So you always wanted to put an initiative on the Oregon ballot? part 1

Before I can discuss the process for getting an initiative on a ballot in Oregon, we probably need some preliminary explanations.

Referenda, Initiatives, Propositions, etc.
There are many different names for different forms of direct democratic procedures. The first thing to know is that there isn't one formal name for an election where individual voters, rather than the legislature, enacts law.

Many, as I just did, call it "Direct Democracy." Some prefer "Plebiscite," but that name seems too elitist to properly describe such a populist mechanism. (Plebiscite is also used to describe a particular type of ballot measure.) On the other hand, I do sometimes call the actual vote a "plebiscite," to distinguish it from an election, which implies candidates. Some writers call it "pure democracy," in the sense that having individual citizens vote on laws is democratic in the ancient Greek aspect of the term; I avoid it because while "pure" is used in the sense of "actual," it implies "free from flaw," which it isn't.

There are several basic forms of Direct Democracy: Recall/Retention, the Referendum/Referral, and the Initiative. Other sources describe and group them differently; for example Ballotpedia says that there are "seven generally acknowledged forms of direct democracy." It doesn't include retention elections, and groups/separates the categories based on other criteria.

More after the break...


Recall/Retention votes: There is actually a pretty big difference, but it's not necessarily important to this discussion. Both are votes by citizens to remove an office-holder from their position. A recall is generally distinguished because it is citizen-initiated; that is, citizens unhappy with a representative collect signatures and get the recall placed on the ballot. The most famous example was the recall election in California a few years ago that placed Arnold Schwarzenegger in the governor's office. (Technically, it was two votes: one to remove Gray Davis, and the other for the voter's choice of replacement). Retention votes are generally used for judges. A judge is named to the bench by the governor or local executive, and, after a statutorily mandated period, placed on the ballot for retention. These votes are generally "none of the above"--if the judge is removed, another judge is named to the bench.

Referendum/Referral:  In several states, the legislature (and/or governor) can draft legislation, for approval or rejection by the voters.  In some states, the vote acts more like a veto--the legislation becomes law unless rejected by the voters. In others, certain types legislation must be approved by a majority of voters, or the legislature can vote to put the measure before the voters before enactment. Some states require that certain types of laws automatically come before the voters every 10 or 20 years.

Initiatives: Generally speaking, an initiative is legislation placed on the ballot after proponents collect the appropriate number of signatures. In different states, the voters may enact statutes, constitutional amendments, or both.

I plan on writing a brief overview of different state laws and a brief history of direct democracy in America, and then more specifically discuss Oregon law. Finally, I also hope to write a quick update about each of the questions currently slated to appear on Oregon ballots in November.