EDITORIAL: The politics of ballot questions

In keeping with the progressive narrative that “radical” right-wingers seek to dismantle American democracy, The Associated Press has produced a lengthy piece on how Republicans are fighting to keep various state initiatives — on abortion and marijuana, among other things — off the ballot in November. This is supposed to be Exhibit A in the risible argument that nefarious conservative forces are working to impose an authoritarian theocracy.

“Some Democrats,” the AP breathlessly reports, “contend Republicans are subverting the will of the people” by challenging certain proposals in court and “by making the ballot initiative process more difficult.”

It is true that Republicans in some states have fought judicially to have certain ballot questions declared invalid for technical or other reasons. But the implication that this strategy is a tactic unique to those on the right side of the political spectrum is bereft of reality and historical context.

Consider Nevada.

Over the past three decades, state Democrats have routinely challenged citizen initiatives in the courts to keep them from the voters, including proposed referendums on term limits, forced union dues, tax restraint and school choice. Just this year, Nevada Democrats asked the judiciary to kill a ranked-choice voting proposal.

Their opposition to direct democracy isn’t limited to the referendum process. Legislative Democrats in recent years have made it more difficult to recall elected officials, and they have even exempted judges — who must run for office in Nevada — from the recall process altogether.

Opposition to the initiative process has bipartisan appeal. Democrats use the courts to block ballot questions that they hope to see fail. Likewise for Republicans. That partisanship tops principle is an unfortunate reality of our current political landscape.

The makeup of state legislatures also plays a role. In states with Republican majorities, Democrats tend to be big fans of the ballot question as they seek to bypass elected officials. In states such as Nevada, where Democrats control both legislative houses, the opposite is true.

James Madison noted in The Federalist No. 49, “As the people are the only legitimate fountain of power, and it is from them that the constitutional charter, under which the several branches of government hold their power, is derived, it seems strictly consonant to the republican theory to recur to the same original authority … whenever it may be necessary to enlarge, diminish or new-model the powers of government.”

The citizen initiative is an important part of the democratic process and serves as an vital tool to push elected officials into action or to circumvent lawmakers who refuse to act. But the idea that Democrats are its virtuous defenders and Republicans its villainous attackers is cockamamie claptrap.