Initiative and Referendum
Promoting Direct Democracy through Initiative, Referendum, and Recall
INITIATIVE
The Initiative process allows citizens to bypass the state legislature by placing proposed laws and constitutional amendments on the ballot. Twenty-four states have adopted this process.
There are two types of initiatives: direct and indirect. In the direct process, a proposed law can go on the ballot for approval by the electorate. Through the indirect process, a proposed law is instead submitted to the legislature that can act upon it at discretion.
David Meiswinkle supports the direct initiative process because it gives citizens more power in addressing major issues that the state legislature may be too timid or too compromised to consider. (In New Jersey, important legislation is often blocked by political bosses.) David wants to break the grip that wealthy special interests, lobbyists, and political bosses have on our legislators by empowering citizens to become more involved in creating legislation.
States that permit the initiative process have varying requirements to get an initiative qualified for placement on the ballot. Usually, however, the process includes the following steps:
1) filing of the proposed petition with the designated state official;
2) review of the petition for statutory conformance;
3) preparation of a ballot title and summary which names the law and explains it;
4) circulation of petition to obtain the required number of signatures from registered voters, which is usually a percentage of the votes cast for a statewide office in the preceding election;
5) submission of the petitions to the state officials to verify the signatures.
REFERENDUM
The Referendum process allows voters to repeal laws they do not want. Twenty-four states have some form of referendum. In those states, when a state law is passed by the legislature, there usually is a 90-day period when citizens can challenge the law by circulating petitions.
If enough signatures are gathered and verified, the law is placed on the ballot for a popular vote. During the time between the passage of the law and the referendum, the law cannot take effect. If the law is approved by the voters, it takes effect. If the law is rejected by the voters, it is voided and does not take effect.
Some politicians have advocated for initiative and referendum when running for office. Unfortunately, once they gain the power of elective office, they become reluctant to yield that power to the voters. If elected, David Meiswinkle would make initiative and referendum in New Jersey his top priority.
RECALL
Recall is a procedure that allows voters to remove and replace a public official before the end of a term of office. In 2003 voters in California used this process to remove Governor Gray Davis from office.
The New Jersey Constitution grants voters the authority to perform a recall election. All elective officers serving at municipal, county, or state levels can be recalled after the first year of their elective term. However, the process is so onerous that recalls are virtually impossible. For example, a recall petition requires validated signatures of 25% of the registered voters in the elective officer's jurisdiction, as of the last general election. But collecting signatures from more than 1/4 of all the people who voted in a general election is almost impossible without enormous resources.
An easier recall process would make elected officials more responsive to the needs of the people. James Florio ran for Governor on a campaign of lowering taxes, but right after his election, he supported the biggest tax increases in the state’s history. A huge storm of protest ensued, and while Democrats had significant losses in elections two years later, Florio remained as Governor. Had the recall process been a viable option in New Jersey, he probably would have been removed from office. If the threat of recall had loomed over him, at least he might have thought long and hard before betraying the public trust, and perhaps he would have pursued another solution to the state's budget crisis.
For more information on the Initiative and Referendum processes, go to:
http://www.iandrinstitute.org
http://www.iandrinstitute.org/Quick%20Fact-Handouts.htm
For more information on Recall, go to:
http://ballotpedia.org/wiki/index.php/Laws_governing_recall_in_New_Jersey
