Category Archives: direct democracy

Utah Supreme Court Rules for League of Women Voters in Case to Reinstate Nonpartisan Redistricting Initiative

July 11, 2024, 3:48 pmdirect democracy, redistrictingDan Tokaji

Here’s the opinion in League of Women Voters v. Utah State Legislature (h/t Ballot Access News). A key excerpt: The novel question before us asks: what happens when Utahns use their initiative power to exercise their “right to alter… Continue reading

“Federal appeals court to reconsider case affecting Attorney General Dave Yost’s authority to block proposed ballot issues”

June 17, 2024, 9:12 amballot access, direct democracyRick Hasen

Cleveland.com: A federal appeals court will reconsider a recent decision that could affect Ohio Attorney General Dave Yost’s ability to block future proposed ballot-issue campaigns via a state law that gives his office authority to sign off on proposed… Continue reading

“Arizona lawmakers agree to let voters decide on retention rules for state Supreme Court justices”

June 14, 2024, 7:44 amdirect democracy, judicial elections, voter initiativesJustin Levitt

The ballot initiative – in the wake of controversy over the state Supreme Court ruling on abortion, affecting two Justices currently on the ballot in November — would apparently end terms for state justices and judges entirely.

“North Dakotans Approve Age Limit for Members of Congress”

June 12, 2024, 7:25 amdirect democracy, election law and constitutional law, voter initiativesJustin Levitt

I get that this was a political messaging thing … but it’s very hard to see how this is constitutional under U.S. Term Limits v. Thornton.

“Sixth Circuit Rules 2-1 that Ohio Attorneys General Cannot Indefinitely Block Circulation of Initiative Petitions”

May 30, 2024, 6:52 amdirect democracyRick Hasen

BAN: On May 29, the Sixth Circuit issued an opinion in Brown v Yost, 24-3354, that is protective of the ability of people to use the initiative process in Ohio. The Ohio law does not permit a statewide initiative… Continue reading

“‘Deceptive’ MO ballot question bans non-U.S. citizens from voting. It’s already illegal”

May 22, 2024, 10:55 amalternative voting systems, chicanery, direct democracyRick Hasen

KC Star: When Missouri voters head to the ballot box this year, they’ll be asked to sign off on a measure that would ban ranked-choice voting or ranking candidates by preference. But the first bullet point that will appear on… Continue reading

“Arizona Republicans Set Up a Ballot Measure to Squash Future Ballot Measures”

May 18, 2024, 7:45 amdirect democracydemocratic backslidingTabatha Abu El-Haj

Bolts Magazine: One more Republican legislative attack on ballot measures. The Arizona legislature seeks to make the process more difficult through a constitutional amendment imposing strict geographic requirements. These measures are highly problematic because ballot initiatives are one of… Continue reading

Ohio: “Organizers sue Yost over rejection of ballot proposal that would abolish qualified immunity”

March 22, 2024, 7:05 amdirect democracyRick Hasen

Cleveland.com: Citizens behind an effort to abolish “qualified immunity” – a legal doctrine that can shield police from liability amid accusations of excessive use of force – are suing Ohio Attorney General Dave Yost, alleging he’s illegally blocking them from… Continue reading

“Red State AGs Keep Trying to Kill Ballot Measures by a Thousand Cuts”

February 29, 2024, 2:44 pmdirect democracy, The Voting WarsRick Hasen

Bolts: When a coalition of voting rights activists in Ohio set out last December to introduce a new ballot initiative to expand voting access, they hardly anticipated that the thing to stop them would be a matter of word choice. But… Continue reading

“Republican legislatures in some states are trying to keep abortion off the ballot”

January 29, 2024, 7:20 amdirect democracyRick Hasen

AP: Legislative efforts in Missouri and Mississippi are attempting to prevent voters from having a say over abortion rights, building on anti-abortion strategies seen in other states, including last year in Ohio. Democrats and abortion rights advocates say the… Continue reading

“Explainer: Shaping Democracy: 2023’s Statewide Ballot Measures and What Lies Ahead in 2024”

January 18, 2024, 1:19 pmdirect democracyRick Hasen

Derek Clinger: The past year saw a continued trend of increased interest in direct democracy, with the highest number of statewide ballot measures for an odd-numbered election year in over 15 years. These measures, which came from both state legislatures… Continue reading

Fascinating Election Law Issue Raised in Petition for Review to California Supreme Court

September 26, 2023, 3:49 pmdirect democracy, votingRick Hasen

The Petition for Review in Alliance San Diego v. City of San Diego raises a very interesting issue: QUESTIONS PRESENTED 1. The City of San Diego (the “City”) held an election on an initiative proposing a special tax (Measure C)… Continue reading

“Ohio Issue 1 fails: Big cities, suburban and many rural counties voted down issue”

August 8, 2023, 5:50 pmdirect democracyRick Hasen

Columbus Dispatch: Issue 1 was projected to fail on Tuesday, according to Decision Desk HQ, dealing a blow to Ohio Republicans who wanted to hamstring a November ballot question on abortion rights. Decision Desk HQ, an election results reporting agency… Continue reading

Melissa Murray and Kate Shaw: What Happened to the Part of Dobbs About Letting the People Decide About Abortion Rights?

August 7, 2023, 5:12 pmdirect democracyRick Hasen

Murray and Shaw NYT Oped: In Dobbs v. Jackson Women’s Health Organization, the Supreme Court justified its decision overruling Roe with an appeal to democracy. In the Dobbs majority opinion, Justice Samuel Alito wrote that the conclusion in Roe… Continue reading

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