Lawmaking by Initiative: Issues, Options and Comparisons

In an era when voters across America grapple with lengthy ballots packed with complex propositions, Lawmaking by Initiative: Issues, Options and Comparisons offers a clear-eyed guide to one of democracy's most direct tools. Written by political scientists Philip L. Dubois and Floyd Feeney, this 1998 book dissects the initiative process—where citizens bypass legislatures to propose and enact laws—drawing on decades of data from U.S. states and abroad.

Start with the basics: the authors trace the initiative's history from Progressive Era reforms to its modern use in 24 states. They spotlight California's high-stakes arena, where the 1988 ballot featured four auto insurance measures, one stretching nearly six times longer than the U.S. Constitution, demanding hours of reading just to grasp the stakes. Why do initiatives often balloon into dense, multi-thousand-word tomes riddled with hidden clauses? The book breaks it down, comparing signature thresholds (from 5% of recent votes in some states to 10% or more), pre-election reviews by attorneys general, and rules for ballot access.

A standout section stacks U.S. practices against Switzerland's federal and cantonal systems, where initiatives face strict subject limits and detailed procedural hurdles, yielding fewer but sharper voter decisions. Other nations get a nod too, highlighting global lessons on curbing logrolling—bundling unrelated issues to sneak them through.

The heart of the book tackles fixes. On complexity, it critiques lax single-subject rules that allow "Trojan horses" like Proposition 100's buried trial lawyer perks amid insurance rate cuts. Solutions include drafting aid from legislative staff, word limits, plain-English mandates, and a tighter single-subject test tying all parts "functionally" to one goal. Voter tools get attention: upgrade pamphlets with yes/no vote explanations (as in Massachusetts), fiscal impact summaries, and 400-word pro/con arguments sans rebuttals. Campaign finance? Push for sponsor IDs in ads, like Montana's "economic interest" labels or California's short-lived industry disclosures.

Balanced throughout, the authors note cycles of overuse (like California's 1990 overload) that self-correct via voter fatigue, yet argue the initiative remains a vital safety valve against gridlocked legislatures. Reforms aren't radical overhauls but practical tweaks: higher signature bars for amendments, media calls for rejecting murky props, even audio pamphlets for commuters.

For reformers, lawmakers, or curious voters tired of slogan-driven ballots, this book delivers data-driven options grounded in real elections. At 280 pages with tables, appendices (including sample pamphlets), and an index, it's a reference that informs without overwhelming—much like the streamlined process it envisions. If direct democracy matters to you, this is the roadmap to making it work better.

Philip L. Dubois is the author of From Ballot to Bench: Judicial Elections and the Quest for Accountability (1978), two edited volumes on court reform, and a host of articles on judicial selection and court administration. In April 1997 he became the 22nd president of the University of Wyoming. Floyd Feeney is Professor of Law at the University of California, Davis. From 1968 to 1986 he also served as Executive Director of the university's Center on Administration of Criminal Justice. A former law clerk for U.S. Supreme Court Justice Hugo Black, he is the author of three books and numerous articles on criminal justice and court reform. In 1992 he and Professor Dubois authored a monograph for the California Policy Seminar entitled Improving the California Initiative Process: Options for Change.