Taking the Initiative: Direct Legislation and Direct Democracy in the 1980s

The last decade has seen a resurgence in interest in three direct democracy devices—the initiative, the popular referendum and the recall. These processes reflect the Progressive Era reformers' aim of enlarging the role of citizens and voters as well as restricting or checking the power of intermediary institutions such as state and local legislatures, political parties, and elected executives. The focus of this article is to examine the increased use of the initiative and popular referendum at the state level as well as how the process actually works. The related processes of the recall and teledemocracy are addressed in other articles in this symposium. Statewide Provisions for Initiative, Popular Referendum and Recall The initiative process permits petitioners to write and, if a sufficient number of valid signatures are gathered, place those proposals on the ballot. The initiative can be placed directly on the ballot (the direct initiative); or before the legislature. If the legislature does not enact the measure or otherwise satisfy the sponsors of the initiative, the sponsors can gather additional signatures and place their proposal on the ballot (the indirect initiative). Five times as many states have the direct initiative as the indirect and, in states that permit both, proponents typically prefer to go directly to the ballot.