BUBBLE UP DEMOCRACY

- editorial by Frank Sims, ~2003

"All 50 states allow for some form of ballot measure or referendum," in a recent statement by a national newspaper.  Let's change that to 49. Delaware does not allow any form of initiative or referendum. Not only does Delaware not have in place a process for the citizens to practice their First Amendment right, but we are also the only state that does not allow its citizens to vote on changes to their own Constitution.  But that could change.

Nationally in 2002, 53 of the 202 ballot measures were citizen-initiated.  Voters decided against a tax cut on food and medicine in Arkansas and a repeal of the personal income tax in Massachusetts.  In Washington, a measure cutting car license fees passed.  Arizona and Missouri considered raising tobacco taxes.  Arizona's passed but Missouri's failed.  Voters in Tennessee and North Dakota passed new lotteries.

In education, California's Proposition 49 passed mandating more state spending on before and after school programs.  In Florida, measures on the ballot implementing class-size reductions, state-funded preschool and a new governing board for the state university system passed.  Bans on bilingual education passed in Massachusetts but failed in Colorado. Gambling and lottery measures to fund education passed in Arizona, Idaho, and Tennessee.

Election day registration proposals failed in California and Colorado.  Colorado voters defeated a proposal to shift entirely to mail ballots and eliminate polling places on election day. Florida voters passed a measure requiring that all initiated constitutional amendments be accompanied by an economic impact statement.

Measures legalizing the possession of marijuana or easing property forfeiture laws failed in Arizona, Nevada and Ohio. Voters in the District of Columbia passed a measure mandating treatment in lieu of incarceration for non-violent drug offenders.

In gambling related measures Arizona voters voted down slot machines at racetracks and passed a legislative referendum to continue the state lottery. In Idaho a measure allowing video gaming machines at tribal casinos passed, as did new state lotteries in North Dakota and Tennessee.

In health care, Florida voters passed a measure banning smoking in workplaces.  Arizona voters passed a measure to increase tobacco taxes to fund health care programs, but a similar measure in Missouri failed.  Reallocating tobacco settlement revenues to health care programs passed in Montana and failed in Michigan.

These are just some of the grass-roots efforts that have helped reenergize voters and preserve an outlet for direct democracy.  Research shows that when there's an initiative on the ballot voter turnout increases 3 to 7 percent.

Lawmakers, who have an inherent distrust of such measures ("You elected us, don't take our power away"), have been inclined to put extra effort into denying and/or creating more restrictions on the citizen-initiative process.

But there is a solution.  House Bill 119, Advisory Initiative and Referendum sponsored by Rep. Cathcart and cosponsored by Reps., Caulk, Valihura, B. Ennis, Hall-Long, Maier and Sens., Sokola, Bonini, Cloutier.  The bill is a compromise in that it preserves the authority of the Legislature to create legislation while granting the citizens a formal process to submit issues to the Legislature.

Once a formal petition is presented to the General Assembly, it may:

1. Enact Legislation
2. Fail to enact legislation
3. Enact separate legislation relating to the primary intent or subject matter contained in the initiated legislation.
4. Place the initiative on the ballot for the next general election for consideration by the electorate at large.

Democracy should bubble up, not trickle down.