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Myths and Realities of Florida's Ballot Initiative Process
The initiative process is by no means a substitute for representative democracy. However, the process does serve a legitimate democratic function by allowing citizens to take matters into their own hands if politicians refuse to deal with issues the way that most people want.
Why the Current Proposals to Restrict Ballot Initiatives are Dangerous
The proposals working their way through Florida's legislature to alter the initiative process may not end up satisfying anyone in the state, least of all the citizens. Before the legislature jumps to accept this proposal, let's make sure the solution fits the problem. While there are legitimate concerns about the process, it is disturbing to hear false claims being used to justify moving the signature deadline up and imposing supermajority requirements for passing measures. Vote Smart Florida has proposed reforms that in no way match or resolve the alleged problems with the process (primarily that it is out of control and special interests are dominating it).
While supermajority provisions may seem attractive, they set in motion new and often dangerous dynamics. Suddenly, a vocal minority has new powers, able to "veto" the clear will of a majority. Political consultants have a new strategy for "victory": if they can't persuade voters to say "no," they'll try to prevent them from voting. This kind of requirement tends to reward the politics of cynicism and apathy. Someone who chooses to vote should count more than those who are refusing to participate. Furthermore, ethically, if supermajority is referred to the ballot it too should be required to pass by a supermajority.
The other part of the package—moving the deadline up from August to January—would cut off legislative debate and prevent initiative advocates from finding out what happens in the legislature before they take action of their own.
We can't overlook the fact that a wide variety of groups—some with money and some without—get involved with ballot initiatives because they are shut out of the legislature (class size and monorail are perfect examples). Most ballot initiative sponsors try to move their issue through the legislature first—and when that doesn't work initiatives have become their only recourse.
False Arguments Being Made
#1. Florida's initiative process is out of control.
Florida's initiative process is not out of control
- Only 16 laws have been passed by citizen-driven initiative in the state of Florida vs. over 10,000 laws that have been passed through both chambers of the Florida legislature during the same time period. Why isn't what the legislature does or doesn't do of more interest to the Chamber? Clearly, they don't like the subject matter of the voter-approved ballot measures, even though they dwarf in comparison to the laws passed through the statehouse. Only 21 ballot initiatives have even qualified over the last seventeen years. Of the 50 measures currently pending for the 2004 ballot, fewer than seven are expected to actually qualify. The Chamber has been throwing around a figure of 90 amendments that have been submitted to voters, but it's important to note that only 21 of the 90 originated as citizen-petitioned initiatives.
- Florida already has checks and balances in place that serve as existing obstacles to get measures qualified. In comparison to the other 23 states that allow for ballot initiatives, it is enormously difficult to qualify a ballot initiative in Florida. The high number of signatures required, the Supreme Court review system and the geographic distribution requirements make getting a measure on the ballot in Florida exceedingly difficult. Of the 218 proposed amendments filed since 1976, 57 percent never made it to the voters because of the Supreme Court rulings or failure to collect enough signatures.
- Florida doesn't even rank in the top five states with the most ballot initiatives. There are 24 states that allow citizen petitioned initiatives - the most active states over time are California, Oregon, Arizona, Colorado and Washington. Florida isn't even in the top five.
- There is no upward trend. In fact, across the country the number of statewide initiatives has been dropping since their high water mark of 93 measures in 1996 (Florida had only four initiatives that year).
- Voters have control of the process. If voters don't like initiatives or feel there is not a need for them, they won't pass.
#2. Reform is needed to prevent the “Californication” of Florida.
Florida is no California.
- Florida is not in the same economic situation as California. Unlike California, Florida ended the 2003 budget with a $140 million surplus in FY 2003 and a surplus of $960 million for its “rainy day” fund. The FY 2003-2004 in Florida is expected to grow by 3 percent, or $633 million, for a total of nearly $22 billion. Florida's budget contrasts sharply to other states that have seen budget deficits of 20 percent or more.
- Florida is not likely to be in the same situation as California in the future. Florida's economy will generate $1.1 billion more next year than the legislature expected. California and many states saw an increase in their budgets due to the economic boom of the late 1990s. However, California's budget is more volatile because it relies more on personal income taxes, unlike Florida.
- It's a fallacy to believe that California's budget woes can be blamed on ballot initiatives. An independent University of Southern California study showed that no more than 32% of appropriations in the 2003-04 budget in California were locked in voter-approved ballot initiatives. Virtually all of earmarked spending was for education and would have been appropriated by the legislature even without an initiative mandate. Without the education mandate, voter-approved initiatives account for only 2% of spending.
#3. Reform is needed to take special interest money out of initiatives.
Money and politics are here to stay and it's ludicrous to believe the Chamber of Commerce is interested in taking money out of politics.
- You can't limit ballot initiative spending - it's free speech. There's very little that can be done to control the spending on initiatives. The U.S. Supreme Court on more than one occasion has made it clear that laws can not be put in place that in any way limits how much money is raised for initiative campaigns or how much can be spent on these campaigns.
- In fact, MORE money may move into politics with supermajority requirements. The reality is that increasing the requirements to utilize the initiative process will do nothing but increase the amount of money being spent in the initiative process. Those who have money, and who are blocked out of the legislature, will spend even more money to get 2/3 approval for ballot measures - it will be that much harder, and take that much more voter communication (TV, radio, and direct mail) to get measures to pass by that threshold.
- This argument is a red herring. Criticizing the funds that flow through the initiative process is a bit insincere from a group that spends thousands of dollars a year trying to get laws passed in Tallahassee, has 36 fulltime staff members working on this proposal, and will likely spend millions on a campaign if a measure is referred to voters.
- If the Chamber of Commerce is committed to taking special money out of ballot initiatives, then they should commit to NOT raising money for the initiative reform proposal. It is speculated that the Chamber is trying to raise $10 million for the campaign to reform ballot measures if the preferred package is referred to the ballot. This is wrong and disingenuous if their true intent is to limit “special interest” control of the process.
- The effect of money on ballot initiatives, although daunting, is overstated. Study after study proves, you can't simply buy laws at the ballot box. Heavy spending on the “no” side is the number one determinant for defeating ballot measures, but it doesn't work in the reverse. Most voters are inclined to keep the status quo; unless an issue is so salient it moves them to approve it because the legislature isn't taking action on what voters want.
- If there's fraud in paid signature gathering, then solutions can be created to address this. It is a felony to fraudulently gather signatures in Florida. Even though accusations have been made about massive fraud in signature gathering, the Chamber has put forward no proof whatsoever that signatures are being gathered illegally. This is a serious claim that deserves evidence of support. Paid signature gathering alone should not cheapen the process. Politics at all levels has become a professional business these days. It's very difficult to get the appropriate number of signatures in Florida, which is why most groups use some portion of paid measures to qualify for the ballot. If there is truly fraud, there are solutions other than increasing the passage rate for ballot measures or moving the deadline. For example, Oregon in 2002, after finding documented evidence of fraud, required that signatures-gatherers be paid by the hour rather than the signature, which decreases the incentive for fraud.
- If anything, ballot initiatives have helped keep big money out of politics. “Clean election” laws are only possible in this country due to ballot initiatives that required public financing for candidate races in Arizona, Maine and Massachusetts.
“Fake” Arguments
#1. Citizens don't realize what they're voting for.
Voters don't need to be protected from themselves.
- The idea that voters need to be protected from themselves because they don't really understand what they're voting for is an insulting, unsupported and dangerous assertion. Should we re-institute poll tests to ensure that voters are adequately informed about ballot measures? The initiative process is in place in order to give Florida voters a say in what happens with the laws that govern them. If citizens are capable of making informed choices about candidates, why do we expect that they are not equally capable of making rational choices about ballot initiatives?
- Typically, voters are hesitant to do anything to weaken their power. Once voters understand that this is a power grab from a minority of interests in the state to usurp their power, they will likely be vehemently opposed to any so-called reform.
- This is not a grassroots effort. The reality is that the outcry regarding initiatives isn't originating with voters. If voters in Florida are truly tired of the initiative process, they will stop signing petitions or vote measures down once they are qualified. It's obvious that backers of this so-called reform process are simply afraid of the power that citizens have to influence the lawmaking process.
- There's no basis for concluding that voters aren't making rational choices in Florida. Even if this was a provable problem, the Chamber's proposal does nothing to resolve this.
- If this is a problem, there are more viable solutions. If this was truly the basis for reforming the initiative process in Florida, why isn't the Chamber or the legislature proposing that voter guides be created with pro and con arguments, or that citizen forums be required for qualified measures, or legislative hearings be held on pending measures?
- Not only do citizens realize what they're voting for, often times they are motivated to vote just because of the presence of a ballot initiative. Voting on ballot initiatives has a positive effect on voter turnout and political efficacy. Drawing on state and national data, we find that citizens living in states with frequent exposure to ballot initiatives are more motivated to vote, more engaged and better informed about politics, and express more confidence in the responsiveness of government than citizens living in non-initiative states. These findings are not trivial. Turnout in initiative states, after controlling for a range of other influences, is nearly 5 percent higher in general elections and 10 percent higher in midterm elections than in states without initiatives.
#2. The integrity of Florida's constitution is paramount.
Proponents of revamping the initiative process aren't concerned about the integrity of the Florida Constitution, they simply don't like the subject matter of approved ballot measures, or the idea that there's a process they can't control
- Amending state constitutions is fairly common practice across the country. To hold state constitutions in the same light as the US Constitution is silly. The US Constitution is a brief and general document and has only been amended 27 times over a 200-year history. State constitutions, including Florida's, are typically long and detailed, frequently amended, and even rewritten almost in their entirety. For example, Alabama has submitted 913 amendments to voters, South Carolina 665, and Texas 564. In fact, states have tried to amend their constitutions 204 times on average since they were first formed - which puts Florida below the average of the rest of the country. Florida's constitution is considerably less long than other state constitutions, which proves this argument is another red herring.
- Create a statutory initiative process if this is really the problem. Many of the complaints that have been raised about the process center on the inappropriateness of adding certain issues to the state constitution. We share that view but at the same time understand why in many cases this has occurred. In most cases it has to do with the fact that initiative proponents did not have another option. Establishing the statutory initiative process will allow citizens to pass laws that do not belong in the state constitution that in turn would diminish the number of constitutional initiatives being placed on the ballot. This would not lead to a greater number of initiatives making the ballot because those individuals who wish to use the process will do so regardless of what process is available - but it will reduce the number of constitutional initiatives appearing on the ballot. This can be seen by looking at the states which allow both statutory and constitutional initiatives - when given the choice, citizens are likely to use the statutory process over the constitutional process.
- The legislature has referred more amendments to the constitution than citizens, yet nothing is being proposed to limit the legislature's ability to refer measures to the ballot. Florida lawmakers and revision commissions have placed 70 amendments on the ballot since 1978, compared to only 20 measures put forward by citizens. If amending the constitution were really a concern, the Chamber would be targeting the legislature and the Constitutional Revisions Commission.
#3. The process should be more open to grassroots groups.
The chamber can't be in support of grassroots groups and be against a measure like pregnant pigs at the same time.
“We delight in true grassroots initiatives.” - Mark Wilson, Chamber of Commerce and VoteSmart spokesperson (Orlando Sentinel March 5, 2004)
- We respect the right of groups to qualify such a ballot initiative and leave the decision up to voters about whether to support them. There may be things that the Chamber does that animal rights activists disagree with, but the initiative process shouldn't be restricted based on any individual or organization's distaste for some of the subject matters. If these issues are truly objectionable initiatives, opponents need to do a better job convincing voters not to support them.
- The reality is, that the pregnant pigs measure by definition, is one of the most grassroots campaigns Florida has encountered. The campaign recruited over 2,700 volunteers. Volunteers gathered over 500,000 signatures, which represents 25,000 volunteer hours. Over 6,000 individuals contributed financially to the campaign. The Florida's chapter of the Humane Society is one of the largest state chapters in the country - which demonstrates that this wasn't merely out-of-state interests moving into Florida to pass this measure, but that there was a legitimate base of support for sponsoring this initiative.
#4. Corporations won't want to invest in Florida because everything could change on Election Day.
This is a false argument and a scare tactic the Chamber is using to help fund their effort to “reform” the initiative process.
- We have more faith in the strength, integrity and entrepreneurial spirit of Florida's businesses than the Chamber.
- If this were really true, the volatility of legislative actions would already create this climate.
- No money has been spent on class-size or the monorail therefore no adverse economic effect can be claimed.
- If anything, initiatives have benefited Florida's business community. Throughout the country and in Florida, initiatives have lead to significantly lower spending and taxes compared to non-initiative states. Per capita spending in initiative states is $83 per capita lower than in typical non-initiative states. Moreover, initiatives have lead states to decentralize spending, enabling more decisions to be made closer to the homes of voters. If anything, the business community has been helped by recent ballot measure in the state. In 1994 and 1996 voters approved measures to limit taxes. The 1994 measure passed by only 58.1%. Had a super majority requirement been in place at the time, it would have been rejected.
The Bottom Line
The reality is that the only major reform that can be proposed that would address many of the concerns that have been raised is the establishment of a statutory initiative process. There are, as stated above, minor adjustments that could be made but many reforms that the state legislature is proposing would be subject to constitutional challenges, as well as stiff resistance from citizen groups and voters across the state. For more information, contact Rick Shepherd at (561) 756-5791.
(Information Source: Ballot Initiative Strategy Center Foundation.)
