As the first step, those who desire a new law make a draft of it in
writing. Then they write out a brief petition to accompany it and obtain
as many signatures as they can. The usual requirement is that a certain
percentage of the qualified voters must sign the petition before it will
be accepted by the authorities. These signatures are secured by holding
meetings, or by a house-to-house canvass, or by placing copies of the
petition in banks, stores, and other public places where voters can sign
them. When enough signatures have been obtained, the petition,
accompanied by the draft of the proposed law, is presented to the proper
official at the state Capitol or city hall and this official checks the
names with a copy of the voters’ list. [Sidenote: The scrutiny.] If he
finds that all the requirements have been fulfilled, he endorses on the
petition a statement to this effect and makes provision for placing the
question on the ballot at the next election or, in some cases, at a
special election held for the purpose. Meanwhile, the legislature or
city council may enact the measure, in which case the question need not
be placed on the ballot. [Sidenote: The voting.] To inform the voters
concerning the various initiative measures which are to be voted on,
some states have provided that a pamphlet shall be prepared and mailed
to every voter previous to the election. These pamphlets contain the
texts of the proposed laws and also, in some cases, a summary of the
arguments for and against each proposal. At the election the voters mark
their ballots with a cross opposite the words Yes or No and the proposed
law is adopted or rejected in accordance with the will of the majority.
In the case of the referendum a petition is also drawn up and a
designated number of signatures obtained. When enough signatures have
been secured, usually the same number as is required for the initiative,
the petition is presented, checked up, and certified in the same way.
The law in question, although duly enacted by the legislature, is then
withheld from going into effect until the voters ratify it at an
election.
In some states the initiative and referendum have been used quite
freely; in others hardly at all. In Oregon, during the decade 1906-1916,
no fewer than ninety-one measures were submitted to the voters at five
elections; in Massachusetts only four measures have been initiated by
petition in five years. Much greater use has been made of direct
legislation in the Far West than in the East.
[Sidenote: The arguments in favor.]
Public-domain text, read in full here on John Shaqi.
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