1. Origins of California Direct Democracy
1. Mexican Independence
2. Mexican-American War
   1. Antonio Lopez de Santa Ana
   2. John C. Fremont
3. Transcontinental Railroad and the Big Four of the Southern Pacific RR
   1. Collis P. Huntington
   2. Leland Stanford
   3. Mark Hopkins
   4. Charles Crocker
4. San Francisco Earthquake
5. Boss Ruef and Hiram Johnson
6. Hiram Johnson and Progressive Republicans (1911)
   1. direct primaries
   2. nonpartisan elections
   3. cross-filing
   4. Australian office block ballot
   5. civil service
   6. state income tax
   7. women's suffrage
   8. ban on party precincts
7. Direct Democracy
   1. Extraordinary popular check on government corruption, or
   2. a routine form of political corruption
   3. Direct democracy includes all of the following:
      1. initiatives
      2. referenda
      3. recall
   4. Direct democracy in the United States exists only at the state and local level
      1. There is no nationwide direct democracy
      2. not all of the fifty states practice direct democracy
      3. Most prevalent in the western United States
      4. See Initiative and Referendum Institute
      5. An "indirect" initiative versus "direct" initiative
      6. Constitutional versus statutory initiative
   5. Usage in California
2. California Procedures
1. State Attorney General provides a title and summary
2. Petitioners have 150 days to obtain valid signatures
   1. Statutory initiative petitions 5% of all votes cast for governor in last election (419,260 after 1998, 374,000 after 2002);
   2. Constitutional initiative petitions require 8% (670,816 after 1998, 598,100 after 2002)
3. The State Secretary of State counts and approves the petition signatures and qualifies the measure for the next statewide ballot
4. If approved by voters, the measure becomes law immediately; if two propositions contradict, one with most votes wins
5. Statutory initiatives may be overturned or revised by absolute majority vote of state legislature;
6. Constitutional initiatives may be overturned or revised by absolute two-thirds majority of state legislature and another vote by the people
7. Both may be overturned in whole or in part by state or federal courts.
3. Who Uses Initiatives?
1. Interest Groups
2. Political Parties and Candidates
   1. Schwarzenegger Fund Raising
   2. 2006 Political Mailer
3. Professional Campaign Consultants
   1. Because of the vast sums of money spent on initiatives, campaign consultants are deeply involved in "citizen" initiatives:
      1. Kimball Petition Management
      2. Professional signature gathers
      3. Direct Democracy.com
4. The People of California?
4. Pros and Cons
1. Arguments in favor of Direct Democracy
2. Arguments against Direct Democracy
3. Proposals for reform
   1. Herzberg Report
5. Recommendations of State Constitutional Revision Commission
1. Place Initiative Constitutional Amendments on the November Ballot
   1. The Constitution should provide that all initiative and legislative constitutional amendments be placed on the November ballot.
   2. Constitutional amendments proposed by the Legislature may be placed on primary or special election ballots with a two-thirds vote of the Legislature and the approval of the Governor.
2. Allow Amendment of Statutory Initiatives After Six Years
   1. The Constitution should allow the Legislature, with gubernatorial approval, to amend statutory initiatives after they have been effective for six years.
3. Provide a Role for the Legislature in the Initiative Process
   1. The Constitution should establish a process for legislative review and amendment of qualified initiatives.
   2. With the consent of the proponents, the Legislature could amend a qualified initiative.
   3. Such amendments must be technical and clarifying only, and must be consistent with the purposes of the initiative.