The views expressed by contributors are their own and not the view of The Hill

America needs direct democracy more than ever — protect the ballot now

by Chris Melody Fields Figuerdo and Emma Olson Sharkey, opinion contributors - 07/27/24 9:00 AM ET

FILE - A bin of "I Voted Today" stickers rests on a table at a polling place, Sept. 13, 2022, in Stratham, N.H. A New Hampshire man who posted a fake Craigslist ad for a free trailer with a legislative candidate’s number on the day of the election has lost his right to vote in the state. Michael Drouin, 30, pleaded guilty Monday, April 24, 2023, to creating a false document after a flood of unwanted calls and texts jammed up the candidate's cell phone. (AP Photo/Charles Krupa, File) — FILE – A bin of “I Voted Today” stickers rests on a table at a polling place, Sept. 13, 2022, in Stratham, N.H. A New Hampshire man who posted a fake Craigslist ad for a free trailer with a legislative candidate’s number on the day of the election has lost his right to vote in the state. Michael Drouin, 30, pleaded guilty Monday, April 24, 2023, to creating a false document after a flood of unwanted calls and texts jammed up the candidate’s cell phone. (AP Photo/Charles Krupa, File)

Progressive issues are winning at the ballot level in states controlled by conservatives. And it’s been happening steadily since 2016.

In response, conservative legislators have significantly intensified their opposition to ballot measures nationwide as we the people have successfully raised the minimum wage, expanded Medicaid, created fair redistricting maps and protected reproductive freedom. The battle for the future of direct democracy has come to the state capitol dome, where legislators have introduced bills that aim to complicate the process of passing ballot measures. These are deliberate, calculated, and organized tactics employed by conservative legislators to undermine the ballot measure process and thwart the will of the people.

Since 2016, when progressive ballot initiatives really started winning at the ballot box, legislators across the country have proposed over 375 bills, ranging from burdensome signature-gathering restrictions to heightened ballot measure passage thresholds. And these attacks on direct democracy are continuing to grow at an alarming rate: Missouri legislators, for instance, have put forth more than 70 bills since 2010.

Now, after two years of voters successfully defeating abortion bans and protecting reproductive rights at the ballot, we are not only witnessing an escalation in conservative attacks on the ballot measure process but also their successful implementation. Conservative legislators with their own agendas have managed to pass bills that have significantly complicated the ballot measure process, with profound implications on whether people living in those states will have power to utilize direct democracy — and raising serious concerns about the future of progressive causes.

In March 2024, the South Dakota legislature passed, and the governor signed, an expansive petition signature removal process, allowing petition signers to remove their name from the petition. This law was passed in response to the abortion rights ballot measure that was circulating at the time and was likely related to efforts underway by anti-choice extremists to mount “decline to sign” campaigns.

In the same month the Idaho legislature also passed, and the governor signed, SB 1377, which targets paid petition circulators by requiring that they verbally disclose to signers that they are paid; that they wear a badge indicating “paid petition circulator”; and requiring unpaid circulators to complete an affidavit attesting that they are not being compensated. Moreover, failing to comply with these regulations could lead to harsh consequences, including the voiding of the petition.

And, during the last days of the Oklahoma legislature, the House and Senate passed House Bill 1105, which the governor signed, to extend the legal challenge period from 10 business days to 90 days, further burdening citizen initiative efforts with uncertainty and delays. Passage of this legislation occurs as a minimum wage citizen-led initiative hangs on the horizon in Oklahoma.

Despite these efforts to erode direct democracy, voters continue to see the tremendous value that initiatives can have on their lives. Regardless of party affiliation, voters overwhelmingly oppose their state legislatures limiting or tampering with the citizen-initiated process.

In a recent survey by the Ballot Initiative Strategy Center, results show bipartisan support for the ballot initiative process: 92 percent of voters surveyed agree that the ballot initiative process is an important way for citizens to pass policies they care about. Voters are also opposed to ballot initiative process tampering: 82 percent of Democrats, 76 percent of independents and 61 percent of Republicans oppose attempts to change the citizen-led policymaking process in their state.

At a time when only 4 percent of U.S. adults say the political system is working extremely or very well, ballot initiatives allow people to take back their power and create the type of future they seek. As attacks on democracy keep growing, the ballot initiative remains one of the key tools for enacting policies that improve our lives. The time is now to shine a light and take action to protect and defend direct democracy. The time is now to ensure the will of the people prevails.

Chris Melody Fields Figueredo is the executive director of the Ballot Initiative Strategy Center.

Emma Olson Sharkey serves as counsel at Elias Law Group.