It's no secret that politicians of both major parties dislike the initiative and referendum process.
I&R has been used to do all sorts of things pols hate – cutting property taxes (like California's Proposition 13), limiting taxes overall (Colorado's TABOR Amendment) or, worst of all in politicians' eyes, imposing term limits.
Sometimes that great dislike for direct democracy manifests itself in new state laws intended to make it more difficult, if not impossible, for I&R backers to get measures on the ballot. Consider a new idea from the great minds in the California General Assembly to hobble voters' ability to use referenda to overturn legislation. As The Wall Street Journal notes, it's the progressive pols who are determined to snuff out the voters' veto:
Unions and green groups are pushing legislation that would create enormous new hurdles to ballot initiatives that repeal or alter laws passed within the prior two years. The so-called “ballot reforms” are intended to stop “well-powered set of interests that often undermine the collective will of the people of California,” says the bill's Assembly sponsor Isaac Bryan.
By well-powered interests, he means the voters. His legislation would undermine direct democracy while cementing union and progressive power. For starters, it would limit the time that campaigns seeking to block state laws have to collect some 550,000 signatures to 90 days. Other ballot campaigns would continue to have 180 days.
That's just the beginning of the legal and regulatory hurdles proposed. There's also what could be described as a regulatory game of three-card monte:
Petitions would also have to follow a strict template, including a sheet with the list of the “OFFICIAL TOP FUNDERS” at the top in boldface 16-point font. In addition to signing their names and addresses to the petition, voters would have to initial and date that they reviewed the top funders. Signatures of voters who don't would be invalidated. Referendum campaigns would also have to immediately note any changes to their top funders. Signatures on allegedly out-of-date petition sheets would be invalidated.
But progressive lawmakers and their allies aren't the only ones seeking to throttle direct democracy. Arkansas Republicans passed legislation making it harder for initiatives to get on the ballot in the most recent legislative session. A U.S. district court overturned a South Dakota law placing stringent – and unconstitutional – restrictions on petition gathers.
The political class prefers that voters keep out of the policy-making process. The reason is simple: in politics, you can have the issue or you can have the solution.
Having the issue means ample opportunities for fundraising and a steady campaign issue. Having a solution? Well, that means having to restart the whole process of solving a new problem. And that's hard work that can, sometimes, lead to even harder choices…which can lead to electoral problems.
Direct democracy cuts through the political dilly-dallying…and sidelines the pols, their agendas and their ambitions. No wonder they spend so much time trying to cut the people out of the policy equation.
The opinions expressed in this article are those of the author and do not necessarily reflect the positions of American Liberty News.
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This is all about taking power away from the people. Politicians are supposed to work for “WE THE PEOPLE” but all most of them are doing is working to enrich themselves and give themselves more power. We have to have a Convention of States and set term limits and end the professional politician.
Well put as one person noted, what happens when voting no longer works?
END & Purge the DC Estd
A professor, a family friend and sort-of-mentor, oft liked to break life down into two categories, which may apply here: ‘the young Turks and the old farts.’ Another maxim of Ralph W. Emerson may also apply here: ‘All men are conservative after dinner.’ Food for thought…
Another problem is judicial activism. You put in the effort and follow the laws to get your proposition on the ballot. Along comes election night and you win, thinking that at last our hard work has paid off.
Then boom, the losing side litigates this in court and wants their activist judicial buddies to overturn the lawful vote and will of the people to the results the litigators wanted. Of course the leftist judge complies and simply throws out your vote in court and restores the old law. After all, who do judges answer to.
In CA the voters approved a ballot measure to block any state funding or the taxes of the people to go to illegal aliens. Then the ACLU and the leftist backers simply had their judicial buddies overturn the lawful vote of the people.
How about Proposition 8 where the voters actually amended their own state Constitution only to have progressive activist judges actually rule that it is unconstitutional to amend your own Constitution.