State & Local Politics: Institutions & Reform

1. State & Local Politics: Institutions & Reform CHAPTER FOUR State and Local Direct Democracy

2. Introduction • Many states and local governments allow citizens to vote on policy • This is a form of direct democracy • Is more democracy better?

3. Institutions of Direct Democracy • Referendum—a public vote on a statute or constitutional amendment • Legislative referendum—elected officials have some control over the items that are placed on the ballots for the voters • Popular referendum—allows person or group to petition to have a public vote on something the legislature has already approved

4. Institutions of Direct Democracy • Initiative • Direct initiative—allows a person or group to propose a bill, collect signatures, and vote on the bill • Indirect initiative—involves a petition to have the legislature consider a bill proposed by citizens • Recall—allows a person or group to petition for a public vote to remove an official • Many cities and 18 states have the recall • E.g. CA’s Gray Davis was recalled in 2003

6. FLORIDA CITIZENS’ INITIATIVE • 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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.

13. 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.

14. 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

15. More Responsibility and More Representative Government? • The promise of direct democracy • Rooted in the Populist and Progressive movements • Goal was to give the public more control over public officials • Reforms were designed to make more responsible and representative government • Defending direct democracy • Woodrow Wilson saw direct democracy as a means of allowing the public to do what the legislature might not do

16. Populist Origins of Direct Democracy • Direct democracy did not exist in the states prior to the 1890s • 18 of the 24 states with initiatives adopted them between 1898 and 1914 • E.g. Suffrage, prohibition, labor laws, electoral reforms • Advocated by the Populist Party

17. Populist Origins of Direct Democracy • During the Progressive Era • Reforms aimed to take power from incumbents, political machines, and various interests • Give power to the voters • The ebb and flow of ballot initiatives • Initiatives declined in the states in the 1940s and 1950s but have increased since • Issues such as government reforms, taxation, social and moral issues, and the environment

18. Populist Origins of Direct Democracy • Direct democracy and national politics • Proposition 13—Anti-tax initiative in CA in 1978 that foreshadowed Reagan-era tax cuts • State gay marriage bans spilled over to a presidential election issue • The explosion continues • In the 2006 general election there were 74 initiatives and 5 popular referendums in 37 states • E.g. legalizing medical marijuana in Montana

19. Differences across Initiative States • Citizens may draft constitutional or statutory initiatives • Use of the initiative varies across states • Some states have limits on content • Single-subject rule • Limits initiatives to a single subject rather than a number of unrelated subjects

20. Differences across Initiative States • Qualifying for the ballot varies • Proposal drafted by proponents • Forward to state officials • Proponents circulate petition to get signatures • State verifies signatures to go on ballot • Amateurs or Professionals • In large states, may require professionals • Very expensive—up to $2 million • Millionaires’ Amusement • Initiative often bankrolled by wealthy • Is this consistent with direct democracy?

21. The Financing of Direct Democracy Campaigns • In 1998, $400 million was spent either promoting or opposing ballot measures • An initiative industrial complex? • Special Interests and initiative campaigns • Which groups dominate direct democracy? • Record expenditures • Does money matter in initiative campaigns?

23. Dumber than Chimps? Voting on Ballot Questions • Voters often use shortcuts • Since voters do not always know information about initiatives, does direct democracy deceive voters? • The role of the media in initiative campaigns

24. Direct Democracy and Electoral Politics • Parties take stands on wedgeissues like immigration during campaigns • Spillover effects of ballot measures in candidate races • Initiatives may influence races for other offices • Some evidence that initiatives increase turnout

25. Direct Democracy and Electoral Politics • Interest groups, initiatives, and elections • Businesses and unions • The effects of direct democracy on citizens • May result in greater political engagement • Direct democracy and minorities • Some initiatives may harm minorities • However, the courts have protected minorities

26. The Effects of Direct Democracyon Public Policy • Voters may make decisions that lawmakers will not • Long-term effects of direct democracy • Provides additional access points • More consequential in states with constitutional initiatives • Yet, long-term effects are not that dramatic • Majority tyranny and judicial review • Courts ensure initiatives are constitutional

27. Assessments of Direct Democracy • Some experts question the representative nature of initiatives • The public is supportive of them, while elected officials are less so

28. The Case For Empower grassroots Builds better citizens Voters seek information Increase interest in politics The Case Against Voters may not understand difficult policy Tyranny of majority Very expensive Citizens cannot afford them Assessments of Direct Democracy

29. Assessments of Direct Democracy • The Future of American Direct Democracy • Restricting the use of the initiative process • Requiring more signatures • May increase need to pay people to collect signatures • Ballot campaign finance reforms • Expanding the use of direct democracy • In non-initiative states, the public & governors are enthusiastic, but lawmakers are not

30. Summary • The initiative, referendum, and recall were adopted to deal with corruption • Yet, the well-connected and wealthy are more likely to use it to shape policy • They may make policy representative of what the voters want