Initiatives and Referendums are reshaping local and state government, policies, and even the geography of American cities and counties. Citizen lawmakers are using direct democracy to limit growth, block Wal-Mart stores, issue bonds for schools and parks, set minimum wages, finance arenas and stadiums, and a host of other issues.
The Initiative and Referendum process is available to most all municipalities in every state. The practice dates back to ancient Greece. It appeared in America in 1777 when the Georgia state constitution provided a means to adopt amendments with the voters' consent. In 1898, South Dakota granted its voters the right to initiate all forms of legislation.
The modern day movement to utilize the Initiative process can be said to have begun in 1978 in California with the passage of Proposition 13 that cut property taxes from 2.5 percent of market value to just 1 percent. After Proposition 13 passed in California, similar measures were adopted through the initiative process in Michigan and Massachusetts. Within two years, 43 states had implemented some form of property tax limitation or relief and 15 states lowered their income tax rates.
The simple truth is, major reform in this country is not possible without the initiative process. Many argue that career politicians are not going to put limits on their own time in office or limits on the amount of other people’s money they can spend. Nor are they going to do anything that might rock the ‘special interest boat’. The initiative process is vital to reforming our country.
Remaining critics of the Initiative & Referendum process include most all politicians in the states which do not yet offer this proven form of direct democracy. Of course, tough to find support in congress or from those that benefit from status quo in Washington.
Opponents claim that "Law Making" is a very complicated process which is best left to the "Law Makers" - those we elect to do the job......
There is no doubt that you can find flaws with citizen lawmaking. No form of legislating is perfect. But in an era of growing government, there needs to be one last check in the Checks & Balances or national government. The expansion of the Initiative process seems to be an uphill battle. Due to the reforms that the citizens have been successful in promoting through the initiative process – reforms that have limited the power of government – legislators in states without I&R have been hostile to advocating it and unfortunately its expansion can only occur by legislators giving it to the people. This in itself is a perfect example of why we need I&R.
An Initiative, which can be drafted by anyone, generally requires the signatures of a specific percentage of the district’s registered voters, often between five and 15 percent, to qualify for the ballot. If sufficient signatures are received and verified, then the measure is placed on the ballot for the next scheduled election or at a special election. If approved by a vote of the people, the measure becomes law.
More About the Initiative & Referendum Process
Two types of Initiative exist:
• Direct Initiative: A direct Initiative is the standard form of this process. Interested parties prepare the Initiative and collect the necessary signatures. If they are successful, the issue is placed on the ballot. If approved by the voters, the measure becomes law.
• Indirect Initiative: Indirect Initiatives (mandated in some localities) require that measures receiving a sufficient number of valid petition signatures are then submitted to the legislature for action. Usually, if the legislature fails to pass the proposed legislation, it is submitted to the electorate for final disposition; however, in other areas, the proposal dies if defeated in the legislature.
Three basic types of Referendums exist:
