Category Archives: direct democracy

“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.

Federal Court, Citing Bush v. Gore, Invalidates Nebraska Initiative Signature Requirement

December 3, 2014, 11:20 amballot access, direct democracyRick Hasen

The ruling is from Nov 10.

“Overview of First Amendment Issues in Initiative Proponent Disclosure Case”

November 22, 2014, 6:32 pmcampaign finance, direct democracyRick Hasen

The following is a guest post by Emily Hogin. Hogin is a second-year law student at Harvard Law School, where she is an editor on the Harvard Law Review. On December 16, the en banc Ninth Circuit will hear oral… Continue reading

“Low voter turnout eases ballot-measure requirement”

November 15, 2014, 8:02 amballot access, direct democracyRick Hasen

SacBee: Got a ballot measure for 2016? You’re in luck. Ballot initiatives two years from now will need about 30 percent fewer qualifying signatures than they did this year, according to the political-consulting types at Sacramento’s Redwood Pacific Public… Continue reading

Slim MT Campaign Against EDR

October 18, 2014, 12:36 pmdirect democracy, voter registrationJustin Levitt

From the Helena Independent Record: Progressive groups are putting money and shoe leather into defeating a Republican-sponsored ballot measure that would end Election Day voter-registration in Montana. Yet the campaign for the measure, known as Legislative Referendum 126, is… Continue reading

A New Way to Sort Through Ballot Propositions

October 17, 2014, 10:30 amdirect democracyJustin Levitt

California is (in)famous for its direct democracy, with a hefty portion of each cycle’s ballot devoted to initiatives that are often long and complicated. Here’s a new way to understand what’s what: video reviews of the major arguments pro and … Continue reading

“Ballot Item Would Reform Redistricting, at Least in Theory”

October 13, 2014, 9:34 amdirect democracy, redistrictingJustin Levitt

A NY Times report about the constitutional amendment on the ballot in New York to change the redistricting structure. Unlike other states that have recently changed their redistricting process (like California and Florida), New York has no citizens’ ballot… Continue reading

Ah, Direct Democracy…

October 11, 2014, 5:17 pmdirect democracyJustin Levitt

In a referendum, does a “For” vote mean a vote in favor of an enacted ordinance, or a vote in favor of its repeal? (An Arkansas lawsuit seeks an answer…)

Battles over Municipal Charter Amendment

October 11, 2014, 4:02 pmballot access, direct democracy, legislation and legislaturesJustin Levitt

An interesting story in Ohio at the intersection of citizen initiatives, delegation of legislative duties, election administration, and last-minute court orders, in the municipal context. A charter amendment has been placed on the ballot, off the ballot, off the ballot,… Continue reading

Ninth Circuit Taking Initiative Proponent Disclosure Case En Banc

October 7, 2014, 3:29 pmcampaigns, direct democracyRick Hasen

The order is here. Here is my post on the panel’s original decision, a decision which is wiped out by today’s grant of an en banc hearing: Breaking: Divided 9th Circuit Strikes Down CA Law Requiring Identity of Ballot… Continue reading

“Prop. 47 asks Californians to reduce drug, theft penalties”

October 2, 2014, 7:22 pmdirect democracyRick Hasen

Bob Egelko: “The ballot measures reflect a recurring legislative logjam on crime issues in which prosecutors and defense lawyers have been far more successful at blocking their opponents’ bills than at passing their own.”

“Jerry Brown signs initiative and student suspension bills; vetoes money for UC, CSU”

September 28, 2014, 3:40 pmdirect democracyRick Hasen

SacBee: “Gov. Jerry Brown signed legislation Saturday giving the proponents of California ballot initiatives more time to collect signatures and allowing them to withdraw their initiatives or add amendments.”