This is a long article on the plenitude of ballot measures Colorado voters will be facing at the polls this November — a record-breaking 15, which is even more noteworthy for this being a mid-term year.

Once the ballot is set, I’ll probably comment on the proposals being made, but I want to natter about the whole ballot measure process in general, and some weird (and aggravating) trends in it.
The idea of voters being able to directly put (by petition) changes to state law or to the state constitution is from the Progressive era, around the turn of the 20th Century. It was an attempt to break the power of state legislatures — or, rather, the power of monied interests which could easily dominate a state legislature. It was the same movement that gave us direct election of US Senators at large, rather than having that position elected by the state legislature.
It’s one of those ideas that has been messy, but, to my mind, valuable. Yes, as in any lawmaking process, results occur that I don’t like. But the principle involved, of a means of direct democracy by the voters, rather than representatives, is a valuable one.
In recent years, criticism of the ballot measure has most often come from the Right. This has been a direct result of conservative-dominated state legislatures being frustrated by popular measures on controversial culture-war subjects like reproductive rights. They’ve been especially angry about these things being installed into state constitutions where the lege has a much more difficult time thwarting them.
Well, duh. There have been far too many cases, in every state with such a process, of the voters putting forward a new law that the state lege wouldn’t, only to have the state representatives pass a new law invalidating it.
Part of the problem here comes from, in the US, our engrained two-party system. It allows for the populace to feel one way about a particular issue (say, reproductive rights), but still be voting in as representives folk who feel the other way about that issue. Voting by party becomes an all-or-nothing matter — vote for the GOP for fiscal conservatism, get social conservatism as part of the package deal (this is analagous to the Democratic side). The ballot proposition mechanism allows for a finer granularity of popular opinion — I can vote for Smith because of their position on taxes while overriding their paranoia about gay marriage through a ballot proposition if need be.
Anyway, what we’ve been seeing in recent years is the Right pushing back on the ballot proposition — either calling for it to be gotten rid of, or requiring some sort of super-majority to pass changes (particularly to the state constitution). The idea is to rein in those messy voters, though it’s usually framed as “keeping state constitutions neat and tidy” and “putting the brakes on radical proposals.” Scratch the surface, and you get arguments about how the law and the constitution are complicated things and how voters aren’t really qualified to understand tax or social policy and how ballot propositions are often sloppy in their wording and therefore have unexpected impacts and …
It all boils down to “Trust the Elected Legislature, not the Popular Citizenry. They’re qualified to vote for us (once we’ve gerrymandered the districts properly), but not to vote for actual laws and amendments. We have analysts, and legal experts, and lobbyists to tell us how things should be done; the hoi-polloi are not to be trusted, because they vote with their emotions, not based on what the party leadership dictates.”
Now, I have actually made some of those same arguments at times. Usually in complaining when folk I disagree with have put forward broad, sweeping, sloppy propositions that would do things I don’t like. Democracy (and representative democracy) is messy. And it’s true that the citizenry doesn’t have (easy) access to expert testimony and advice in these efforts. It’s true that really sloppy things that have unintended consequences get written into state constitutions. It’s true that emotional appeals to the voters (“think of the chlidren!”) sometimes lead to bad policy.
But it’s also true that these are sometimes the only way that the voters really have a voice in a particular matter. Our two-party system lacks nuance or the idea that I might like Jones for four out of five of his positions, but strongly disagree with him on the fifth, but I can’t elect just 80% of him. And while the voting population can be swayed by emotional appeals, that’s still a more legitimate basis for governance than the flood of money that washes over state governments (the federal one) from interest that want certain things, regardless of how the population feels. And, let’s be honest, elected representatives are not dispassionate icons of wisdom and justice; they seem just as likely as Joe Six-Pack to let knee-jerk emotionalism dictate their positions as lobbying money or party diktat, and none of those make for good government.
Anyway, that’s not why I started writing this.
One of the fascinating and/or aggravating things about the Denver Post article is that while the trend to somehow disarm or restrict or do away with ballot propositions has, nationally, been coming from the Right … in a very blue state like Colorado, we see the opposite. The conservative activists and organizations here see ballot propositions as the only way to advance focused-issue changes. The liberals, on the other hand, are the ones bemoaning poorly-educated voters and poorly-written proposals. The arguments are flipped, because the power balance here is different than in places like Florida or Texas or Louisiana. Change who has the institutional power, and you change the stake-holders in challenging it.
In other words, such arguments are not a matter of principle for too many of the folk quoted, left and right. They’re about expediency and interest. If I have power, I don’t want it taken away. If I don’t have power, I want to have it. If my pet issue (guns, LGBTQ rights, reproductive rights, taxation, civil rights, immigration) is not being managed the way I want, I want to be able to change it. If it is, then I want to protect it from people who want to change it.
It’s hypocritical, and therefore annoying. Because I’m naive enough to feel that we should be basing governance (including how we manage the laws and constitutions) on principles — those high-fallutin’ things we talk about each Fourth of July, like justice, and equal protection under the law, and the voice of the majority, and the rights of the minority. We should not be basing it on “how can I most get what I want”. Unless you want selfishness and self-interest as the basis of governance, and I think we have too much of that already.
I don’t want to trivialize those “pet causes” by making them out to be just about self-interest. People feel passionately about such single issues, especially when you get into culture war matters. Indeed, that’s why ballot proposals are so important, because they give an outlet to that passion that the normal course of representative government does not. And that makes things complicated and messy and sometimes very disappointing.
But saying “We want this governance mechanism enhanced because it give us what we want on issue X” and then, while still maintaining that feeling about issue X, changing to “We want this governance mechanism to be done away with because it threatens to take from us what we want on issue X” — well, that is only logically coherent and defensible if any government, in any form, that aligns with you on issue X is acceptable to you. “I don’t mind if we have a dictatorship, as long as I get what I want on issue X; I don’t care who else, including myself, gets hurt doing it, as long as we take care of issue X!”
And that’s how you get a Donald Trump. Or any other demagogue who runs roughshod over the republic and how it’s run. Or worse.
Good governance doesn’t guarantee the results you want on any particular issue. But bad governance is an even worse way, because it makes it all the more likely that a whole bunch of issues will be settled a way you don’t like. Governmental mechanisms, be they ballot propositions or direct election of Senators or how we carve up voting districts, or filibustering, or anything like that, should be based on principle, not “how do I get power,” because if nothing else, power is always shifting, and pushing for what is expedient to you today will mean someone else in power can turn it on you tomorrow … unless you plan to rig things to never let others have power again. Which is not good principle or good governance.








































