History of Direct Democracy in The United States - Criticisms

Criticisms

Over 60% of initiative activity has occurred in Arizona, California, Colorado, North Dakota, Oregon, and Washington. These states generally have lesser signature requirements than other states.

In many states, signature gathering has become a niche industry in the role of politics. Proponents of initiatives, referendums, or recalls now pay individuals to collect signatures. This is required because of the sheer number of signatures required in order to qualify a measure on the ballot. The signature gatherers are usually paid by the signature and often independent contractors, which makes them not subject to minimum wage laws. To combat the growing presence of signature gatherers, some states have passed bans on paying signature gatherers by the signature, and Oregon most notably declared signature gatherers employees and enforced labor laws on the petition proponents.

Direct democracy can sometimes be used to subvert the normal checks and balances of a government. For instance, a governor of a state may threaten to use an initiative to "go over the heads" of an uncooperative legislature. Similarly, a state legislator can collect signatures and place on the ballot a measure that overrules a governor's veto. Because it usually takes a two-thirds majority to overrule a governor's veto, but only a simple majority to pass an initiative, this tactic can sometimes be successful.

More recently, corporations have used the initiative and referendum to force citizen votes on decisions they do not agree with. General Growth Properties collected signatures for a referendum in Glendale, California to stop development of a competing mall next door, developed by competitor Caruso Affiliated, in addition to standard political techniques such as lobbying and filing lawsuits challenging the project's environmental impact report. Ultimately, GGP was unsuccessful at making their case to the voters, and the competing mall was built. Wal-Mart has also used initiatives to bypass planning commissions and city councils to build Wal-Mart Supercenters. Recently, in Inglewood, California, they qualified a ballot measure that described in detail the plans for a Supercenter to be built in the community. Critics decried "ballot box planning" and the inflexibility of the initiative process, which forbid local government from making any changes to the plans once they were approved by the voters. Ultimately, the initiative was defeated.

Citizen-written initiatives, like legislative laws, are occasionally subject to unintended consequences. For example, California's "Three Strikes" proposition intended for violent felons, has sent a number of persons to prison for life for included offenses as small as stealing pizza. However, proponents of Three Strikes argued that such consequences were akin to a "lifetime achievement award", since a potential third striker would have to have committed two violent and serious felonies beforehand. There have been attempts to change the law, most recently Proposition 66, which failed to pass after several loopholes were exploited by opponents of Three Strikes restructuring.