INITIATIVE AND REFERENDUM

POSITION IN BRIEF

The League of Women Voters of Pennsylvania supports action to adopt popular initiative and referendum in Pennsylvania, with initiative permitted for both statutes and constitutional amendments.


Some Definitions

Direct Initiative: The procedure by which a proposition goes directly to the public for consideration upon certification of a prescribed number of signatures on petitions.

Indirect Initiative: The circulation of petitions to require that a measure be presented to the elected legislature for consideration. If the legislature fails to act after a certain period, the measure goes to the voters as a ballot question.

Popular Referendum: A petition process for a ballot proposal to repeal a law passed by the legislature.

Ours is a representative democracy, meaning that voters elect representatives (legislators) who have the power to enact or repeal laws. The League of Women Voters is committed to this system, but also believes that citizens should have some means of taking direct action if their elected representatives fail to enact laws or constitutional amendments that voters support, or if they pass laws that are not wanted by the people.

At present, 23 states and the District of Columbia provide for some form of popular initiative, a process whereby citizens can place statutes and/or constitutional amendments on the ballot for voter approval or disapproval. Many of these also have a similar process for popular referendum; voter repeal of laws passed by the elected legislature.

Pennsylvania has no general constitutional or statutory provision for voter initiative and referendum at the state or local level. Constitutional amendments can only be placed on the ballot by the legislature, after passage of bills outlining the amendment in consecutive two-year sessions of the General Assembly. The legislature can also place certain spending measures on the ballot for voter approval or rejection. Other laws are not presented to the voters. Pennsylvania does allow use of voter initiated referenda at the local level in limited circumstances.*

Enactment of statewide Initiative and Referendum would require amending the State Constitution and therefore action by the legislature to place the subject on the ballot.

Recommendations
The League prefers the indirect initiative process, which gives the Elected legislature the opportunity to act on a citizen proposal. The process would include a time limit for legislative action and a requirement that the resulting law or amendment accurately reflect the intent of the initiators. Failure to meet these requirements would result in the measure going directly to the voters.

To avoid potential problems, the League recommends some conditions for Initiative and Referendum. These include:

• Limiting each proposal to one subject
• Limiting the number of proposals that could appear on one ballot
• Barring propositions that would abrogate rights guaranteed by the U.S. or Pennsylvania Constitutions
• Offering sponsors access to help in drafting petitions and mandating state-provided consultation on final wording, including review of constitutionality
• Providing state-funded voter education on ballot questions, including identity of supporters and opponents and fiscal and environmental impact statements when relevant
• Providing full and timely disclosure of amounts and sources of contributions and expenditures in ballot campaigns
• Setting limits on campaign spending and on out-of-state contributions to campaigns
• Setting geographical representation requirements for petition signatures
• Prohibiting mail circulation of petitions
• Mandating state verification of signatures
• Requiring that petition circulators identify themselves as volunteer or
  paid, and that they be registered Pennsylvania voters
• Requiring a waiting period before a failed proposition can be reintroduced
• Requiring a waiting period before a successful proposition can be challenged by a counter proposal or by legislative action
• Prohibiting executive veto of a popular initiative

The League believes that initiatives and referendums should be placed on the ballot in general and municipal elections only, and not permitted in primary elections, when voter turnout is traditionally low. Voter participation in the election should be a factor in the passage of both statutory and constitutional initiatives and also referendums. In the case of popular referendum, citizens should be permitted to apply for a petition to repeal during a specific period of no less than 30 days after a law has been passed by the legislature.

*For information on initiative and referendum at the local level in Pennsylvania: Referendum Handbook; 8th Edition, 1999,Governor’s Center for Local Government Services, Pennsylvania Department of Community and Economic Development, 400 North Street, Harrisburg, PA 17120-0225, (717) 787-8158. For free download go to Referendum Handbook; select Communities in PA, Select Local Government Services; Select Publications.

For general information on Initiative and Referendum: Initiative and Referendum Institute, PO Box 6306, Leesburg, VA 20178; (703) 723-9621; http://www.iandrinstitute.org.

Updated 2/09

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