The Initiative and

Referendum Process

What is the Initiative/Referendum Process?

In political terminology, the initiative is a process that enables citizens to bypass their state legislature by placing proposed statutes and, in some states, constitutional amendments on the ballot. The first state to adopt the initiative was South Dakota in 1898. Since then, 23 other states have included the initiative process in their constitutions, the most recent being Mississippi in 1992. That makes a total of 24 states with an initiative process.

There are two types of initiatives: direct and indirect. In the direct process, proposals that qualify go directly on the ballot. In the indirect process, they are submitted to the legislature, may act on the proposal. Depending on the state, the initiative question goes on the ballot if the legislature rejects it, submits a different proposal or takes no action. In some states with the indirect process, the legislature may submit a competing measure that appears on the ballot along with the original proposal. States with some form of the indirect process are Maine, Massachusetts, Michigan, Mississippi, Nevada and Ohio. In Utah and Washington, proponents may select either the direct or indirect method.

Examples of a Referendum Montana -- Initiative Referendum No. 124: Asks voters to repeal state

law (SB 423) that weakens a voter-approved initiative allowing medical use of marijuana.

-Pass - 57-43

Washington -- Referendum Measure No. 74: Asks voters to repeal SB 6239 that legalized same-sex marriage (if Fails, Gay marriage is legal there).

-Fail - 52-48

Montana – Legislative Referendum No. 122: Prohibits individuals and businesses from being required to participate in health care system.

-Pass - 66-34

Brief History of the Process The ideals of voter initiative started as early as 1775, when Thomas

Jefferson mentioned the principle during the pre-American Continental Congress.

Fast forward to the progressive era (1890s-1920s) where voters felt they had little sovereignty in making decisions that would solve problems.

In 1897, the first voter initiative policy was passed in Nebraska.

By 1918, 24 states and many more cities had adopted initiative and referendum policies, mostly in the Western half of the US.

Pros and Cons of the Process

PROS

CONS

How to get an Initiative on the Ballot No two states have exactly the same requirements for qualifying initiatives

to be placed on the ballot. Generally, however, the process includes these steps:

(1) preliminary filing of a proposed petition with a designated state official;

(2) review of the petition for conformance with statutory requirements and, in several states, a review of the language of the proposal;

(3) preparation of a ballot title and summary;

(4) circulation of the petition to obtain the required number of signatures of registered voters, usually a percentage of the votes cast for a statewide office in the preceding general election; and

(5) submission of the petitions to the state elections official, who must verify the number of signatures.

Recall ProcessA recall is a petition process where voters can vote to remove an elected official from office during their term.

If a designated percentage (like %25) of voters from the last election sign a recall petition, a special election can be held to either keep or remove the official.

Only two governors have been recalled ever: Frazier(D) of N.D. 1921 and Gray Davis (R) of Cali 2003.

California Influence/Proposition 13. On June 6th, 1978, nearly two-thirds of California’s voters passed Proposition 13,

reducing property tax rates on homes, businesses and farms by about 57%.

The Environment Prior to Proposition 13

Prior to Proposition 13, the property tax rate throughout California averaged a little

less than 3% of market value. Additionally, there were no limits on increases for

the tax rate or on individual ad valorem charges. (“Ad valorem” refers to taxes

based on the assessed value of property. ) Some properties were reassessed 50%

to 100% in just one year and their owners’ property tax bills increased accordingly.

California Proposition 8 Proposition 8, before it was declared null and void by the federal

courts, created a new amendment to the California Constitution which said, "only marriage between a man and a woman is valid or recognized in California." Before it passed, same-sex marriage was a constitutionally-protected right in California; a majority of the justices of the California Supreme Court affirmed this understanding of the constitution in May 2008.

California Proposition 8

Result Votes Percentage

a Yes7,001,08

452.3%

No 6,401,482 47.7%

Major 2012 Voter Initiatives Some interesting 2012 initiatives across the board.

Colorado allowed voters to vote on a marijuana legalization initiative in 2012, which passed in the national spotlight.

In Florida, voters have a referendum to repeal a law that allowed public funds to be used for religious organizations.

Obama-care nullification initiatives are on the ballot in Alabama, Florida, Montana, and Wyoming.

Questions

1.) How many states have an initiative program? A. 50 B. 42 C. 24 D. 36

2.) When can a referendum be enacted?

A. After state legislature has passed the law B. Before state legislature has passed the law C. Never, referendums are banned in the U.S. D. Only 2 times a year

3.) How much needed to pass referendum?

A. 52% B. 47% C. 89% D. 51%

4.) Colorado just passed amendment 64 allowing the use of: A. Cocaine B. LSD C. Marijuana D. Alcohol

5.) What are the types of initiatives? A. Direct & indirect B. None C. Reflexive D. Stationary

Links/Citations http://www.ncsl.org/legislatures-elections/elections/initiative-referen

dum-and-recall-overview.aspx

http://www.californiataxdata.com/pdf/Prop13.pdf

http://ballotpedia.org/wiki/index.php/California_Proposition_8,_the_%22Eliminates_Right_of_Same-Sex_Couples_to_Marry%22_Initiative_(2008)

http://www.iandrinstitute.org/New%20IRI%20Website%20Info/Drop%20Down%20Boxes/Quick%20Facts/History%20of%20IR.&pdf

http://thinkprogress.org/justice/2012/06/19/501401/10-issues-to-watch-on-state-ballot-initiatives-this-november/?mobile=nc

http://ballotpedia.org/wiki/index.php/California_Proposition_8,_the_%22Eliminates_Right_of_Same-Sex_Couples_to_Marry%22_Initiative_(2008)

http://www.cartoonstock.com/newscartoons/directory/p/polling.asp

http://jondornart.com/2011/12/10/referendum-within-a-referendum-within-a-referendum-within-the-matrix/

http://www.cartoonstock.com/newscartoons/directory/e/eu_referendum.asp