.g. Suffrage, prohibition, labor laws, E.g. Suffrage, prohibition, labor laws, electoral reformselectoral reforms

• Advocated by the Advocated by the Populist PartyPopulist Party

Populist Origins of Direct Democracy

• During the Progressive EraDuring the Progressive Era– Reforms aimed to take power from incumbents, Reforms aimed to take power from incumbents,

political machines, and various interestspolitical machines, and various interests– Give power to the votersGive power to the voters

• The ebb and flow of ballot initiativesThe ebb and flow of ballot initiatives– Initiatives declined in the states in the 1940s and Initiatives declined in the states in the 1940s and

1950s but have increased since 1950s but have increased since – Issues such as government reforms, taxation, Issues such as government reforms, taxation,

social and moral issues, and the environmentsocial and moral issues, and the environment

Populist Origins of Direct Democracy

• Direct democracy and national politicsDirect democracy and national politics– Proposition 13Proposition 13—Anti-tax initiative in CA in 1978 —Anti-tax initiative in CA in 1978

that foreshadowed Reagan-era tax cutsthat foreshadowed Reagan-era tax cuts– State gay marriage bans spilled over to a State gay marriage bans spilled over to a

presidential election issuepresidential election issue

• The explosion continuesThe explosion continues– In the 2006 general election there were 74 In the 2006 general election there were 74

initiatives and 5 popular referendums in 37 statesinitiatives and 5 popular referendums in 37 states– E.g. legalizing medical marijuana in MontanaE.g. legalizing medical marijuana in Montana

Populist Origins of Direct Democracy

• Citizens may draft Citizens may draft constitutionalconstitutional or or statutorystatutory initiatives initiatives

• Use of the initiative varies across statesUse of the initiative varies across states

• Some states have limits on contentSome states have limits on content– Single-subject ruleSingle-subject rule

– Limits initiatives to a single subject rather Limits initiatives to a single subject rather than a number of unrelated subjectsthan a number of unrelated subjects

Differences across Initiative States

• Qualifying for the ballot variesQualifying for the ballot varies– Proposal drafted by proponentsProposal drafted by proponents– Forward to state officialsForward to state officials– Proponents circulate petition to get signaturesProponents circulate petition to get signatures– State verifies signatures to go on ballotState verifies signatures to go on ballot

• Amateurs or ProfessionalsAmateurs or Professionals– In large states, may require professionalsIn large states, may require professionals– Very expensive—up to $2 millionVery expensive—up to $2 million

• Millionaires’ AmusementMillionaires’ Amusement– Initiative often bankrolled by wealthyInitiative often bankrolled by wealthy– Is this consistent with direct democracy?Is this consistent with direct democracy?

Differences across Initiative States

• In 1998, $400 million was spent either In 1998, $400 million was spent either promoting or opposing ballot measurespromoting or opposing ballot measures

• An initiative industrial complex?An initiative industrial complex?

• Special Interests and initiative campaignsSpecial Interests and initiative campaigns– Which groups dominate direct democracy?Which groups dominate direct democracy?– Record expendituresRecord expenditures

• Does money matter in initiative campaigns?Does money matter in initiative campaigns?

The Financing of Direct Democracy Campaigns

• Voters often use Voters often use shortcutsshortcuts

• Since voters do not always know Since voters do not always know information about initiatives, does direct information about initiatives, does direct democracy deceive voters?democracy deceive voters?

• The role of the media in initiative The role of the media in initiative campaignscampaigns

Dumber than Chimps? Voting on Ballot Questions

• Parties take stands on Parties take stands on wedgewedge issuesissues like immigration during campaignslike immigration during campaigns

• Spillover effects of ballot measures in Spillover effects of ballot measures in candidate racescandidate races– Initiatives may influence races for other Initiatives may influence races for other

officesoffices

• Some evidence that initiatives increase Some evidence that initiatives increase turnoutturnout

Direct Democracy and Electoral Politics

• Interest groups, initiatives, and electionsInterest groups, initiatives, and elections– Businesses and unionsBusinesses and unions

• The effects of direct democracy on citizensThe effects of direct democracy on citizens– May result in greater political engagementMay result in greater political engagement

• Direct democracy and minoritiesDirect democracy and minorities– Some initiatives may harm minoritiesSome initiatives may harm minorities

– However, the courts have protected minoritiesHowever, the courts have protected minorities

Direct Democracy and Electoral Politics

• Voters may make decisions that Voters may make decisions that lawmakers will notlawmakers will not

• Long-term effects of direct democracyLong-term effects of direct democracy– Provides additional access pointsProvides additional access points– More consequential in states with More consequential in states with

constitutional initiativesconstitutional initiatives– Yet, long-term effects are not that dramaticYet, long-term effects are not that dramatic

• Majority tyranny and judicial reviewMajority tyranny and judicial review– Courts ensure initiatives are constitutionalCourts ensure initiatives are constitutional

The Effects of Direct Democracyon Public Policy

• Some experts question the Some experts question the representative nature of initiativesrepresentative nature of initiatives

• The public is supportive of them, while The public is supportive of them, while elected officials are less soelected officials are less so

Assessments of Direct Democracy

Assessments of Direct Democracy

• The Case ForThe Case For– Empower grassrootsEmpower grassroots– Builds better citizensBuilds better citizens– Voters seek Voters seek

informationinformation– Increase interest in Increase interest in

politics politics

• The Case AgainstThe Case Against– Voters may not Voters may not

understand difficult understand difficult policypolicy

– Tyranny of majorityTyranny of majority– Very expensiveVery expensive– Citizens cannot Citizens cannot

afford themafford them

• The Future of American Direct DemocracyThe Future of American Direct Democracy– Restricting the use of the initiative processRestricting the use of the initiative process

• Requiring more signaturesRequiring more signatures• May increase need to pay people to collect May increase need to pay people to collect

signaturessignatures– Ballot campaign finance reformsBallot campaign finance reforms– Expanding the use of direct democracyExpanding the use of direct democracy

• In non-initiative states, the public & governors In non-initiative states, the public & governors are enthusiastic, but lawmakers are notare enthusiastic, but lawmakers are not

Assessments of Direct Democracy

• The initiative, referendum, and recall The initiative, referendum, and recall were adopted to deal with corruptionwere adopted to deal with corruption

• Yet, the well-connected and wealthy Yet, the well-connected and wealthy are more likely to use it to shape policyare more likely to use it to shape policy

• They may make policy representative of They may make policy representative of what the voters wantwhat the voters want

Summary