Citizens' Initiatives

The citizens’ initiative instrument allows a certain number of citizens to initiate a vote of the electorate on a proposal outlined by those citizens. The proposal may, for example, amend the constitution, repeal or amend an existing law, or adopt (or require the legislature to adopt) an entirely new law. The number of signatures required to place an initiative on the ballot varies, but is usually a proportion of the number of voters who voted at the most recent election, or a fixed number or proportion of registered voters. Depending on the design of the initiative process, if the ballot measure is passed by voters, it may become part of the state or country's law. The initiative process therefore provides citizens with an opportunity to directly frame the laws and/or constitution under which they live. The use of the initiative instrument varies substantially across different countries.

Different types of Citizens' initiative

The following are examples of common types of citizens’ initiative:

Constitutional

Constitutional initiatives can be used to propose amendments to a country or state’s constitution. The number of signatures required to place a constitutional measure on the ballot is usually higher than the number required to place other types of measure on the ballot.

Statutory

Using a statutory initiative, citizens can propose statutory measures to be placed on the ballot. A lower signature threshold is usually required for this type of initiative.

Direct

If an initiative is a direct initiative, then the measure that is circulated in petition or placed on the ballot automatically becomes law if it is approved by voters, without any involvement by the legislature.

Indirect

In contrast, indirect initiatives allow for the involvement of the legislature in framing the laws that arise from the initiative process. This involvement might take a number of different forms. In some countries or states, when a petition has met the required threshold, the legislature is able to formulate its own proposal to go on the ballot as well, to offer voters an alternative between the citizens’ initiative and the legislature's response. Alternatively, the legislature may have a role after a measure has passed, e.g. if a ballot measure is approved by voters, the legislature may have some scope to amend the measure or to draft the actual law mandated by the successful initiative.

Agenda Initiatives and Abrogative Referendums

There are two other types of direct democracy mechanisms which are commonly labelled as initiatives, because they are invoked when citizens collect enough signatures in support of a measure. These are the agenda initiative and the abrogative referendum. An agenda initiative is a “special” direct democracy instrument because it enables a number of citizens to submit a proposal which must be considered by the legislature but which is not put to a vote of the electorate. Details about the abrogative referendum can be found in the section on referendums

Design and Political Issues

A number of important issues arise in relation to the process of preparing, circulating, and approving a citizens’ initiative. The significance of each of these issues varies, however, according to the relevant constitutional and political context.

Initiating the process

In order to start an initiative, proponents of the measure are required to collect the signatures of a specified number of supporters of the initiative and file them with the relevant government office. Ballot language must generally be proposed by the circulators and approved by the electoral management body or by the highest legal office of the relevant jurisdiction – e.g., Attorney General.

Ballot title

Once a proposition is filed, the first key issue is the wording of the ballot title to be circulated in petition and which will appear on the ballot. Typically, the ballot title will be a short summary of the proposed measure. The proposed measure will normally have been drafted by the individual or group proposing it, or by a legal team engaged by them, whilst the ballot title will normally be drafted by the office responsible for overseeing the administration of the initiative process. Agreeing the ballot title can be a long process, since whilst administrators aim to ensure that the ballot title clearly and accurately reflects the measure being proposed, proponents seek to put forward a title that maximises the chances of it being passed. Well funded initiative campaigns may file various versions of the same proposition then conduct opinion polls to assess the relative popularity of each, in order to ensure the proposition that is taken forward stands the highest chance of success.

Signature collection and verification

Once an initiative has been filed and the title agreed, its proponents must begin the process of collecting the relevant number of signatures required to get the initiative on the ballot. Signatures and identifying information such as voter registration number and/or address are often gathered on official forms provided by the electoral management body which include the full text or a summary of the proposal.

The number of signatures required can be expressed as a percentage of the electorate or as a fixed number of signatures from registered voters; these thresholds can vary from about one or two percent of the electorate up to 10 or even 20 percent. In addition, some geographical distribution of signatures, in a number or percentage of voters from all or most of the relevant geographical subdivisions, may be required for qualified support. Signature verification is undertaken by the department responsible for administering direct democracy and will normally be undertaken on a random sampling basis. Opponents are sometimes also given the opportunity to inspect the petitions and to file objections to individual signatures or to the entire submission on the grounds that it does not fulfil the legal requirements. Usually, a proportion of the signatures collected will be found to be invalid, so proponents generally seek to collect a number of signatures in excess of the actual threshold. If and when the relevant number of signatures is collected, the initiative is included on the ballot (usually in the next election in the appropriate jurisdiction).

Campaigning and the provision of information

During the petition circulation stage and in particular once an initiative has qualified for the ballot, proponents and opponents of initiatives will run campaigns for and against the measure. As with a referendum campaign, in some places, campaigning is regulated; contributions or expenditure may be capped. In others, however, there may be difficulties in implementing campaign controls because of the constitution; in many US states, for example, courts have ruled that expenditure limits are unconstitutional, because campaign expenditure has been equated with freedom of speech, which cannot be restricted. This has become a contentious issue because of concern in the US over the role of money and the initiative industry (see below).

In addition to campaigns run by organisations campaigning for or against the initiative, the administration responsible for overseeing the initiative process will often publish an information pamphlet providing voters with information about the proposal. Typically, this might include a statement from the pro- and anti- campaigners, as well as a non-partisan analysis of the measure produced by the government. It might also include statements from other individuals and organisations which support or oppose the measure.

Number of initiatives on the ballot

Because there are not normally any limits on the number of initiatives that can be included on a ballot, it may be the case that there are multiple initiatives on any given ballot. The number of initiatives on a ballot normally depends simply on the number of initiatives that have qualified for the ballot in the relevant period before the election (some initiative proponents will deliberately time petition circulation in order to ensure that the initiative appears on the ballot for one particular election rather than another). In the US state of Oregon, there were 26 different initiatives on the ballot at the 2000 Presidential election.

The "initiative industry"

In a number of US states in particular, concern has been expressed that the use of citizens’ initiatives is increasingly professionalized, and that the "initiative industry," rather than citizens, determines which measures make it onto the ballot. Professional firms can assist with virtually all aspects of the initiative process, including: initial drafting of the initiative; opinion polling and focus group research; negotiation over the ballot title; securing endorsements to be used in campaigning; petition circulation; proposing counter-initiatives; and campaigning for the initiative once it has qualified. One area of concern to some observers has been the use of paid signature collectors to circulate the initiative in an effort to qualify the measure for the ballot. This is perhaps because the use of companies acting for profit to collect signatures arguably seems most at odds with the concept of citizen-backed initiatives which are promoted by ordinary citizens who believe in a measure. It is almost accepted in some countries that, without the assistance of professional signature collectors, it will be virtually impossible to get an initiative on the ballot, meaning that only well-financed campaigners are able to get initiatives to the ballot. Some US states have tried to legislate against this by banning the use of paid signature collectors, or requiring professional firms to pay collectors by the hour rather than per signature. This has been ruled unconstitutional in some states, however. There have also been controversies regarding whether paid signature collectors must be registered voters in the jurisdiction where the petitions are circulated.

Counter-initiatives

In some places where citizens’ initiatives are proposed frequently, one trend is for opponents to propose a counter-initiative as a means of opposing the original initiative measure. This tactic can be successful in that the existence of two related but opposing initiatives increases voter uncertainty and confusion about an issue, increasing the likelihood that voters will simply oppose both measures. Use of this tactic may be effective for opponents of specific initiatives, but it also increases the number of initiatives in circulation and potentially on the ballot.

Role of the legislature, government officials and courts The role of the legislature, government officials, and courts in relation to citizens’ initiatives tends to be strictly defined and rather limited. As outlined above, there is a role for the legislature in relation to indirect initiatives, where there may be an opportunity for it to amend initiative measures, or propose their own alternatives. However, in cases where the design of the initiative process does not provide for the involvement of the legislature, the only reviews that are permitted by the state in relation to initiative proposals is whether or not they comply with the administrative requirements imposed, i.e., are there enough proponents, have enough valid signatures been gathered? A further administrative task is to draft and agree the summary of the ballot title. In some places, where there are strict controls on the scope of initiatives, administrators might also be responsible for checking that the initiative proposal deals only with one issue or very closely related issues. In systems where initiatives need to be translated into more than one language, administrators might also be responsible for confirming whether the translation of the initiative proposal means the same in all the relevant languages. However, other than these legally defined administrative tasks, there is often no role for officials or the courts in reviewing the constitutionality of initiative proposals, that is, the quality of being in accordance with and not contradictory to the constitution of a country.

Advantages and disadvantages of the citizens’ initiative instrument

Advantages

It is argued that the simple existence of the initiative mechanism acts as a check on the activities of the legislature. This is because legislators are more likely to introduce certain reforms and measures if the initiative mechanism exists, because it is likely that if they do not, an initiative on the issue will be launched. One example is that US researchers have shown that US states that use the initiative process are more likely than those that do not, to have introduced governance reform policies (e.g., term limits, campaign finance controls). Another indication of this is the number of initiatives that are introduced but subsequently withdrawn in Switzerland, because the introduction of the initiative has in itself forced the legislature to address the issue. It is therefore claimed that the initiative process makes legislatures more responsive.

Disadvantages

One often cited disadvantage of citizens’ initiatives is that they result in badly drafted law, since (except in the case of indirect initiatives) the wording of the measure as initially proposed ends up as statute if the measure is passed. It is argued that the failure to use the expertise provided by government lawyers and officials who are familiar with the drafting process leads to laws that can be meaningless or ineffective, or have to be re-drafted, because the individuals or lawyers who draft the measures are not experienced in legislative drafting. Additionally, in some cases, statute created by the initiative process is found to be unconstitutional.

A further disadvantage is the sheer number and complexity of issues that voters are expected to vote on. It is argued that it is impossible for voters to make informed decisions when there are a substantial number of initiatives on the ballot. A related argument is that citizens cannot be expected to make decisions on complex issues that they, unlike elected representatives, do not have the time to learn about. A frequent criticism of citizens’ initiatives is that they are only really accessible to well-resourced organisations and interests, and that the process is therefore hijacked by special interest groups promoting their own interests. Empirical evidence about the success of well-financed interest groups is mixed: some research has suggested that money does not in fact have a major effect on the outcome of citizens’ initiatives, whilst other studies have highlighted the role of money, in particular in defeating initiatives. However, there can be no doubting the importance of professional firms in the initial stage of the initiative process, in particular in terms of signature collection.

A common criticism of citizens’ initiatives (and other forms of direct democracy) is that they enable the "tyranny of the majority." This term refers to the electoral power of majority groups in society being used to restrict or hinder the rights of unpopular minority groups. Critics argue that without the moderating influence of the legislature, legislation may be passed which actively targets the rights of groups within society which are unpopular. However, research undertaken in the US has produced different conclusions about whether initiatives do actually restrict the rights of minorities or not.