We the People: A Needed Reform of State Initiative and Referendum Procedures

Part II of this Comment begins by detailing the history of the ballot initiative and referendum in the United States. Part III next details the different types of initiatives and referenda commonly used in the United States. Part IV discusses the merits of the ballot initiative, discussing both benefits and disadvantages. Part V gives an overview of various state approaches to initiative procedures. Part VI introduces some of the various procedural shortfalls in the initiative process. Part VII discusses Missouri common law and how the courts have helped shape Missouri’s law in the initiative process. Part VIII examines Brown v. Carnahan, a case handed down by the Supreme Court of Missouri in 2012 that clarified many aspects of ballot initiative procedures. Part IX concludes by discussing the future of the ballot initiative in Missouri and detailing steps that could be taken by the Missouri General Assembly to slow the large increase in the number of ballot title challenges in recent years.