Direct and Extreme Democracy In Civil Society

The powers of the government of this state are divided into three distinct departments, the legislative, executive and judicial, and no person or collection of persons being one of these departments, shall exercise any power properly belonging to either of the others, except as hereinafter expressly directed or permitted.
----------------------------------
Update -- Tue 26 Sep 2006, at 4:45am.
In June, the Colorado Supreme Court removed an initiative intended to deny government services to illegal immigrants on the grounds that it violated the rule that a measure concern only a single subject. In March, the Florida Supreme Court took a redistricting off the ballot also on single subject grounds. “State courts are aggressively wielding the single-subject requirement to deny voters the ability to vote on important policy issues. The Colorado decision is particularly problematic because the Court reasoned that multiple purposes behind the measure meant that it encompasses multiple subjects,” said IRI director and University of Southern California professor Elizabeth Garrett. In South Dakota, Secretary of State Chris Nelson (R) refused to place two initiatives on the ballot even though petitioners submitted the required signatures. Both initiatives would have repealed existing laws, one authorizing the state’s video lottery and the other a tax on cell phones. The measures were disqualified on the grounds that only a referendum could be used to repeal an existing law — initiatives can only be used to propose new laws. Interestingly, when the legislature originally passed the laws being challenged, a clause was attached to each declaring that they were “necessary for the support of state government,” making them not subject to a referendum. In Missouri, Secretary of State Robin Carnahan (D) refused to count the petitions for TABOR and eminent domain initiatives after questions arose about the petition process. The TABOR petitions were not counted because the pages were not numbered sequentially by county. The eminent domain petitions were not counted because the ballot title on the petition pages was “insufficient.” This was a Catch-22 for the petitioners since they used the ballot title that had been approved by the Secretary of State, but was declared insufficient by a circuit court after the petitions had already been circulating.
-------------------------------
(Last modified, Sat 30 Sep 2006, at 7:35am CDT.)
© by Stephen Neitzke, 2006