Category Archives: direct democracy

“Judge Strikes Down California’s Ballot Initiative To Kill Gays”

June 23, 2015, 2:39 pmdirect democracyRick Hasen

BuzzFeed reports. I haven’t seen any written opinion yet. I am somewhat surprised given that courts in CA generally do not police initiatives for substantive unconstitutionality unless they pass. More when I can see an opinion. UPDATE: This may … Continue reading

The Ballot Measure Business is Big

June 18, 2015, 9:22 amcampaign finance, direct democracyRick Hasen

CPI: Active in the 26 states that have citizen-initiated ballot measures, the network of pollsters, direct mail specialists, lawyers, consultants, signature gatherers and voting data whizzes were paid at least $400 million for 85 statewide measures across the country… Continue reading

“Election Laws and Agenda Setting: How Election Law Restrictiveness Shapes the Complexity of State Ballot Measures”

May 15, 2015, 12:20 pmballot access, direct democracyRick Hasen

Kerri Milita has written this article for State Politics and Policy Quarterly. Here is the abstract: Recently, many U.S. states that allow citizen initiatives have passed laws designed to make it more difficult for an initiative to qualify for the… Continue reading

En Banc 9th Circuit Unanimously Rules No Anonymous Initiative Sponsors, Slams Role of Money in Initiative Process

April 3, 2015, 2:58 pmcampaign finance, direct democracyRick Hasen

You can find the ruling in the Chula Vista case here. This overturned an earlier panel decision, a result I expected. Now that the court has ruled this way, I think Supreme Court review is unlikely. Footnote 11 is… Continue reading

“Ted Stevens Case Looms Over Menendez Indictment”

April 3, 2015, 7:49 amchicanery, direct democracyRick Hasen

Mike Sacks reports for NLJ.

Fred Woocher Says A Court Could Well Kill the Shoots the Gays Initiative

March 26, 2015, 8:55 amdirect democracyRick Hasen

In this post, I said I’d bet a court would order CA AG Kamala Harris to prepare a title and summary for the odious “shoot the gays” initiative. I base this on CA court cases refusing to engage in pre-election… Continue reading

CA AG Kamala Harris Does Not Want to Issue Title and Summary for Shoot the Gays Initiative

March 25, 2015, 1:29 pmdirect democracyRick Hasen

Statement. But I bet a court orders who to do so. Further I bet she knows a court will order her to do so. But much better to do it under a court order.

“‘Shoot the gays’ initiative likely to be circulated”

March 19, 2015, 7:33 amdirect democracyRick Hasen

Bob Egelko reports for the SF Chronicle.

“The Supreme Court and the Power of the People”

March 6, 2015, 8:44 amdirect democracy, Elections Clause, redistricting, Supreme CourtRick Hasen

Michael Li: A good advocate tries to make things simple, and sitting through Monday’s U.S. Supreme Court hearing over the constitutionality of Arizona’s independent redistricting commission, it was clear — if there had been any doubt — that former… Continue reading

“Who Holds the Redistricting Power?”

February 26, 2015, 12:21 pmcitizen commissions, direct democracy, Elections Clause, redistricting, Supreme CourtRick Hasen

National Constitution Center podcast: Michael Morley and Nick Stephanopoulos join our Jeffrey Rosen to discuss an upcoming Supreme Court case from Arizona that could dramatically shape the future of the legislative redistricting process.

“Could the Supreme Court Make Dozens of State Election Laws Unconstitutional?”

February 13, 2015, 2:05 pmcitizen commissions, direct democracy, Elections Clause, redistrictingRick Hasen

Brennan Center with a nice interactive map on the initiatives which could be in trouble under the Arizona redistricting case.

Watch Video of Yesterday’s 9th Cir. En Banc in Chula Vista Initiative Proponents Anonymity Case

December 17, 2014, 11:50 amdirect democracyRick Hasen

Here.

“En Banc 9th Circ. Questions Initiative Secrecy”

December 16, 2014, 7:43 pmcampaign finance, direct democracyRick Hasen

Courthouse News Service reports on a lively oral argument in a case involving a purported right of initiative proponents to be anonymous. Emily Hogin offered this extensive analysis of the case in an ELB guest post. I’ve been engaging (and… Continue reading

A Liberal Ballot-Initiative Push in 2016?

December 8, 2014, 4:00 amdirect democracyDan Tokaji

Politico reports: “Groups supporting marijuana legalization, background checks on firearms and raising the minimum wage told POLITICO to expect a larger slate of ballot propositions in 2016 than during the past several election cycles.