A total of 24 states allow voters to change laws on their
own by collecting signatures and putting initiatives on the
ballot. It's healthy that the entrenched political class
should face some real legislative competition from
initiative-toting citizens. Unfortunately, some special
interests have declared war on the initiative process,
using tactics ranging from restrictive laws to outright
thuggery.
The initiative is a reform born out of the Progressive Era,
when there was general agreement that powerful interests had
too much influence over legislators. It was adopted by most
states in the Midwest and West, including Ohio and
California. It was largely rejected by Eastern states,
which were dominated by political machines, and in the
South, where Jim Crow legislators feared giving more power
to ordinary people.
But more power to ordinary people remains unpopular in some
quarters, and nothing illustrates the war on the initiative
more than the reaction to Ward Connerly's measures to
ban racial quotas and preferences. The former University of
California regent has convinced three liberal states --
California, Washington and Michigan -- to approve
race-neutral government policies in public hiring,
contracting and university admissions. He also prodded
Florida lawmakers into passing such a law. This year his
American Civil Rights Institute (ACRI) aimed to make the
ballot in five more states. But thanks to strong-arm
tactics, the initiative has only made the ballot in
Arizona, Colorado and Nebraska.
"The key to defeating the initiative is to keep it off
the ballot in the first place," says Donna Stern,
Midwest director for the Detroit-based By Any Means
Necessary (BAMN). "That's the only way we're
going to win." Her group's name certainly
describes the tactics that are being used to thwart Mr.
Connerly.
Aggressive legal challenges have bordered on the absurd,
going so far as to claim that a blank line on one petition
was a "duplicate" of another blank line on
another petition and thus evidence of fraud. In Missouri,
Secretary of State Robin Carnahan completely rewrote the
initiative's ballot summary to portray it in a negative
light. By the time courts ruled she had overstepped her
authority, there wasn't enough time to collect
sufficient signatures.
Those who did circulate petitions faced bizarre obstacles.
In Kansas City, a petitioner was arrested for collecting
signatures outside of a public library. Officials finally
allowed petitioners a table inside the library but forbade
them to talk. In Nebraska, a group in favor of racial
preferences ran a radio ad that warned that those who
signed the "deceptive" petition "could be at
risk for identity theft, robbery, and much worse."
Mr. Connerly says that it's ironic that those who claim
to believe in "people power" want to keep people
from voting on his proposal: "Their tactics challenge
the legitimacy of our system."
He's not alone. Liberal columnist Anne Denogean of the
Tucson Citizen opposes the Connerly initiative, but last
month she wrote that BAMN "is showing a disgusting
lack of respect for the democratic process and the right of
all Arizonans to participate in it." She detailed how
members of this organization harass petitioners and film
people who sign the petition, while telling them they are
backing a racist measure.
The police had to be called when BAMN blocked the entrance
of a Phoenix office where circulators had to deliver their
petitions. "BAMN's tactics," she concluded,
"resemble those used by anti-abortion activists to
prevent women from entering abortion clinics."
But BAMN proudly posts videos on its success in scaring
away voters, or convincing circulators to hand over their
petitions to its shock troops. "If you give me your
signatures, we'll leave you alone," says a BAMN
volunteer on one tape to someone who's earning money by
circulating several different petitions.
What about voters' rights to sign ACRI's petitions?
BAMN organizer Monica Smith equates race-neutral laws with
Jim-Crow segregation laws and slavery. She told Tuscon
columnist Denogean that voters are simply being educated
that ACRI is "trying to end affirmative action . . .
We let them know it's up on the KKK's Web
site." Mr. Connerly has repudiated any support from
racists.
Other opponents of Mr. Connerly deplore the blocking and
name-calling. Arizona State Rep. Kyrsten Sinema told me
that initiatives have been used to pass ideas such as
campaign finance and redistricting reform often opposed by
entrenched legislators. "People have a right to sign a
petition, hear the arguments and then vote," she says.
Ms. Sinema thinks Arizonans can be persuaded to vote down
ACRI's measure, much as they voted down a ban on gay
marriage in 2006.
The war against citizen initiatives has other fronts. This
year in Michigan, taxpayer groups tried to recall House
Speaker Andy Dillon after he pushed through a 12% increase
in the state income tax. But petitioners collecting the
necessary 8,724 signatures in his suburban Detroit district
were set upon. In Redford, police union members held a rally
backing Mr. Dillon and would alert blockers to the location
of recall petitioners. Outsiders would then surround
petitioners and potential signers, using threatening
language.
Mr. Dillon denied organizing such activity. Then it was
revealed two of the harassers were state employees working
directly for him. Another "voter educator" hired
by the state's Democratic Party had been convicted of
armed robbery. After 2,000 signatures were thrown out on
technical grounds, the recall effort fell 700 signatures
short.
Ever since voters in virtually every state with direct
democracy passed term limits in the 1990s, state
legislators have been hostile to the process. Now Montana,
South Dakota, Nebraska and Colorado have all passed
legislation to prohibit people from out-of-state from
circulating a petition, and also to ban payment to
circulators on a per-signature basis.
To his credit, Colorado's Democratic Gov. Bill Ritter
vetoed such curbs. In March, a Sixth Circuit federal
appeals court panel unanimously ruled that an Ohio law
barring per-signature payment violated the First Amendment.
Similarly, a Ninth Circuit panel just voted unanimously to
strike down Arizona's residency law for circulators.
Some judges think the "blocking" of signature
gatherers has gone too far. In 2006, Nevada Judge Sally
Loehrers decreed a "civility zone" that barred
opposing sides from coming within arms' length of each
other at petition signing sites. "The blockers were
off the streets within two days," says Paul Jacob, the
head of Citizens in Charge, which promotes the initiative
process.
Last year, Mr. Jacob was charged with conspiracy to defraud
the state of Oklahoma in a bizarre prosecution that claimed
he brought in out-of-state signature gatherers in violation
of the state's residency requirement. Yet local public
sector unions opposed to Mr. Jacob hired out-of-state
outfits such as the Voter Education Project, an AFL-CIO
offshoot that specializes in harassing signature drives.
Representative government will remain the enduring feature
of American democracy, but the initiative process is a
valuable safety valve. So long as elected officials
gerrymander their districts and otherwise make it nearly
impossible for voters to oust them, direct lawmaking will
be popular. That's why attempts to arbitrarily curb the
initiative, or to intimidate people from exercising their
right to participate, must be resisted. It's a civil
liberties issue that should unite people of good will on
both the right and left.
John Fund is an editorial writer for the Wall Street Journal and OpinionJournal.com