States are thwarting popular sentiment by making it harder to pass ballot initiatives.

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From the Desk of Trevor Potter
Dear John,

There are many undemocratic tactics used by those in control of the government to obtain the results they want.

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Our history is replete with examples: the earliest instances of partisan gerrymandering in the early 19^th century (continuing on computer-assisted steroids today in some states), the total repression of southern Black voters in the post-Reconstruction era and, more recently, attempts by legislators to make it harder for supporters of the opposing party to register and cast election ballots.

I would add recent moves to make state ballot initiative processes less democratic to the list of tactics employed by politicians -- and their backers -- seeking to maintain control over the political agenda. A growing number of states, as outlined in a recent CLC blog post, ([link removed]) are raising or attempting to raise the threshold for passing citizen ballot initiatives, usually from a simple majority to something much higher, or are seeking to make it harder to place measures on the ballot in the first place.

At the moment, Ohio appears to be ground zero in this ongoing contest between elected officials and the majority of voters in their state. The referendum and ballot initiative process has been part of the Ohio Constitution since 1912. Left intact since that time, the Republican majority in the state legislature has just now rushed through a proposal that would raise the threshold for amending the state constitution via ballot initiative from 50% to a 60% super majority. The practical impact of this change would be to give 41% of the voting population an effective veto over the wishes of the other 59%.

The legislature, in the face of vocal opposition at the state capital ([link removed]) , raced to advance the proposal to ensure it would be presented to voters during an August 8 special election. This move comes just half a year after lawmakers passed a bill putting severe restrictions on future August special elections, due to fiscal concerns and famously low turnout.

This hasty change of heart ([link removed]) can almost certainly be tied to the upcoming November election in Ohio, which will feature a ballot initiative that would enshrine reproductive rights ([link removed]) in a state where a six-week abortion ban has been passed and is now the subject of a court challenge. Reproductive rights advocates in Ohio began planning the push for this initiative shortly after the surprising failure of an attempt to severely limit abortion in Kansas last year.

The move to erect new barriers to citizen ballot initiatives in Ohio has reportedly also gained the support ([link removed]) of the restaurant lobby – concerned about an amendment to raise the state’s minimum wage – and the firearms lobby, which fears citizen-backed initiatives that would restrict gun sales.

Abortion, however, is not the first issue that has pitted Ohio lawmakers against popular opinion as expressed by voters.

Of great concern to CLC is the legislature’s refusal to honor the overwhelming voter approval ([link removed]) of a 2018 ballot measure that banned partisan gerrymandering and created a fairer redistricting process. Voting maps produced along partisan lines in the years that followed have repeatedly been struck down by the state Supreme Court for violating the Ohio Constitution as amended by the ballot measure. Yet the legislature openly refused to comply with the Supreme Court’s decisions, and Ohioans were therefore forced to vote under these rigged maps in 2022.

So, as of today, Ohio lawmakers are still refusing to implement a democratically approved law that aims to strengthen democracy in the state. On top of all this, it must be noted that Ohio recently enacted ([link removed]) a slew of restrictive voter laws, including stricter voter ID requirements, compressed early voting times and a lengthier process for requesting absentee ballots.

When the means of exerting popular opinion through the political process are systematically undermined, especially by gerrymandering, the ability of citizens to express their wishes through direct action must be protected.

Campaign Legal Center has championed and defended numerous ballot initiatives in the past, most recently including proposals that established independent redistricting in Michigan and greatly improved the transparency of Arizona’s campaign finance laws. We are working to ensure that citizen-led, pro-democracy initiatives remain a tool for achieving systemic reforms.
Sincerely,

Trevor Potter
President, Campaign Legal Center

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