Ballot Power: Can Initiatives Repeal Existing Laws?

Ballot initiatives, also known as referendums, are a form of direct democracy that allows citizens to propose and enact laws without the involvement of the legislature or governor. This process gives citizens the power to initiate statutory or constitutional changes, which are then voted on by the people. While ballot initiatives provide a way for citizens to bypass traditional legislative processes, it is important to note that they are not immune to legislative alteration. In some cases, laws enacted through ballot initiatives can be amended or repealed by the legislature, as seen in states like Utah and Arizona. This dynamic between citizen-driven ballot initiatives and subsequent legislative action raises questions about the balance of power and the evolving nature of law-making in a democratic society.

Ballot initiatives and referendums: direct democracy

Ballot initiatives and referendums are a form of direct democracy. They were introduced during the Progressive Era (1896–1917) to moderate the power of political parties and bosses and break the concentrated power of corporations and trusts. While they are written into several state constitutions, they are only available at the state level and do not exist for federal legislation.

Ballot initiatives allow citizens to propose laws and constitutional amendments without the support of the governor or legislature. They can be initiated state statutes, initiated constitutional amendments, or veto referendums. In the case of veto referendums, citizens are asked whether they want to uphold or repeal an existing law. Twenty-six states allow for citizen-initiated ballot measures, and 23 states allow for citizens to initiate popular referendums.

Legislatures can also amend or repeal voter-approved initiatives, and some lawmakers have been accused of trying to reduce citizens' power to enact policy through ballot initiatives. For example, in 2013, the Idaho Legislature increased the geographical requirements for putting an initiative on the ballot after a set of unpopular education laws were repealed by voters. In Utah, the legislature prohibited citizen-initiated ballot measures from taking effect until the 60th day following the last day of the legislative session, allowing them to make changes to a successful ballot measure before its implementation. In Michigan, the legislature used a tactic called "adopt and amend" to pass and then amend citizen-initiated proposals.

To get an initiative on the ballot, citizens must write the text of the proposed law and submit it to the Attorney General for an official title and summary. They then circulate petitions to collect signatures from registered voters and submit them to county election officials for verification. The initiative will be qualified for the ballot or failed by the Secretary of State.

Legislative alteration of ballot initiatives

There is variation among states in terms of the restrictions on legislative alteration of ballot initiatives. Eleven states have no restrictions on when or how legislators can amend or repeal voter-approved initiatives. These include Idaho, Maine, and Utah. Ten states have restrictions on how and when the legislature can amend or repeal voter-approved initiatives. Eight states have a supermajority vote requirement or a time requirement. For example, Michigan requires a three-fourths supermajority vote to amend or repeal approved citizen initiatives, while North Dakota, Washington, Nebraska, and Arkansas require two-thirds supermajority votes. Additionally, in North Dakota and Washington, the state legislature may amend or repeal an approved citizen initiative with a simple majority vote after a period of time has passed. For Washington, the time period is two years, while, for North Dakota, it is seven years. Other states also have time requirements: in Alaska and Wyoming, two years must elapse before repeal, though the legislature can amend an initiative at any time. In Nevada, three years must pass before an amendment or repeal can be done.

Legislative alterations of ballot initiatives can occur through various mechanisms. For example, in some cases, state legislators may act to preclude an election or change or block initiative proposals that were never put on the ballot. In other instances, deals may be made between state legislators and initiative proponents, resulting in initiatives being withdrawn or replaced by substantively different legislation. Additionally, legislative alterations can occur through legislatively referred state statutes, where the legislature puts proposed legislation up for a popular vote.

Citizen-initiated statutory measures

While ballot initiatives vary by state, the basic process typically involves writing the proposed law (initiative draft), submitting it to the state's Attorney General for review and official title, and then collecting signatures from registered voters to qualify the initiative for the ballot. The number of signatures required varies but is generally a predetermined number that is lower than the number needed for a full initiative. Once qualified, the initiative is placed on the ballot for voters to approve or deny.

However, citizen-initiated statutory measures are vulnerable to legislative interference. In most states, the legislature can amend or repeal citizen-initiated laws, sometimes even before they are put to a vote, as seen in Utah. Legislatures may also alter initiatives after they have been approved by voters, as occurred in Idaho, where unpopular education laws were repealed by voters but later reinstated by the legislature with stricter requirements for placing initiatives on the ballot.

To protect citizen-initiated statutory measures from being overturned or altered by lawmakers, some states have implemented safeguards. For example, Nevada allows voters to collect signatures to affirm a standing law, and if a majority votes to affirm, the legislature is barred from amending it without citizen approval. Other states, like Arizona, have enacted Voter Protection Acts to safeguard voter-approved initiatives from being repealed or amended by the legislature.

Ballot initiatives in California

Ballot initiatives, also known as ballot measures, propositions or ballot questions, are a form of direct democracy. They allow citizens to propose laws and constitutional amendments without the support of the Governor or the Legislature. Ballot initiatives can be used to add, repeal or amend provisions of a constitution or statutes.

In California, the ballot initiative process gives citizens a direct say in the state's lawmaking process. The process begins with the drafting of the proposed law, which is then submitted to the Attorney General's Office for an official title and summary. The Attorney General's Office also requires the proposed measure to be submitted with the necessary certifications and a $2000 filing fee, which is refunded if the measure qualifies for the ballot.

Once the proposed initiative has been qualified by the Secretary of State, it will appear on the ballot for voters to approve or deny. In California, ballot propositions can be proposed by either the Legislature or citizens. Citizen ballot propositions are started by circulating petitions to collect the required number of voter signatures.

California is one of several states that allow citizens to initiate referendums, also known as popular referendums. This process allows citizens to collect signatures to place a question on the ballot, asking voters to repeal or retain a specific state law.

Ballot initiatives in Mississippi

Ballot initiatives, also known as ballot measures, propositions, or ballot questions, are a form of direct democracy that allows citizens to propose and enact laws or policy changes directly through a popular vote. In the United States, initiatives and referendums were introduced during the Progressive Era (1896-1917) to moderate the power of political parties and bosses.

In Mississippi, the process of initiating a ballot measure is outlined as follows:

• Registration: The initiative must be registered with the Secretary of State's Office.
• Ballot Title and Summary: The official ballot title and summary are prepared by the Mississippi Attorney General's Office.
• Validity Period: Ballot initiatives are valid for one year, during which a petition must be circulated to gather signatures in support of the measure.
• Signature Requirements: According to Mississippi law, as interpreted by the Mississippi Supreme Court, a minimum of 106,190 certified signatures is required for an initiative to be placed on the ballot. These signatures must be certified by county circuit clerks as belonging to registered voters in Mississippi, with no more than 20% of signatures coming from a single congressional district.
• Public Hearings: State law requires public hearings to be held in each congressional district to encourage voter education and participation.
• Voting: If the initiative meets all the requirements, it will be placed on the next statewide general election ballot for Mississippi voters to decide.
• Majority Vote: For an initiative to be enacted, it must receive a majority of the total votes cast specifically for that initiative and more than 40% of the total votes cast in that election.

It is important to note that legislative alterations can occur after an initiative has been approved by voters. While some states require voter approval to amend or repeal voter-approved initiatives, others have no restrictions on when or how legislators can make changes.

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