Initiatives

Initiatives are a form of direct democracy and involves the forcing of a public vote on an issue through the use of petitions. It may be tempting to call the vote itself a referendum, but this term is only applied to votes that originate from the state legislature. In US Politics, the initiative vote may be called a ballot measure, initiative measure or more commonly a proposition.

It is important to note that there is no national mechanism for initiatives at a federal level, but that the power is available to citizens in 24 states, and the District of Columbia. If the federal government were to decide to introduce such as measure, it would require a constitutional amendment to avoid it being struck down in the Supreme Court as it would contravene Article I, Section I which grants all legislative power to Congress.

Initiatives may seek to introduce a law at a state level, repeal a state law, or attempt to change the State Constitutions. Initiatives are brought about through a petition of the registered voting population. Each petition must reach a certain number of signatures to be allowed onto the ballot. These levels will either be enshrined in the State Constitutions or legislated for by the State legislature. Once the number of signatures has been obtained, it is submitted to the state election officials who will verify the signatures. Once this happens the initiative proposal is then on the ballot.

When measures will appear on a ballot will vary depending on the state that it is being called for in, but they will typically appear on the ballot at the next general election or the next set of primary elections. If the measure is successful, the proposal will then be implemented. If the measure fails, then it does not. However, the campaign groups behind the measures will often try and take the issue back for another go.

There have been hundreds if not thousands of measures put forward through the use of initiatives. Some examples of these include:

• Measures on the prohibition of legalisation of same-sex marriage in various different states.
• Measures to legalise the recreational use of cannabis
• Measures to enshrine a no state income tax provision into the New Hampshire Constitution

Adverts for Propositions:

Proposition 8 was an initiative that reached the required signatures and sought to “Eliminate the rights of same sex couples to marry”. The proposition passed, but was stuck down later by the Supreme Court in Hollingsworth v Perry 2013. Below are two adverts one advocating a yes vote and one advocating a no vote. It highlights just how seriously Americans can take initiatives.