ELECTIONS - Direct Democracy Flashcards
Propositions/Initiatives
What are they?
This is the process which enables citizens to bypass their state legislature by placing proposed laws and, in some states, constitutional amendments on the ballot.
First state to adopt this was South Dakota in 1898 - following were 23 other states that included this process in their constitutions.
E.g., IN 2016, marijuana legislation was approved in California, Maine, Massachusetts, and Nevada. It was defeated in Arizona.
Propositions/Initiatives
Direct propositions
These propositions mean that in the process, the proposals that qualify go directly on the ballot.
Propositions/Initiatives
Indirect propositions
In this process, the propositions are submitted to the state legislature, which then decides what further action should be taken. The rules concerning this varies among the states because in some states, the proposition question goes on the ballot regardless of approval from the state legislature. in other states, the legislature can submit a competing proposal on the ballot in addition to the original proposal.
Propositions/Initiatives
Rules of thumb
It must be filed with a designated state official
It must be reviewed for conformance with the state legal requirements
It must be given a title and brief summary for inclusion on the ballot paper
It must be circulated to gain a number of signatures from registered voters
It must be submitted to state officials for verification of signatures.
Propositions/initiatives
What constitutes a successful proposition?
In California, only 10% is needed if the proposition wants to amend the state constitution, but this varies between states.
Nearly half of all initiatives are approved by voters.
Propositions/initiatives
Examples
Aug 2022 - Kansas
No Right to Abortion in Constitution amendment
‘yes’ vote = supports amending the constitution to state nothing in the constitution creates a right to abortion or requires govt funding for abortion. voting yes would give the state legislature the authority to pass laws regarding abortion.
Referendums
What is the process?
This is available in all 50 states where voters can veto a bill passed by state legislature.
These are similar to propositions but the largest difference is that rather than the citizens taking the initiative, referendums follow from something state legislators have already done.
In some states, the legislature is required to refer certain measures to the voters for their approval in a referendum e.g., a number of states require their changes to the state constitution to be approved in a state-wide referendum.
Between 1906 and 2021, 526 veto referendums appeared on the ballot in 23 states.
Referendums
Popular referendum
24 states have this provision. Alaska, Colorado, and New Mexico all have this. If the state legislature passes a law that voters do no approve of, they can gather signatures to demand a referendum on the law.
There is generally a 90 day period after the law is passed where the petitioning must take place.
Once enough signatures have been collected, the new law appears on the ballot for the popular vote.
Whilst the referendum is pending, the law does not take effect.
If voters approve the law, then it takes effect.
If it is rejected, it is void.
Recall elections
What are they?
This is a procedure which enables voters in a state to remove an elected official from office before their term has expired.
This is a form of direct impeachment - the legal process whereby politicians can remove one of their own from office.
The recall election is a process where ordinary voters can remove a politician from office.
19 states permit the recall of elected officials. There have been 3 recall elections of state governors
Recall elections
Examples
2012 - Republican governor of Wisconsin, Scott Walker. Walker beat Democrat opponent, Mayor of Milkwaukee, Tom Barrett 53% to 46%.
Recall was triggered by opposition to Walker’s implementation of the changes to state employee pension schemes and the restriction of collective bargaining rights of trade unions within the state.
Recall elections
criticisms
Though it increases democratic accountability, some criticise it because it allows voters to indulge in buyer’s regret, which refers to changing your mind after short-term dissatisfaction.
Currently, recall efforts have begun against the governors in Kansas, Oregon, and Alaska too (since 2012)
