Citizen lawmaking has long tradition

Proponents call it a birthright in direct democracy, an opportunity to voice unaddressed concerns or call lawmakers to account.

Opponents see it as vigilante democracy, sidestepping the legislative process often with knee-jerk reactions.

Last summer's failed recall effort brought both perspectives to mind. However you slice it, today voters in 37 states will decide 174 ballot measures (five statewide in Idaho, plus one more in Kootenai). That's the most since 2006, but well below the highs around 200 in the late 1990s. Compare that to nations such as Canada and Brazil, who rarely use such a direct process.

Either way it's a solid tradition. Like other aspects of democratic government, citizen lawmaking dates back to ancient Greece. In the U.S. the tradition dates back to the nation's infancy, beginning with Georgia in 1777, although New England towns in the 1600s also used a citizen-proposal process for local ordinances.

So before you say, "My vote doesn't matter," think again. The White House and Congress are up for grabs; a relative few close votes could swing party control. Few positions are as important to a community as sheriff; our choices this time vary significantly. And five items statewide, plus one more in Kootenai County, are ballot measures - examples of lawmaking directly by the people. Issues for you to consider include hunting and fishing and trapping, felony probation, education reforms, and a major change in our form of county government.

If you've been reading the Press articles, you've seen the plethora of terms: Ballot measures, referendum, proposition, resolution, and initiative. While the substance matters more, the terms can make even those with a law background feel dizzy. Even more confusing is that they vary some by state. We can start by describing them all as "ballot measures."

* Initiative: (E.g., county government form) While the word is sometimes used more loosely, an initiative is a citizen-driven, and generally citizen-drafted (although anyone can draft it) effort to put an item directly on the ballot. Requires a statutorily set number of signatures to get on the ballot. (Kootenai's is a direct initiative; indirect initiatives are also submitted to a state legislature, but can still make it to the ballot if they don't act.)

* Referendum: (E.g., education reform Propositions 1, 2, and 3) Originates with the legislature - a citizen vote to accept or reject a law, like a popular veto power. Referenda formats vary by state; some are petition-driven, others offered by the legislature ("optional referendum"); or in some states, for constitutional amendments.

* Joint resolution: (E.g., HJR2- hunt/fish; SJR102 - probation) In Idaho joint resolutions are used for constitutional amendments, are drafted in the senate (SJR) or house (HJR), and require a two-thirds majority vote of both before being sent to the ballot. They needn't be signed by the governor. (Also used to ratify amendments to the U.S. Constitution.)

Measures in other states' ballots today consider issues such as medical marijuana (suggested here too, but didn't make the deadline), as well as its recreational legalization; healthcare; marriage rights; immigration; and affirmative action, to name a few. The two states with the most citizen-driven measures historically are western: Oregon and California.

For more information about local candidates and ballot measures see the Press Voters Guide at CdaPress.com. For a list of ballot measures nationwide see VoteSmart.Org.

Sholeh Patrick, J.D. is a columnist for the Hagadone News Network. Contact her at [email protected].