The so-called “initiative petition” process that allows voters to put issues, laws, or Constitutional amendments up for public vote is allowed in roughly 20 states. Democrats have long used this process in Ohio, Missouri, and many other states to advance abortion, gambling, and marijuana legalization. The reality is that these measures often enable dark money-funded groups to bypass state legislatures entirely. This is particularly improper in the case of Missouri’s new redistricted congressional map, which is exclusively for state legislatures to decide.
Last month, a Trump-appointed federal judge dismissed as premature a lawsuit by Missouri Republicans to preserve the authority of legislative redistricting from being overturned by a ballot measure. U.S. District Judge Zachary M. Bluestone punted the issue to the Missouri Secretary of State, saying that he “has a tool at his disposal that almost no other litigant could boast — the power to declare the petition unconstitutional himself.”
Whether on redistricting, abortion, or sports gambling, the problem with these state initiative petition processes is that it is far too easy to pass the hurdles in Amending a state’s constitution. Florida fortunately requires a 60% threshold for passage, however Missouri and other states require only a simple majority. In Ohio, a ballot initiative attempted to establish a more Democrat-favorable process for redistricting, but thankfully it was defeated last November as Trump won that state by a landslide. The Department of Justice has even sued California over its ballot initiative that would add even more Democrat-majority congressional seats.
It is long overdue for courts to invalidate wide-ranging ballot initiatives that encroach on the legislative function. It’s also long overdue for states to set up proper safeguards for their state codes and constitutions against the mob rule of simple majority. From redistricting to pot legalization to terrible pro-abortion amendments and legalized sports betting, the state petition process has long been used to let foreign big money to shove their own interests into our states. We need better safeguards for our constitutions and the authority of the elected legislatures of our states. Perhaps as states slog through the drama of redistricting efforts, the calls for more robust petition processes will get the attention they have long deserved.
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