By
Mike Noon
November 3, 2009
The ballot initiative has long been one of the key instruments by which residents of Washington state can write laws directly. Intended to allow residents to bypass a legislature corrupted by money and influence, the process is increasingly being used by the very special interests that the ballot initiative was supposed to prevent. Without significant reform, legislating by petition will lead to numerous problems resulting in a dysfunctional government.
Washington state’s ballot initiative process has some serious flaws. The Ballot Initiative Strategy Center, a Washington-based advocacy group for ballot initiatives, recently released a report grading the initiative process of 24 states that have one. Washington state received an “F.” They identified problems, such as weak oversight and enforcement of petition gatherers as reasons for the low score.
California, another state that received an “F,” has long been known as initiative-friendly territory. However, due to the recent proliferation of propositions and government dysfunction, the Golden State has been looking into reforming its ballot initiative laws. The Center for Governmental Studies (CGS) in Los Angeles has examined California’s initiative process and identified some serious problems that have relevance to Washington state.
For example, CGS found that initiatives were sometimes poorly worded or too complex for voters to understand. In 2008, renewable energy supporters put before voters Proposition 7, which was intended to spur the growth of clean energy through stricter state renewable portfolio standards and other incentives. However, it was opposed by numerous environmental and clean energy groups, such as the Sierra Club and California Green Party, because its confusing and dubious language would have been a setback to the adoption of renewable energy.
Washington is not immune to this problem. In 2000, voters passed I-722, which reversed previous tax and fee increases and limited property tax increases to 2 percent annually. However, it was found unconstitutional because it combined two unrelated topics in the same initiative.
Money is also corrupting the initiative process. Special interests have found ways to circumvent the intent of the signature-gathering process, which is to ensure that only initiatives with broad public support are voted on. Rules such as allowing petitioners to be paid on a per-signature basis have led to initiatives buying their way onto the ballot. This is how initiatives such as I-892, which would have authorized non-tribal gambling, were put before voters.
The greatest benefit of the ballot initiative — its ability to circumvent the normal legislative process — has become one of its greatest flaws. In 2000, Washington voters approved I-728 and I-732, increasing funding for schools and teachers in addition to passing I-722’s tax cuts. Wanting better schools and fewer taxes may be a popular position, but that does not make it financially possible. Trying to budget outside of the normal legislative process can lead to contradictory laws which would quickly break the state’s finances.
The ballot initiative is a vital check on the power of the state Legislature. However, if left unreformed, it can be corrupted by the same special interests the ballot initiative was intended to stop. Washington needs to reform its ballot initiative process before serious damage can be done.
Reach columnist Mike Noon at opinion@dailyuw.com.
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