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The ballot measure system and issue of the United States

  • Public Land Law Review
  • Abbr : KPLLR
  • 2016, 75(), pp.315-343
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

KIM MINBAE 1

1인하대학교

Accredited

ABSTRACT

The result has been provided like below. First, Ballot measures is as follows : The idea that changes to a state constitution must be approved by voters dates back to 1780 when Massachusetts adopted its new state constitution in a referendum. The first state to adopt the initiative was South Dakota in 1898. Today every state but Delaware has such a requirement. Since then, 23 other states have included the initiative process in their constitutions, the most recent being Mississippi in 1992. That makes a total of 24 states with an initiative process. Ballot measures get on the ballot through very different paths. Only about half of the American states allow their citizens to place a measure on the ballot through the collection of signatures. However, every state has some mechanism through which measures of some kind can make their way onto the ballot of that state. 49 states in U.S. have a law in place that allows citizens to vote on proposed constitutional amendments offered by the state legislature. The exception is Delaware, where the legislature alone acts on constitutional amendments. In 18 states, citizens can amend their state constitution through the process of collecting signatures on petitions. Second, Initiative process is as follows : Generally, the process includes these steps. ① preliminary filing of a proposed petition with a designated state official, ② review of the petition for conformance with statutory requirements ③ preparation of a ballot title and summary ④ circulation of the petition to obtain the required number of signatures of registered voters, usually a percentage of the votes cast for a statewide office in the preceding general election and ⑤ submission of the petitions to the state elections official, who must verify the number of signatures. Third, Overview of initiative use is as follows : Look at the overview of initiative use during the period 1904- 2002, total of 2,420 state-level initiatives have been on the ballot since the first ones went before the voters in Oregon in 1904, and 984 have been approved. Oregon continues to be the overall leader, with 363 initiatives. California is second with 352. Colorado 218 round out the top three. Fourth, Election Results is as follows : After a review of Election Results 2014, Voters looked favorably on ballot propositions on Election Day, approving 70% of the 146 measures they faced. Marijuana advocates scored important victories in Alaska, Oregon, and Washington D.C., and minimum wage advocates continued their unbroken run of successful measures in five more states. Voters decided 146 propositions in November, comprised of 100 legislative proposals, 35 initiatives, 4 referendums, 5 advisory measures, and 2 other measures. After a review of Election Results 2015, Voters registered their views on 28 state-level ballot propositions in nine states this year, approving 20 of them. And, In conclusion : Direct voter legislation has become an increasingly important part of American politics. Voters have faced referendums to cut taxes, restrict marijuana, limit government spending, stop the development of nuclear power, protect the victims of crime, and minimum wage. If present trends continue, the referendum will become a more important factor in American politics. Direct Legislation concludes with a consideration of the developing implications of direct legislation for legislatures, political parties, and other political institutions and processes.

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