California Should Return to the Indirect Initiative

Stern, Robert M.

Journal: Loyola of Los Angeles Law Review

Volume: 44

First Page: 671

Year: 2011

Bluebook Citation: 44 LOY. L. A. L. REV. 671 (2011)

Author: Robert M. Stern: all 7 publications


Abstract

Recognizing that California’s initiative system is under attack, this Article proposes a return to the indirect initiative process, which California adopted in 1911 and repealed in 1966. If an initiative’s proponents gather a sufficient number of signatures, the indirectinitiative process allows the legislature to review and pass the proposal before placing the initiative on the ballot, eliminating the need for a traditional vote. This Article explains the history behind California’s initiative process, examines the reasons why California repealed the indirect initiative once before, and explores the indirect initiative variations that other states employ. After addressing the arguments against the indirect initiative process, this Article puts forth an amended indirect initiative solution—one that would quell voters’ concerns by reducing the number of measures on the ballot and by encouraging better-drafted initiatives.

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