Originally intended to be an occasional check-and-balance against corporate influence over a legislature, ballot measures have become a loophole allowing monied interests to capture legislative control of a state. This is the tail wagging the dog. Phyllis Schlafly always opposed ballot initiatives as a way to enact legislation. Along with her successful opposition to the Equal Rights Amendment in state legislatures, she also defeated the ERA when it was offered as a ballot measure in seven states.
Perhaps the scariest aspect of ballot measures is that the corporate influence trying to ram through a ballot initiative favorable to their interests need not be native to the state where the initiative is being voted on. A wealthy corporate interest based out of liberal California can very easily funnel millions into a ballot initiative in deep red midwestern states, including sending hired workers from out of state to collect signatures and campaign. All of this leaves native grassroots activists at a severe disadvantage. The idea that ballot initiatives represent the will of the grassroots is a complete fabrication.
The Ohio legislature seeks to raise the threshold for passage of ballot initiatives for its constitutional amendments from a simple majority to 60%, but that may not be high enough or the optimal remedy. In our republican style of government, corporate mega-spending should not be allowed to try to enact new laws by popular vote at all.
State legislatures should narrow the scope of issues to be placed on a ballot, as many state constitutions already have a single-issue limitation. They could also seek to limit the scope of future ballot initiatives to tax- or government school-related issues. Sen. Josh Hawley (R-MO) is a rising star who should be easily reelected next year unless liberal businesses are allowed to spend millions on the side running against him. The abortion industry may be planning to put its issue on the same ballot, and then dump ungodly sums in an effort to repeat in Missouri the distortion seen in Michigan. The best way to ensure that the people’s voice is truly heard is to get rid of ballot initiatives once and for all.
