INITIATIVE AND REFERENDUM PROCESS


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POSITION IN BRIEF: Support citizens' right of direct legislation through the initiative and referendum process.
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POSITIONS

1. California should retain the referendum and direct initiative.

2. California should adopt an indirect initiative procedure, preferably as an optional alternative to the direct initiative.

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3. Drafting:

 

a. initiative sponsors should be required to submit draft proposals to an official authority for an opinion on clarity/language, constitutionality/legality, or single subject;

b. initiative proposals should be limited to a single subject and written in language which is precise, clear, and understandable;

c. initiatives dealing with timely subjects should include a "sunset clause," providing for an automatic expiration of the measure.

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4. Qualification:

a. requirements should be retained for:

1) direct initiative statute--valid signatures numbering 5 percent of the total vote for all candidates for governor in the last gubernatorial election, 150 days to collect signatures;

2) direct initiative constitutional amendment--valid signatures numbering 8 percent of the total vote for all candidates for governor in the last gubernatorial election, 150 days to collect signatures;

3) referendum on a legislative statute-- valid signatures numbering 5 percent of the total vote for all candidates for governor in the last gubernatorial election, 90 days to collect signatures;

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b. the filing fee should reflect costs of processing initiative and referendum proposals;
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c. no requirement for geographic distribution should be imposed;

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d. solicitation of signatures and campaign funds in the same mailing should be allowed.
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5. Campaign:

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a. realistic limits should be imposed on contributions by individuals and groups to initiative and referendum campaigns;

b. realistic limits should be imposed on expenditures by individuals and groups to initiative and referendum campaigns;

c. there should be provision for free time for radio and TV information programs for initiative campaigns;
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d. no public financing should be provided for initiative and referendum campaigns;

e. the legislature should conduct public hearings on initiative and referendum proposals around the state, with adequate public notice;

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f. ballot pamphlet analyses of initiative and referendum measures should be written for the reading level of the average citizen;

g. The ballot label and ballot pamphlet should clearly indicate the effect of a yes vote and a no vote.
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6. Disclosure:

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a. sponsors of an initiative or referendum and organizations which form a committee to support or oppose a measure should be required to be listed by name in the ballot pamphlet, in mailings, and in advertisements;

b. principal contributors to an initiative or referendum campaign should be required to be listed by name in the ballot pamphlet, in mailings, and in advertisements;

c. initiative and referendum committees should be required to use names that reflect their true economic or special interest.
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7. Election:

a. voting on initiatives should take place at primary and general elections but not at special elections;

b. an initiative statute or constitutional amendment, or a legislative statute appearing on the ballot as a referendum, should be approved by a simple majority of those voting on the measure to take effect;

c. an initiative statute or constitutional amendment which requires a super-majority vote for passage of future related issues should be required to receive the same super-majority vote approval for its passage;

d. state initiative measures should apply to the entire state, not only to those political sub-divisions in which they are approved;

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e. an initiative should not be allowed to provide for different outcomes depending upon the percentage of votes cast in its favor.
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8. Post-Election:

a. approval by the voters should be required for any changes made by the legislature in a statute adopted by initiative, unless the statute permits amendment without the approval of voters;

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b. initiative proposals which do not win voter approval should be allowed to appear on subsequent ballots without restriction, if they again meet qualification requirements.
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9. Legal Aspects:

a. the definition of "single subject" pertaining to initiatives should be redefined to ensure stricter interpretation and stricter enforcement;

b. constitutional challenges to voter-approved initiatives being reviewed in the state courts should be heard by a three-judge panel rather than a single judge.

 

As Adopted at LWVC Convention '99; Readopted at last convention.