Direct Democracy and the Initiative Process Flashcards
Who brought direct democracy to California and for what reasons?
Hiram Johnson was father of direct democracy
SF attorney who helped prosecute local political corruption. He lead the progressive movement to eliminate the overbearing political influence of the Southern Pacific Railroad (SPR). He wanted to tear the state’s politics and economy out the grasp of powerful corporations and place it squarely back into the hands of its citizens. He stressed political individualism and non-partisanship. Under his leadership, there was the addition of initiatives, referenda, and recall.
Define Direct Democracy
Government system in which people decide policies without an intermediary or representative. Examples include initiative, recall, and referendum.
Describe the recall process. When has it been used
successfully?
Allows voters to remove elected officials from state or local office, including judges. People have 160 days to collect signatures, needing 12% of the last gubernatorial vote and 20% for a legislator or judge. it is a powerful tool but doesn’t happen often as it takes mass organization. Moreover, the official must have been in office for at least 6 months before the process can be initiated. There have been 166 recalls launched since 1912: 9 qualified for ballot and 5 ultimately succeeded.
Ex. Recall of Gray Davis w/ 55.4% Yes vote and Schwarng. won 48.6% replacement vote. In 2021, recall of Newsom was unsuccessful (which on makes the official more powerful).
Describe the referendum process. Why is it
infrequently used?
Gives voters the power to approve or reject legislative statutes that have not yet gone into effect. After the governor signs the bill, voters have 90 days to collect signatures, which must be 5% of the last gubernatorial vote. Once on the ballot, voters will be asked whether they want to “Keep the law” or “Overturn the law” (rather than Yes or No)
It is not use often but is relatively successful. It may not be used frequently because its more reactive than proactive as its designed to repeal laws passed by the legislature and not all laws can be subject to referendum. Furthermore, the reactive aspect of undoing something rather than proposing something is a less appealing way to dismantle policy. The signature requirment also requires expense and labor
There have been 91 referendums since 1912: 51 qualified for ballot and 29 succeeded
Define Initiative (including process)
Proposed statute or constitutional amendment adopted by a vote of the people instead of state legislature or the governor. Between 1912-2022, 2,111 initiatives have circulated: 6% withdrawn, 19% qualified for ballot.
Process:
1. Drafting: create a proposal and submit to the Attorney General for a title and summary (granting them the power to summarize initiatives however they want to)
2. Signature collection: It requires signatures corresponding to 5% of the last gubernatorial vote. 150 days are given to collect signatures.
3. Verification: Signatures are submitted and verified by county officials. If enough signatures are verified, the Secretary of State certifies the initiative for the ballot.
4. Election: Voters decide on the initiative in the next statewide election
5. Implementation: If approved, the initiative becomes law or amends the state constitution.
Different from:
-Normal process statute: approved by majority of both houses and signed by the governor to become a law. Initiative bypasses this process!
-Process for constitutional amendment/bonds: approved by 2/3 houses, signed by governor, and voted on
Types of Initiatives
Grassroots: Made up of mobilized community members and collective action-“A revolt against the establishment.” Examples include Prop 13.
Professionalized: Political consultants work with interest groups to get their proposals on the ballot. Examples Prop 22-Lyft.
Candidate: An initiative to get a candidate/measure on the ballot
Future Candidate: Planning an initiative and then when running the initiative is used strategically to gain votes. Ex. Schwarzenegger & After-School All Stars initiative.
Gubernatorial: The governor uses the initiative process. Used to enact a law by bypassing the legislature. Can also be used to gain attention for themselves and attempt to limit the power of interest groups that oppose them. Ex. Prop 1 Newsom - allotted 6.4bil to treatment beds and housing for people experiencing severe mental illnesses
Provide some supplemental background on the initiative process.
California became the 10th state to adopt the initiative process. Governor Hiram Johnson promised to give voters a tool to enact legislation without the governor nor legislature.
What are the pros and cons of the initiative process?
Pros:
-adopted by vote of the people instead of state legislature, thereby essentially serving as a check on the legislature
-makes legislature more responsive to voter needs
Cons:
-Too many
-Too long: can be confusing, for they are laws
-Quality of initiatives: citizens write them
-Overlap and contradiction: there can be two ballot measures on the same issue
-Voters level of knowledge: asking people to vote on complex issues
-Voters lack of context
-Ballot box budgeting
-Role of money and special interests: millions on spending, ads, and often dominated by special interests.
What are some proposed reforms of the initiative
process?
-Limit number and/or length of initiative process (5,000+ words)
-ban paid signature gatherers (have been attempts to ban per signature so its not incentivized)
-Allow legislature to review and correct drafting errors once measure is qualified (after 25% of signatures have been received, the legislature can review the initiative publicly)
-Require legislature to vote on each qualified initiative (as it is their job to vote on laws)
-Improve disclosure of donors (during circulation, in ballot handbook, ads, etc)
-Limit donations and/or overall spending
-Make it harder to amend state constitution (2/3 majority instead), as it later becomes difficult to modify (i.e. Prop 13)
-Allow legislature to amend any successful initiative (as governor can only change it if the initiative sponsors provide way to do so in the law)
