Voters take control; the referendum wave

 

Gordon L. Weil

Democracy is breaking out all across the country.

Not representative democracy, the hallmark of the Republic, but the original version– direct democracy.  That’s when people themselves decide, legislating in place of their elected representatives.  In Maine and other New England states, many local governments use the Town Meeting, the people’s legislature.  That kind of popular control is becoming, well, more popular.

In Arizona a few years ago, voters grew unhappy with legislatively drawn election districts.  Through a referendum, they adopted an independent districting commission. The legislature sued the commission, claiming that it alone had power over districting.  The U.S. Supreme Court confirmed that the people are the ultimate legislature, and the commission went ahead.

Decision-making by the people had taken off early last century, and the people now adopt laws in 26 states.  The movement grew as populism placed greater trust in average voters than the U.S. Constitution’s drafters had thought wise.  A turning point came when the Constitution was amended to move U.S. Senate elections from state legislatures to the voters.

Early populism favoring government by the people grew under progressive Republican leadership in the Midwest.  That movement also promoted public control of electric power, which helps explain why Nebraska, a conservative state, is dominated by consumer-owned electric utilities and has no for-profit power companies.

In 1908, Maine became the first state east of the Mississippi to adopt popular legislative action.  Voters must approve amendments to the state constitution, as in 48 other states, but, unlike some other states, they cannot propose amendments.  They may also decide by referendum on proposed laws sent to them by state government. 

Maine also uses “initiative,” allowing voters to propose and vote on laws without state government involvement.  This includes the “People’s Veto,” allowing voters to overturn legislative acts.   However, the Legislature can amend initiatives adopted by voters.

Four of this year’s ballot items are initiatives, with three relating to Pine Tree Power, the proposed consumer-owned, non-profit utility.  It was petitioned onto the ballot after Gov. Janet Mills vetoed the referendum proposal of the Legislature. 

Question 3 asks if voters will approve Pine Tree Power replacing CMP and Versant Power as their wires company.

Question 1 asks if voters want to approve major loans by certain entities. It is meant to require a later vote on Pine Tree Power’s borrowing to acquire the utility property, giving the two ousted utilities a second chance to block the new company.

Question 2 asks if voters want to bar foreign government-backed entities from financing future Maine elections.  CMP is owned by a Spanish company and Versant is owned by a Canadian utility. Their role could arise in future votes on new power lines and the loan approval, if it is required.

Question 4, the fourth initiative, would require automobile manufacturers to standardize repair diagnostics.  They oppose it.  Its proponents claim such a law would help independent shops to service new vehicles.

There are four referendums to amend the state constitution.

Question 5 would extend the period for judicial review of written petitions by an estimated 40 days.

Question 6 would require the full text of the state constitution to be printed, not now the case.  Omitted are the state’s treaty obligations to American Indians, inherited from Massachusetts upon Maine becoming a state.

Question 7 would remove the requirement that people circulating election petitions must be Maine voters, bringing Maine into compliance with federal court rulings.

Question 8 would eliminate the current ban on voting by people under guardianship for reasons of mental illness.

If political divisiveness continues to plague the federal government, more key decision-making could be left to the states.  With many Republican red states and Democratic blue states, political divisions could align with state boundaries.

The influence of money in politics does not disappear when referendums are used. As Mainers are experiencing in the campaign about Pine Tree Power, the two investor-owned utilities are far outspending a volunteer band of citizens in an effort to defeat the proposed non-profit utility.

In referendums, unlimited spending can reveal the power of vested economic interests.  That’s less true for abortion, a social issue where politics not profit may dominate.

Last year, the Supreme Court reversed itself on the federal right to abortion, and said the issue was up to the states.  Rather than let either ancient laws or conservative legislatures decide, people resorted to referendums.  In five of six states that voted, popular votes have protected the abortion right.  More such votes are slated.

If political power shifts somewhat to the states, direct democracy there may grow, especially when statewide popular votes could overrule artificial legislative majorities made possible by partisan gerrymandering.   The abortion votes may also encourage the increased use of referendums on other issues in many states.

We could be turning a constitutional corner.