CitizenPowerMagazine.net       July 2008

DIRECT DEMOCRACY FOR THE 21st CENTURY
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Contents: Democracy by Initiative (2nd Edition)

List of Tables ix
Foreword to the Second Edition xi
Foreword to the First Edition (1992) xiii

EXECUTIVE SUMMARY 1
• Democracy by Initiative in California 1
• The Colorful History of the Initiative Process in California 3
• How Initiatives Qualify for the Ballot in California Today 4
• The Sweeping Impact of Ballot Initiatives in California 5
• Critical Issues in the Ballot Initiative Process 8
• The Need to Retain and Improve the Ballot Initiative Process 16
• Summary of Recommendations 17
• Implementing the Proposals in This Report 26

PART I : DEMOCRACY BY INITIATIVE IN CALIFORNIA 29
CHAPTER 1 Origins and History of the Ballot Initiative in California 31
• Summary 31
• Early Progressives Create New Forms of Direct Democracy 33
• California Voters Have Enacted Numerous Amendments to the Initiative Process
Since Its Inception 44
• Conclusion: The Initiative System Is at a Crossroads 54
CHAPTER 2 The Growing Impact of Ballot Initiatives 55
• Summary 55
• Ballot Initiatives Play a Prominent Role in Shaping California Public Policy 57
• A Variety of Political Developments Have Spurred Growth in the
Use of Initiatives 65
• Opponents Advance a Number of Arguments Against the Initiative Process 72
• Supporters Cite a Number of Arguments in Defense of the Initiative Process 83
• Despite Its Flaws California’s Ballot Initiative Process Should Be Retained—but with
Significant Improvements 88
iii
PART II : CRITICAL ISSUES AND RECOMMENDED REFORMS 93
CHAPTER 3 Initiative Drafting and the Need for Amendability 95
• Summary 95
• Poorly Drafted Initiatives Cause Confusion Among Voters and the Courts 97
• California Lacks Effective Procedures to Detect and Correct Initiative Errors Either
Before Circulation or After Adoption 109
• Other States Have Procedures to Detect and Correct Deficiencies in Ballot Initiatives,
but Many of These Would Present Problems in California 119
• Recommendations: Amendability and Other Procedures Must Be Added to Improve
the Drafting Quality of Initiatives 130
• Other Reforms Have Been Suggested That Are Unnecessary or Undesirable 138
• Conclusion 145
CHAPTER 4 Petition Circulation and Ballot Qualification 147
• Summary 147
• Ballot Qualification in California Requires Hundreds of Thousands of Signatures 148
• Initiative Qualification Procedures Have Become More Difficult at the Local Level,
Although Local Initiatives Are Still Able to Qualify 151
• Circulation Procedures Vary in Other States 153
• Signatures Can Be Collected Through Several Different Means 158
• Exclusive Volunteer Petition Circulation Is a Thing of the Past 164
• Direct Mail Petition Circulation Is a Profitable (and Expensive) Business 174
• Initiatives Dominate California’s Political Landscape 178
• Recommendations: Some Qualification and Circulation Requirements Should Be Eased,
Others Tightened 184
• Some Potential Reforms of the Circulation Process Need Further Study or Are
Not Desirable 190
• Conclusion 197
CHAPTER 5 Constitutional Revisions and Voting Requirements 199
• Summary 199
• Initiative Proponents Are Attempting to Amend the Constitution More Frequently, Even
Though a Higher Signature Requirement Makes Constitutional Amendments Somewhat
More Difficult to Qualify 200
• Counter-Initiatives Are Being Used in Questionable Election Strategies 210
• Excessively Long Ballots Irritate and Confuse Voters 213
• Should Initiatives Be Limited to General Election Ballots? 217
iv CONTENTS
• Recommendation: Statutory Language Should Be Removed Gradually from the State
Constitution to Reduce the Need for Future Constitutional Amendments 223
• Other Specific Reforms Are Unnecessary or Undesirable 225
• Conclusion 228
CHAPTER 6 Voter Information 229
• Summary 229
• Voters Obtain Information from a Variety of Sources and in a Number of Formats 230
• The Official California Ballot Pamphlet Remains a Trusted and Valued Source of
Voter Information 232
• The California Secretary of State’s Website Needs to Be Improved 237
• Nonpartisan Civic-Sponsored Easy Voter Guide Is Useful to Voters 238
• Online and New Technology Sources of Nonpartisan Civic Voter Information
Are the Latest Ways to Reach Voters 239
• Special Interest Groups Provide Cues to Voters 241
• Online and New Technology Resources Are Evolving 242
• Face-to-Face Exchanges of Political Information Continue to Be Important 243
• Recommendations for Improving the State-Sponsored Ballot Pamphlet 244
• Recommendations for Improving the Secretary of State’s Website 248
• Conclusion 249
CHAPTER 7 News Media, the Internet and Advertising 251
• Summary 251
• “Managed” Information Dominates Initiative Campaigns 252
• Paid Advertising Plays a Crucial Role in Swaying Voters 253
• The Continued Heavy Use of Slate Mailers 258
• The Rise of Cable News Has Contributed to an Atmosphere of Biased Information 264
• Technology Is Creating New Sources of Voter Information 267
• Press and Elite Endorsements Have an Important Impact on Public Opinion and
Election Outcomes 269
• The Fairness Doctrine Has Played a Valuable Role in Ballot Measure Campaigns 272
• Initiative Disclosure Laws Vary from State to State 275
• Recommendation: Voter Information Should Be Enhanced Through Improved
Disclosure 276
• Some Proposed Reforms May Be Beyond the Reach of State Jurisdiction, and
Others Are Not Recommended 278
• Conclusion 280
CONTENTS v
CHAPTER 8 The Influence of Money on California’s Initiative Process 281
• Summary 281
• The Qualification of Initiatives Depends Largely on Money 284
• Large Contributions Dominate Initiative Campaigns 287
• Campaign Costs Have Grown 297
• Heavy Spending Impacts Initiatives 299
• Reform Measures Face Legal Challenges 302
• Recommendations 305
• Other Proposals Related to Initiative Campaign Spending Have Been Examined
but Rejected 312
• Conclusion 316
CHAPTER 9 Judicial Review of Ballot Initiatives 317
• Summary 317
• California Courts Have Generally Shown Restraint When Urged to Invalidate
Initiatives 318
• Recommendation: The California Supreme Court Should Reconsider Its Test for
Invalidating Conflicting Initiatives 322
• Recommendation: The Supreme Court’s Current Definition of “Single Subject” Should
Remain Unchanged 330
• Recommendation: The Prohibition on Constitutional “Revisions” by Initiative Should
Be Revoked 339
• Mandatory Judicial Review of Initiatives Before Elections Is Not Desirable or
Practicable 341
• Conclusion 342

PART III : THE FUTURE OF BALLOT INITIATIVES IN CALIFORNIA 345
CHAPTER 10 Enacting the Recommendations in This Report 347
• Summary 347
• This Report Recommends a Comprehensive and Balanced Package of
Reforms 349
• Some Proposed Reforms Will Require Statutory and Constitutional
Amendments 350
• Conclusion 358
vi CONTENTS

PART IV : APPENDICES 359
APPENDIX A Summary Checklist: Recommendations for Reform of California’s
Ballot Initiative Process 361
APPENDIX B Statutory Language for the Recommendations in This Report 367
APPENDIX C Procedures and Timetables for Ballot Initiatives Under the
Recommendations in This Report 375
APPENDIX D Ballot Initiative Reform Consultants 379
APPENDIX E California Commission on Campaign Financing Members and
Professional Staff as of 1992 385
APPENDIX F Selected Bibliography 389
CONTENTS vii