Public Policy - Initiative & Referendum

Public Policy - Initiative & Referendum

INITIATIVE AND REFERENDUM
Position In Brief: 

The League of Women Voters of Rhode Island supports the representative government concept of our Untied States democracy. It also recognizes. as has the United States Supreme Court. the rights of the people to initiate their own laws and approve or reject measures passed by their legislatures.

The League believes in order to guarantee the people of Rhode Island a direct voice in their government, it is necessary to grant them the power to amend their constitution and initiate legislation they feel will be beneficial to their way of life. It is equally essential for the citizenry to have the power of referendum to approve or reject laws passed by their legislature. which are not in the best interest of the people. Therefore, the League supports direct/indirect initiative and referendum

The direct initiative is a process whereby after a specified number of signatures are gathered; a question posed by the people will be placed on the ballot for their approval or reflection. If there is not sufficient time allotted for public debate, discussion and understanding of the issue before an election, the league favors the indirect initiative method, which requires the question to be presented to the legislature for action. If the legislature falls to act within a set time. the question is then placed on the ballot.

The League supports referendum, a process that allows the people to accept or reject a statute passed by the legislature.

The league believes any measure dealing with an individual person, town, city, or corporation should be excluded from the initiative process. as should any question, which conflicts with the United States Constitution (such as: religion, religious practices, or religious institutions).

Further, any "emergency" measure for the immediate preservation of the people's peace, health, and safety passed by the legislature should take effect promptly and not delayed by the referendum process provided "emergency" labeling was acquired by a 2/3 vote of each legislative house.

Initiative legislation pertaining to a constitutional amendment should require the greatest number of signatures. Fewer signatures should be required for initiatives regulating statues. A referendum should require the least number of signatures because of the limited time available for this procedure. A 90-day period is usually allotted by the General Assembly for the gathering of signatures in states with referendum.

No geographic distribution of signatures should be required to place a question on the ballot.

No one collecting signatures for a petition should be paid per signature. The circulator of the petition should be a registered Rhode Island voter.

In order for the voter to understand the cost of the legislation involved, all measures requiring funding should have a fiscal note attached. Provide full and timely disclosure of amounts and sources of contributions and expenditures in ballot campaigns.

Only after a law has been in effect for at least two years may a legislature have the power to amend or repeal, by 2/3 vote of each house, an initiative referendum. Require a waiting period before a failed proposition can be reintroduced.

The governor shall not have the power to veto legislation passed by the initiative or referendum process.

The League shall support procedures, which make the initiative and referendum process efficient, and free from corruption and fraud.

Initiative and referendum questions should not be placed on the ballot during special elections, only on the ballot of a General election.

Position History: 

Newport Review recommendations adopted at State Council, April 25, 1998; 1978

League to which this content belongs: 
Rhode Island