Direct Democracy

In Colorado, state legislators are trying to head off a possible Humane Society ballot initiative that would require veal calves and pregnant pigs to be kept in housing that allows them to stand up and turn around.

Why the desperation to stop the Humane Society? Because when the society goes to the ballot, it usually wins.

No organization has a better record at the ballot than the Humane Society of the United States, the true champion of direct democracy. Between 1990 and 2006, HSUS won more than two-thirds of its ballot measure campaigns. (26 out of 38). In most of those efforts, the Humane Society has been on the "yes" side, and "yes" campaigns are far harder to win than "no" campaigns. (About two-thirds of ballot initiatives lose). At the ballot, the Humane Society successfully has sought to ban dove hunting, horse slaughter, cockfighting, and confinement of animals.

This morning' s Sacramento Bee has a story on all the foreign trips that California politicians took last year -- and the people who footed the bill. These trips are ostensibly about educating lawmakers on all sorts of issues, big and small But in years of talking to people who make these trips, I've never found anyone who has used their time abroad to study how other countries practice direct democracy.

They should. California has a budget and governmental crisis that, by broad consensus, stems from how the state uses initiatives and referenda to govern. Most of the countries on the destination lists of our state's political travels have some form direct democracy. It's a subject far more important to California than U.S.-German relations or the state of universities in Hong Kong -- both of them subjects of 2007 foreign trips.

Now comes news that a second initiative on development in Bayview-Hunters Point has qualified for the city of San Francisco’s June ballot. Check out this story in the Chronicle.

Why should people outside San Francisco care? Because in California and around the country, local ballot measures have become a common instrument of business-on-business warfare. Lennar Corp, a national development company based in Florida, first qualified an initiative that would put in place its Hunters Point development plan, which would include a combination of retail, industrial and residential development along with a new 49ers Stadium. In response, a San Francisco supervisor -- with backing from other developers -- has qualified this second initiative, which would impose a mandate that half of the new homes in the Hunters Point area be sold or rented at below-market rates.

Such battles have come to dominate municipal ballots in California. Look at ballots this June. Wal-Mart takes on local business in Long Beach. A hardware store owner is battling Home Depot in Thousand Oaks. In Anaheim a fight between a developer and Disney produced two ballot measures, though those were recently removed after the developer, facing legal problems and an onslaught from the Mouse, surrendered.

Think Florida has made a mess out of presidential politics in this era? The state’s record is even worse when it comes to direct democracy. Florida continues to take legislative and regulatory steps that undermine the public’s right to make and reverse laws.

In this excellent piece from the Daytona Beach paper, environmental activist John Hedrick explains how Florida has set the deadline for turning in initiative petitions and for certifying signatures for the EXACT SAME DAY. Since signatures don’t count themselves, this ensures administrative chaos -- and worse. To exploit the last minute crunch of signature gathering, some groups have taken to deluging the Secretary of State’s office with signatures at the deadline to make it more difficult to count the signatures on initiatives they don’t like.