The Independent View: GOP Lawmakers Create Hurdles for Citizen Ballot Initiatives

Arkansas’ GOP-dominated Legislature has taken steps this year that will make it Harder to put Initiatives before Voters, and they are not the only ones.

Florida, North Dakota, South Dakota, and Utah also have Enacted Restrictions on the Public’s Ability to place Initiatives on the Ballot.

In Michigan, the State’s Top Election Official is being Sued over Republican-enacted Requirements that make it Harder to Qualify Proposals for the Ballot.

In all, Lawmakers in 16 States introduced more than 120 Bills this year that would Weaken the Initiative Process.

The moves worry Advocates who say they Undermine the Idea of Direct democracy and could effectively shut Down the Initiative Process in some States.

Arkansas' Governor Signed into Law Legislation Overhauling the way Measures are approved for the Ballot so that a Proposed Initiative and the Signatures Collected in favor of it are Reviewed at the same time. The Change, Critics say, would mean Groups could Waste Time and Money Circulating Petitions only to find out afterward that there was a Problem with the Wording that would Disqualify it from the Ballot.

Arkansas Lawmakers also placed on next year’s Ballot a Measure that, if Approved by Voters, would Impose additional Restrictions. Those would include Tripling the Number of Counties where Initiative Sponsors must Collect a Minimum Number of Signatures and Eliminating a 30-day period Groups have to gather Additional Signatures if they initially Fall Short. The Lawmakers’ Ballot Measure also would move up by Several Months the Deadline for Submitting Petitions.

In Arkansas, the Fight over Initiative Restrictions may not be over, with Groups Opposing them preparing a Lawsuit. David Couch, the Attorney who Sponsored the Minimum Wage and Medical Marijuana Initiatives, also sees another Path to Fighting Back, Placing an Initiative on next year’s Ballot that Competes with the One Pushed by the Legislature.

A similar Change was used in Florida when the Governor this month Signed Wide-Ranging Legislation that Erects a Number of Hurdles to those trying to get Initiatives before Votes. The New Florida Laws require Paid Petition Gatherers to Register with the Secretary of State, Prohibit Payments based on the Number of Signatures Collected, and Levy Fines if Petitions aren’t turned in within 30 days. The Petitions also must Include the Name and Permanent Address of the Signature-Gatherer.

In Utah, where Voters last year Approved Medical Marijuana, Medicaid Expansion, and Redistricting Proposals, the State’s Republican Governor Signed Legislation Delaying the Implementation of Successful Initiatives to give Lawmakers a Chance to Change them.

Idaho Gov. Brad Little (R) Vetoed Proposals that would have made it Tougher to Qualify a Measure for the Ballot, saying he didn’t believe the Restrictions would Stand-Up in Court. The Legislation was seen primarily as a Reaction by the Republican-dominated Legislature to Last year’s Voter Approval of Medicaid Expansion.