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The Ballot Initiative Process in California Doesn’t Have to be Junked: It Can Be Reformed
By Robert M. Stern
President
Center for Governmental Studies
After studying California’s ballot initiative process for 20 years, the Center for Governmental Studies (CGS) recommends a comprehensive set of 48 reforms in its new book Democracy by Initiative: Shaping California’s Fourth Branch of Government. These reforms would strengthen all aspects of the state’s ballot initiative process (Full Report, Appendix A, for complete list of recommendations). These recommendations would give California the most flexible, innovative and responsible initiative process of any state. Key recommendations include the following:
Inflexibility
Problem: Ballot initiatives are too inflexible. Proponents cannot correct mistakes once circulation begins, and they cannot withdraw initiatives before the election even though the legislature may have enacted an acceptable compromise. The legislature cannot make amendments to fix problems after an initiative’s enactment. As a result, many initiatives are poorly drafted, sow confusion among voters and require years of additional initiatives to amendment them. The legislature is blocked from effectively participating in the process.
Recommendation: CGS recommends that initiative proponents be empowered to negotiate compromises with the legislature. If the legislature enacts acceptable legislation to address the problem, proponents may then withdraw their initiative from the ballot—thereby simplifying the ballot, avoiding a waste of voters’ time and engaging the legislature in the process. If the legislature fails to enact acceptable legislation, proponents may place their initiative on the ballot, together with any amendments that are consistent with the purposes and intent of the initiative CGS also recommends that the legislature be allowed amend, by a two-thirds vote (or less if the initiative so specifies), any statutory initiative (but not constitutional amendment) after passage, so long as the amendments are consistent with the initiative’s purposes and intent, and the amendments are in print ten days before the final vote. Legislators and initiative proponents should be given a meaningful opportunity to work together to improve state policymaking. The amendability provisions recommended in the report would encourage initiative proponents and legislators to negotiate compromise legislative solutions, thus avoiding costly initiative elections and reducing the overall number of initiatives on the ballot.
Money
Problem: Large contributions, wealthy individuals and high spending organizations dominate elections, stripping initiatives of their grassroots origins. One recent California election cost over $330 million, and wealthy contributors of $1 million or more gave two-thirds of all monies received by initiative committees. . Escalating campaign costs squeeze out citizen initiatives and allow large financial interests to dominate the initiative circulation, qualification and campaign processes.
Recommendation: CGS recommends that a high $100,000 limit be placed on all contributions to ballot measure committees, thereby substantially reducing the impact of large, often multi-million dollar contributors. CGS also recommends that ballot initiative committees controlled by candidates or elected officials not be able to raise contributions in excess of the limits for those specific candidates or elected officials.
Voter Information
Problem: Ballot pamphlets and the Secretary of State’s website are important sources of voter information, but they do not communicate that information effectively. Voters find current sources of voter information misleading and confusing. The Internet and video-on-demand are not used effectively.
Recommendation: CGS recommends that the Secretary of State’s Office “bring voter information into the YouTube Age.” It should allow proponents and opponents of ballot measures to record short video statements and place them on the Secretary of State’s website. The Secretary of State should also improve the readability and graphics of the voter’s pamphlet.
Circulation
Problem: Ballot initiatives are too easy to qualify with money and too difficult to quality by grassroots and volunteer organizations. Anyone with $1 to $2 million can qualify virtually any initiative, yet grassroots organizations find qualification within the required 150 days—among the shortest circulation period of any state—too difficult.
Recommendation: CGS recommends that California’s circulation process be extended from 150 to 365 days, bringing it in line with many other states. This would give grassroots organizations more time to circulate initiatives, yet it would not affect wealthier interests, since they can qualify measures in virtually any period.
Other reforms and recommendations can be found in the report.
Bob Stern was named Center for Governmental StudiesPresident in 2000. He has served as General Counsel of CGS since its founding in 1983. He has co-authored a number of CGS reports in the areas of campaign finance reform, the initiative process, and electronic filing of disclosure statements. Before joining CGS, he was General Counsel of the California Fair Political Practices Commission for nine years. He has authored a number of statewide initiatives enacted by California voters, including the Political Reform Act of 1974.
Comments
Excellent recommendations, but others are needed:
Voter information: Just putting pro and con videos on the SOS website is a minor improvement. Voters need what legislators get: public hearings, expert testimony, reports, etc. Former Senator Gravel's National Initiative for Democracy uses randomly-selected "Deliberative Committees" to provide these: http://Vote.org. Citizen's Initiative Review uses a similar system: http://cirwa.org
Money & circulation: Gravel's project allows initiatives to be qualified not just by petition, but by poll: If a majority polled (to certain scientific standards) want to vote on an issue, they get to. This would be far less expensive for citizen groups, and more democratic.
Evan Ravitz, Founder, http://Vote.org
Posted by: Evan Ravitz at May 10, 2008 09:30 AM
I think there is one thing that needs to be added that would make many voters think twice before voting YES on many of the ballot initiatives.
MONEY!!!!
If every singe ballot initiative be required to come up with revenue source that is NOT the General Fund. I believe many of the initiatives that are causing your fiscal crisis would not exist.
It may sound nice to have a 3 strikes law, or mandatory minimum, bonds for this and that, but if every ballot initiative was required to come up with a tax source for the funding, people will not vote with their emotions and actually think twice about it.
Bonds have to be repaid with interest. Police, Firemen, Prison Guards all want to be paid. Now tell the voters that you need to fork over more tax money via higher income tax, sales tax, special assesment on their property, to pay for the initiative, we may not need to create a new constitution in this state.
Posted by: Brian at July 10, 2009 01:20 AM
I think there is one thing that needs to be added that would make many voters think twice before voting YES on many of the ballot initiatives.
MONEY!!!!
If every singe ballot initiative be required to come up with revenue source that is NOT the General Fund. I believe many of the initiatives that are causing your fiscal crisis would not exist.
It may sound nice to have a 3 strikes law, or mandatory minimum, bonds for this and that, but if every ballot initiative was required to come up with a tax source for the funding, people will not vote with their emotions and actually think twice about it.
Bonds have to be repaid with interest. Police, Firemen, Prison Guards all want to be paid. Now tell the voters that you need to fork over more tax money via higher income tax, sales tax, special assesment on their property, to pay for the initiative, we may not need to create a new constitution in this state.
Posted by: Brian at July 10, 2009 01:21 AM
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