The Ballot Initiative Process in California Doesn’t Have to be Junked: It Can Be Reformed

[courtesy of California Progress Report]

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