DEMOCRACY BY
PETITION: 36 STUDY GUIDE .5
Proposition
36 was passed by a 2/1 yes/no vote, which is a landslide vote. This initiative,
which started as a petition by
ordinary citizens, will become
law on January 1, 2001.
A. DEMOCRACY BY PETITION: THE INITIATIVE
The
initiative process is an example of democracy by petition,
which is a form of democracy in which
registered voters get together to make policy decisions. Democracy by petition is a form of direct democracy supplements representative democracy, the form of
democracy in which people eligible to
participate elect lawmakers to make policy
decisions. California is one of 21
states that use direct democracy to make laws. Any citizen is permitted
to write laws or even state constitutional amendments and, if supported by the petition of enough other citizens
(about 5%, in California 265, 000 valid signatures are needed), the initiative will appear on the ballot in
the next general election. If the
initiative receives a simple majority,
50 percent plus one, of the popular vote, it becomes law.
Initiatives are for local and state levels only, not the federal or national level of government.
Questions:
A1. The initiative is an example of which
type of democracy?
A2. What is the purpose of the initiative
process?
A3. What is the difference between direct and
representational democracy?
A4. Do all states use the initiative process?
A5. Can a federal law be made through an
initiative?
A6. What level(s) of government can the voter
effect by using the initiative process?
A7. How does an initiative get on the ballot?
A8. What is a simple majority?
A9. Does an initiative need the governors
signature to become law?
B.
DEMOCRACY BY PETITION: THE REFERENDUM
Another
form of democracy by petition is the referendum;
this is similar to the initiative process, but there is one major difference.
Where initiatives create new legislation, the referendum is a petition by registered
voters, (the people, not elected official), to have legislative action put on the next ballot for a vote by the people.
California is one of only 15 states that use the referendum procedure. In this
way, ordinary citizens can prevent new
legislation from becoming law, or enforcement
of existing laws. The referendum is for local
and state levels of government only,
not the federal or national level of government.
Questions:
B1. What is the fundamental difference
between the initiative and referendum?
B2. What levels of government use the
referendum process?
B3. How many states are able to have the
voters block legislation directly?
B4. If a referendum is successful in passing,
can the existing law still be enforced?
B5. How does a referendum get on the ballot?
B6. Does a referendum create new legislation?
C.
DEMOCRACY BY PETITION: THE RECALL
The
third form of democracy by petition is the recall
procedure. The people can petition to have an elected official removed from office. If enough voters
sign the recall petition, a special
election is called, then the voters decide by simple majority, whether or not the official targeted in the recall
election will remain in office. In a recall election, a yes vote is a vote for removal
of the targeted official, and a no vote is for the targeted official to remain
in office. Like the initiative and
the referendum, any state or local official, including judges
that are subject to the elective process, can be subject to recall. California is also one of only 15 states that use the recall
procedure. The initiative, referendum,
and recall measures are on the
ballot after the candidates, and are
labeled individually. In this way, the voter knows exactly what his or her vote
is for, and why. These three forms
of direct democracy are for local and state levels only, not the federal
or national level of government.
Questions:
C1. How many forms of democracy by petition
do we currently have?
C2. At which levels of government is the
recall procedure used today?
C3. Which lawmakers are subject to the recall
procedure?
C4. Can any judge be recalled?
C5. When are voters able to vote on recall
measures?
C6. Do all states use the recall process?
C7. What type of election is held for the
possible recall of an elected official?
C8 Does an elected official have to be
convicted of a crime to be recalled?
C9. What does a yes vote mean in a recall
election?