Part of the Politics series |
Direct democracy |
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Massachusetts has several forms of direct democracy, allowing for initiative and referendums at the state level and in many municipalities. The recall of public officials is also provided for in many municipalities.
The progressive movement started discussions about adopting direct democracy across the United States, and Massachusetts developed a local branch. The state branch of the Populist Party adopted the statewide initiative and referendum in its 1895 platform. State representative Henry Stirling proposed some of the first legislation for direct democracy in 1900. It was eventually enacted in 1917 at the state constitutional convention. [1]
The state allows an indirect form of initiative for laws and constitutional amendments, and the state is considered one of the most restrictive of the states that allow initiatives.
Initiatives must be confined to one subject and cannot relate to judges and courts, relate only to specific municipalities of the state, relate to religion, make specific appropriations of money, or restrict the Declaration of Rights in the state constitution. [2] The Office of the Attorney General of Massachusetts may do an informal review to ensure it passes these requirements.
Massachusetts has a unique form of direct democracy in the free petition. This allows any person or group to file a bill in the state legislature, which are treated equally as a bill filed by a representative. [3] [4] The petition must be considered by the legislature and are submitted to a committee for public discussion, and may be voted on and enacted like any other piece of legislation. [5]
In practice, this form of direct democracy is rarely successful in enacted new laws. In the 2015-2016 session there were at least 177 bills filed by private individuals in the state, with only four leaving committee for a floor vote and none being enacted. [6]
Massachusetts is the only state in the country to allow citizens to file bills directly into the legislature.
The General Court may put a non binding public policy question on the ballot, and constituents may also hold a nonbinding vote to instruct a representative in the legislature how they should vote on laws. The General Court may also put amendments to the US constitution on the ballot, but they are only advisory
Summary of Referendums 1631-1779 | |
---|---|
Accepted | 11 |
Rejected | 3 |
Unknown | 1 |
Total | 15 |
Year | Result | Description |
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1639 | Accepted | Approval of the Body of Liberties |
1643 | Accepted | Approval of the Articles of the New England Confederation |
1644 | Rejected | Election of deputies by countries instead of towns |
1644 | Unknown | Providing compensation for magistrates and deputies |
1647 | Rejected | Reducing the number of deputies to one from each town. |
1689 | Accepted | Resumption of the Charter revoked in 1684 |
1689 | Accepted | Further consideration of the above question |
1765 | Accepted | Compensation for damages done by the mob in Boston |
1776 | Accepted | Approval of the Declaration of Independence |
1776 | Accepted | Permitting Council and the House of Representatives to frame a constitution. |
1777 | Accepted | Instructing Representative to act with Council in framing a constitution |
1778 | Rejected | Approval of the Articles of Confederation of the United States |
1778 | Rejected | Ratification of the Constitution of 1778 |
1779 | Accepted | To determine whether the people desire a new constitution |
1779 | Accepted | Shall the representatives call a new constitutional convention? |
Source [7] |
A referendum is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a new policy or specific law, or the referendum may be only advisory. In some countries, it is synonymous with and also known as plebiscite, votation,popular consultation, ballot question, ballot measure, or proposition.
Direct democracy or pure democracy is a form of democracy in which the electorate decides on policy initiatives without elected representatives as proxies. This differs from the majority of currently established democracies, which are representative democracies. The theory and practice of direct democracy and participation as its common characteristic was the core of work of many theorists, philosophers, politicians, and social critics, among whom the most important are Jean Jacques Rousseau, John Stuart Mill, and G.D.H. Cole.
A popular initiative is a form of direct democracy by which a petition meeting certain hurdles can force a legal procedure on a proposition. The hurdles the petition has to meet vary between countries, typically signatures by a certain number of registered voters.
In California, a ballot proposition is a referendum or an initiative measure that is submitted to the electorate for a direct decision or direct vote. If passed, it can alter one or more of the articles of the Constitution of California, one or more of the 29 California Codes, or another law in the California Statutes by clarifying current or adding statute(s) or removing current statute(s).
In the politics of the United States, the process of initiatives and referendums allow citizens of many U.S. states to place legislation on the ballot for a referendum or popular vote, either enacting new legislation, or voting down existing legislation. Citizens, or an organization, might start an initiative to gather a predetermined number of signatures to qualify the measure for the ballot. The measure is placed on the ballot for the referendum, or actual vote.
The Oregon Direct Legislation League was an organization of political activists founded by William S. U'Ren in the U.S. state of Oregon in 1898. U'Ren had been politically activated by reading the influential 1893 book Direct Legislation Through the Initiative and Referendum, and the group's founding followed in the wake of the 1896 founding of the National Direct Legislation League, which itself had its roots in the Direct Legislation League of New Jersey and its short-lived predecessor, the People's Power League.
Proposition 2½ is a Massachusetts statute that limits property tax assessments and, secondarily, automobile excise tax levies by Massachusetts municipalities. The name of the initiative refers to the 2.5% ceiling on total property taxes annually as well as the 2.5% limit on property tax increases. It was passed by ballot measure, specifically called an initiative petition within Massachusetts state law for any form of referendum voting, in 1980 and went into effect in 1982. The effort to enact the proposition was led by the anti-tax group Citizens for Limited Taxation. It is similar to other "tax revolt" measures passed around the same time in other parts of the United States. This particular proposition followed the movements of states such as California.
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A ballot proposition in the state of Arizona refers to any legislation brought before the voters of the state for approval.
A popular referendum, depending on jurisdiction also known as a citizens' veto, people's veto, veto referendum, citizen referendum, abrogative referendum, rejective referendum, suspensive referendum, and statute referendum, is a type of a referendum that provides a means by which a petition signed by a certain minimum number of registered voters can force a public vote (plebiscite) on an existing statute, constitutional amendment, charter amendment, or ordinance; in its minimal form, it simply obliges the executive or legislative bodies to consider the subject by submitting it to the order of the day. It is a form of direct democracy.
Elections in Oregon are all held using a Vote by Mail (VBM) system. This means that all registered voters receive their ballots via postal delivery and can vote from their homes. A state Voters’ Pamphlet is mailed to every household in Oregon about three weeks before each statewide election. It includes information about each measure and candidate in the upcoming election.
A legislative referral is a referendum in which a legislature puts proposed legislation up for popular vote. This may either be voluntarily or, as is the case in many countries for a constitutional amendment, as a mandatory part of the procedure for passing a law. These referrals, depending on the location, can either amend a constitution or enact a change in statute. It is a form of direct democracy. In some places it is known as an authorities referendum,authorities plebiscite, government initiated referendum, or top-down referendum It may originate from the legislative branch, executive branch, or a combination of the two.
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Proposition 7 of 1911 was an amendment of the Constitution of California that introduced, for the first time, the initiative and the optional referendum. Prior to 1911 the only form of direct democracy in California was the compulsory referendum.
The U.S. state of Oregon is one of the many states in the United States that has direct democracy in the form of initiatives and referendums. Oregon residents introduced this system in 1902 with a ballot measure. Nationwide, referendums and initiatives became known as the "Oregon System" of direct government.
Direct democracy refers to decision making or direct vote a proposal, law, or political issue by the electorate, rather than being voted on by representatives in a state or local legislature or council.
The Massachusetts "Right to Repair" Initiative (2012), also known as Question 1, appeared on the Massachusetts 2012 general election ballot as an initiated state statute. The Right to Repair proposal was to require vehicle owners and independent repair facilities in Massachusetts to have access to the same vehicle diagnostic and repair information made available to the manufacturers' Massachusetts dealers and authorized repair facilities. The initiative passed with overwhelming voter support on November 6, 2012, with 86% for and 14% against. The measure, originally filed four times with the Massachusetts Attorney General, was filed by Arthur W. Kinsman, and was assigned initiative numbers 11–17.
The Massachusetts Medical Marijuana Initiative, appeared as the third question on the state's 2012 ballot as an indirect initiated state statute. The measure allows cannabis to be used for medical purposes in the state. The initiative—backed by the American Civil Liberties Union, the Massachusetts Patient Advocacy Alliance, and the Committee for Compassionate Medicine—was filed with proponents turning in the required signatures to the Massachusetts Attorney General's office by the August 3, 2011 deadline. Those signatures were needed for the required ten qualified voters who submitted the original petition to put forward the full text of the law they want enacted. The initiative passed with support from 63% of state voters.
An Act to Prevent Cruelty to Farm Animals, more commonly known as Question 3, was the third initiative on the 2016 Massachusetts ballot. The measure requires Massachusetts farmers to give chickens, pigs, and calves enough room to turn around, stand up, lie down, and fully extend their limbs. It also prohibits the sale of eggs or meat from animals raised in conditions that did not meet these standards.
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