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Taking the Initiative: Direct Legislation and Direct Democracy in the 1980s

Published online by Cambridge University Press:  02 September 2013

David B. Magleby*
Affiliation:
Brigham Young University

Extract

The last decade has seen a resurgence in interest in three direct democracy devices—the initiative, the popular referendum and the recall. These processes reflect the Progressive Era reformers' aim of enlarging the role of citizens and voters as well as restricting or checking the power of intermediary institutions such as state and local legislatures, political parties, and elected executives. The focus of this article is to examine the increased use of the initiative and popular referendum at the state level as well as how the process actually works. The related processes of the recall and teledemocracy are addressed in other articles in this symposium.

Statewide Provisions for Initiative, Popular Referendum and Recall

The initiative process permits petitioners to write and, if a sufficient number of valid signatures are gathered, place those proposals on the ballot. The initiative can be placed directly on the ballot (the direct initiative); or before the legislature. If the legislature does not enact the measure or otherwise satisfy the sponsors of the initiative, the sponsors can gather additional signatures and place their proposal on the ballot (the indirect initiative). Five times as many states have the direct initiative as the indirect and, in states that permit both, proponents typically prefer to go directly to the ballot.

Type
Research Article
Copyright
Copyright © The American Political Science Association 1988

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Footnotes

*

The survey data reported in this paper were made available by the California Poll/Field Research Institute through the State Data Program, University of California, Berkeley; by the Rand Corporation, Santa Monica, California; The Massachusetts Poll, provided by the Boston Globe and Research Analysis, Boston; Becker Polls, provided by the Boston Herald American; Market Opinion Research, Detroit, Michigan. The KBYU-Utah Colleges Exit Poll was designed by students in my public opinion course and the data were collected by students from seven Utah colleges and universities. Data collection at the state level is difficult, I have been very fortunate in the generosity of those who have provided these data. I accept full responsibility for the analysis.

I am also indebted to Sue Thomas, editor of Initiative Quarterly, and to Patrick McGuigan and Julie Ingersoll of the Initiative and Referendum Report for providing me with their recent tallies of initiative and popular referendum activity. Sue Thomas read and commented on the manuscript as did Gary Bryner, Rob Eaton, Eugene Lee, Linda Magleby and Mark Westlye. Research and computing assistance was provided by Brad McLaws, Martin Nichols and Dan Nielson. Research support for this article was provided by the College Research Committee of the College of Social Sciences, Brigham Young University.

References

Arterton, F. Chris. 1987. Teledemocracy: Can Technology Protect Democracy? Newbury Park, CA: Sage Publications.Google Scholar
Baker, Gordon E. 1977. American Conceptions of Direct vis-a-vis Representative Governance. Claremont Journal of Public Affairs 4:518.Google Scholar
Becker, Ted and Slaton, Christa. 1980. Hawaii Televote: Measuring Public Opinion on Complex Policy Issues. Presented at the annual meetings of the American Political Science Association, Washington, DC.CrossRefGoogle Scholar
Cronin, Thomas E. 1981. The Recall Device—Reconsidered. Presented at the annual meetings of the American Political Science Association, New York City.Google Scholar
Campbell, Angus, Converse, Philip E., Miller, Warren E., and Stokes, Donald E. 1960. The American Voter. New York: John Wiley & Sons.Google Scholar
Everson, David. 1981. The Effects of Initiatives on Voter Turnout: A Comparative State Analysis. Western Political Quarterly 29: 415–25.CrossRefGoogle Scholar
Gordon, James D. and Magleby, David B. 1988. Preemptive Judicial Review of Initiatives. Paper to be presented at the annual meeting of the American Political Science Association, Washington, DC.Google Scholar
Kemp, Jack. 1979. An American Renaissance: A Strategy for the 1980s. New York: Berkeley Books.Google Scholar
King, Peter H. November 9, 1986. Consultants Are King in a Media Age. Los Angeles Times.Google Scholar
King, Peter H. November 10, 1986. Strategists' Goal: Get Inside the Public Mind. Los Angeles Times.Google Scholar
Magleby, David B. 1984. Direct Legislation: Voting on Ballot Propositions in the United States. Baltimore: Johns Hopkins University Press.Google Scholar
Magleby, David B. 1985. Ballot Access for Initiatives and Popular Referendums: The Importance of Petition Circulation and Signature Validation Procedures. The Journal of Law & Politics 2: 287311.Google Scholar
Magleby, David B. 1986. Campaign Spending in Ballot Proposition and Candidate Elections: A Preliminary Assessment. Presented at the annual meetings of the American Political Science Association, Washington, DC.Google Scholar
Magleby, David B. 1988. Opinion Formation and Opinion Change in Ballot Proposition Campaigns. In Margolis, Michael and Mauser, Gary, eds., Manipulating Public Opinion. Chicago: The Dorsey Press.Google Scholar
National Center for Initiative Review. 1983. Initiative Provisions by State. Englewood, CO.Google Scholar
Price, Charles M. 1975. The Initiative: A Comparative State Analysis and Resassessment of a Western Phenomenon. Western Political Quarterly 28: 243–62.CrossRefGoogle Scholar
Ranney, Austin. 1978. The United States of America. In Ranney, Austin and Butler, David, eds. Referendums. Washington, DC: American Enterprise Institute, 6786.Google Scholar
Rosenthal, Andrew. May 15, 1988. Quest for Ideal Campaign: No Tears, No Monkey Business, No Candidate. New York Times.Google Scholar
Shirley, Don. July 17, 1979. Criticism for the Columbus Poll. Washington Post.Google Scholar
Wolfinger, Raymond E. and Greenstein, Fred I. 1968. The Repeal of Fair Housing in California: An Analysis of Referendum Voting. American Political Science Review 62: 753–70.Google Scholar
Zisk, Betty. 1987. Money, Media and the Grassroots: State Ballot Issues and the Electoral Process. Newbury Park, CA: Sage Publications.Google Scholar