POLS 207: State & Local Government

Megan K. Dyer February 1, 2017

 Overview

Today: Democracy in the States

1. Direct democracy in the states
Referendum
Initiative
Recall
2. The future of democracy in the states
 Direct Democracy in the States

Direct Democracy

Not present at natl level

NO nationwide voting on laws or amendments
NO provision for a national referendum

Found ONLY at state & local levels of govt

 Direct Democracy in the States

Three instruments of DIRECT DEMOCRACY

1. Referendum
Voters go to the polls

2. Initiative
Voters get something put on the ballot
! then go to the polls

3. Recall
Removal of an elected official from office

NOTE: Referendum & recall can be used in conjunction w/ initiative process

 Referendum

Referendum

Voters go to polls & vote on:

Laws &/or ordinances
Constitutional amendments

TX: Referenda ONLY from proposal by state legislature

Drafted by the legislature
May be recommended by commission
 Initiative

Initiative

Citizen-initiated!

Petition drive to collect signatures

! get law or amendment placed on ballot

Bypasses state legislature

TX: Not available at state level

Oregon voter signs a petition

 Initiative

The Initiative in the states

What can VOTERS initiate?

Constitutional amendments
Statutes (regular laws)
BOTH
Neither

TX: All state-level referenda from

legislative proposal or commission

CA: 17 Initiatives on 2016 ballot!

(not out of the ordinary)
California Initiatives (Nov. 2016 Ballot)
 Initiative

The Politics of Citizen Initiatives

Progressive origins, but conservative shift

Initiatives BYPASS the capital & its powerholders

Sometimes lawmakers will try to preempt
! write their own version first!

Often address many hot button issues & reforms

Drugs
Same-sex marriage
Abortion
Etc.
 Initiative

Initiative Campaigns

More & more sophisticated (& expen$ive)

Great ORGANIZATION required

get signatures
get information to voters
i.e. What do YES & NO actually mean?
get people out to vote

Many citizens initiatives sponsored by interest groups

Can be big, expensive, public fights
CAs hotly contested, Prop. 8 (2008)
 Initiative

Local Initiatives

Local govts may have initiative

provision for local ordinances

TX: 352 charter cities

Initiative for LOCAL ballot

Not avail. to general law cities

i.e. no adopted charter

Left: Petition signatures submitted to Austin city clerk;

Right: Houstonian campaigns against local ballot initiative, 2015
 Initiative

Local Initiatives

Local example: College Station Red Light Cameras (Nov. 2009)

Local ballot initiative & referendum

Note: Both Bryan & CS are charter cities

7882 voters, cameras voted down by ONLY 272 votes

Note: off-year election
 Initiative

Initiatives & Term Limits

Term limits
Limit # of times officials can run for office
(Unlikely to be proposed by state lege)

Initiatives used to impose term limits

on STATE politicians, (not national)
Popular among voting public

TX: no state term limits

Note: Which states have term limits &

which also have initiatives?
 Initiative

Assessing Term Limits

FOR
Legislators dont become career politicians
More open seat races, competitiveness, & variation
Looking ahead: advantage of incumbency

AGAINST
Restricts the peoples choice
Career politicians have institutional knowledge, expertise, & know-how
Less reliant on lobbyists, staff, & bureaucrats for policy info
 Recall

The Recall

Elected official can be

removed before end of
regular term

NOT impeachment
political, not criminal

A primal response to
political dysfunction?

Recall of California Governor Grey Davis, 2003

 Recall

The Recall

36 states have some provision for recall

Only 19 allow recall of state officials

Which officials can be recalled?

Varies! --- May include executive, legislative, & judicial officials
Executive recall most common
(judicial least common)

More variation!
Signature requirements for recall
Method of appointing successor
 Recall

The Recall State Differences

" Federal local recall

" Limited recall
" STRIPES = initiative process
# No recall

Aside: Is federal-level recall (9

states) constitutional?
 Recall

The Recall in Texas

NOT for state-level officials

Only available to certain political subdivisions

May be available in home rule cities or charter cities

352 of ~1200 TX cities are charter cities
90% of these have some recall provision
 The Future of Direct Democracy in the States

Towards more direct democracy?

Direct democracy remains popular!

Even when expensive &/or unwieldy
Even if it unleashes interest groups

Hard to justify rolling backing democratizing reforms

Re: populist ideology & individualistic political cultures

Next: The Context of Federalism