direct democracy at state level

three examples of state level direct democracy

• propositions

• referendums

• recall elections

the federal government uses none of these forms of direct democracy

evidence of use of direct democracy

• in 2016 → 162 state-wide ballot measures were certified for the ballot in 35 states

  • of these 76 were out on the ballot through signature petitions while others placed on ballot by state legislatures

what is a proposition/ initative?

process that enables citizens to bypass state legislature by placing proposed laws and (in some states) constituional amendments on the ballot

give 3 examples of propositions in 2016

• marijuana legislation

  • California, Maine ,nMassachusetts, Nevada

• minimum wage increases

  • successful in Arizona, Colorado, Maine , Washington

• Gun laws

  • California, Nevada, Washington

which was the first state to adopt this direct democracy, and how many do now?

• South Dakota in 1898

• 24 states now have a proposition process in their constitutions

what are the two different types of proposition/ initiative, and what do they mean?

• Direct

  • proposals that qualify go directly on the ballot

• Indirect

  • they are submitted to state legislature which must decide what further action should follow, however in some states the proposition question goes on the ballot without state legislature approval

  • rules vary by state however

what are the general rules for getting a proposition to ballot?

proposition must be:

• filed with a designated state official

• reviewed for conformance with state legal requirements

• given a formal title and brief summary

• circulated to gain required number of signatures

  • usually a % of votes cast for the most recent state-wide office during a general election

• submitted to state officials for verification of signatures

how many signatures are needed for a proposition to be on a state ballot?

• varies from state to state

• Alaska:

  • 5% of total votes cast for the governor in the last election for state law

  • but 10% for constitutional amendments

• once a proposition is on state ballot, it must gain a simple majority

what is a referendum?

an electoral device by which voters can effectively veto a bill passed by their state legislature, available in all 50 states

what is the main difference between a referendum and a proposition?

referendums follow from something that state legislators have already done rather than citizens taking the initiative. However in some cases, state legislature is required to hold referendums (e.g. constitutional amendments or tax system)

evidence of use of referendums

2012: 115 referendums put on the ballot by state legislatures

what is a popular referendum and how mant states have it?

if the state legislature passes a law that voters do not approve of, they may gather signatures to demand a referendum on it within a 90 day period after the law is passed.

what is a recall election?

An electoral device by which voters in a state can remove an elected official from office- form of direct impeachment

evidence of recall eletions

• 3 recall elections of state governors

  • 1921 North Dakota → removed Gov Lynn Frazier

  • 2003 California- > Gray David removed, replaced by Arnold Schwarzegger

  • 2012 Wisconsin → Scott Walker beat his Democrat opponent

criticisms of recall elections

• a device which increases democratic accountability at any time during the governor;s term of office

• however it allows voters to indulge in ‘buyer’s regret’

  • changing their mind after short term dissatisfation