BlogWood: MT Archives

GOP's anti-democracy agenda: 2005 edition

The GOP’s annual “Democracy?!? We don’t need no stinkin’ democracy!" anti-citizen initiative push is getting underway.

After falling short in 2004, legislators say they're determined this year to make it harder for citizens to amend the Florida Constitution.

Six amendments approved by voters in November are the latest among dozens proposed and adopted in recent years. The process increasingly frustrates lawmakers and others who say it has been hijacked by special interest groups.

As opposed to the Legislators themselves, who everyone knows never listen to lobbyists or special interests. The same arrogance that leads the Leg to believe that it can arbitrarily take away the only option the people have to directly affect the laws of the state is on display in the effort to water down the new minimum wage law (a citizen initiative passed in November after the Leg refused to consider raising Florida’s minimum wage).

Voters who overwhelmingly approved a higher minimum wage two months ago might be expecting it to take effect by May as the ballot language suggested.

Not so fast, say business lobbies that failed to defeat the proposal in the Nov. 2 general election.

They are urging the Legislature to step in with a law to minimize the measure's effect on restaurants, retailers and other businesses faced with paying minimum-wage workers an extra $1 an hour.

"Florida employers need certainty and predictability in application of the new Florida minimum wage, avoiding costly and unnecessary litigation over wage issues," says a position paper presented to lawmakers Wednesday by a lobbyist for the Florida Chamber of Commerce and Florida Restaurant Association.

Supporters of the new $6.15 hourly wage say the amendment to the state Constitution is clear and that courts, not legislators, should resolve any disputes over what voters meant.

"What I see happening is a bill that would try to blunt the effect of the constitutional amendment, and put barriers in the way of providing enforcement of the minimum wage requirement," said Robert Williams of Florida Legal Services, which represents the organization known as ACORN that gathered signatures to put Amendment 5 on the ballot.

Jeb! got away with overturning the High Speed Rail Amendment last year, so now the GOP thugs think they can ignore any citizen initiative they don’t like.

Let’s look at some myths and facts surrounding the citizen initiative process in Florida.

Myth: Florida's initiative process is "out of control", and voters are being faced with an unreasonable number of initiative proposals.

Fact:
Of the 50 initiatives that were filed for the 2004 general election, only six of them made it to the ballot. Florida's constitution has been amended only 16 times in the state's history through citizen-petitioned ballot initiatives while in that same time the state legislature has amended the constitution 70 times and passed over 10,000 laws. Fully 95% of measures proposed by the state legislature make it to the ballot, while only 14% of citizen initiatives successfully overcome the many hurdles to qualify. Florida doesn't even rank in the top five states with the most ballot initiatives over time.

Myth: It is too easy for citizens to qualify ballot initiatives - as evidenced by the Florida Constitution being amended 95 times since 1968.

Fact:
Florida already has one of the most stringent initiative approval processes in the country. Amending the state constitution through ballot initiatives involves a lengthy and costly process of filing initiative language, securing valid signatures and having those signatures approved by the state Supreme Court and the Secretary of State. While it is true that the state constitution has been amended 95 times, most of those amendments came from legislature, while only 16 of those amendments came from the citizen initiative process. Amendment 2 does nothing to reduce the number of measures referred by the legislature or another governmental body in Florida - it only seeks to reduce citizen-led initiatives.

Myth: There are certain issues that just don't belong in our state constitution.

Fact:
While it's reasonable to argue that certain issues don't belong in the constitution, this argument is a red herring. The constitutional process is the only option available for sponsors of ballot initiatives in Florida (unlike most other states). Furthermore, voters have ultimate control about what stays in or goes out of the constitution - the will of the people does and should prevail. Lastly, establishing a statutory process would allow citizens to pass laws that may not belong in the constitution. However, proponents of Amendment 2 oppose creating a statutory process, thereby proving that at the end of the day attempts to restrict the process are nothing more than attempts to stifle the voice of citizens. Don't be fooled by their rhetoric - Amendment 2 takes power from you.

Myth: Voters would rather leave lawmaking to elected representatives. Florida's initiative system is a threat to representative government because it undermines the ability of elected leaders to govern the state by creating costly and inappropriate laws.

Fact:
That's for voters to decide. Voters are typically hesitant to do anything to weaken their power. Most voters who learn that Amendment 2 is a power grab by special interests in the state become vehemently opposed to this measure. The state legislature already refers more measures to the ballot than citizens. Why limit the process for citizens and not politicians? Ballot initiatives serve as an effective system of checks and balances because they allow citizens to take matters into their own hands when politicians refuse to deal with issues the way that people want.

Myth: Florida voters are being hoodwinked by special interests who place difficult to understand initiatives on the ballot and who suppress public debate on issues.

Fact:
While the subject matter of ballot measures can sometimes be confusing, Florida voters are smarter than they are given credit for. Initiatives pass because people vote for them. If voters do not support an initiative they simply won't vote for it. The people have the power to support or reject laws they disagree with. Initiatives that pass do so because they reflect the will of the people. If the Chamber of Commerce and other powerful interests in Tallahassee are so concerned with the level of public education surrounding ballot initiatives, they should consider requiring the creation of state-sponsored voter pamphlets, public forums and other public information campaigns. Many other states already have these systems in place and they have resulted in a better-informed, more civically engaged public.

Myth: Citizens support restricting the ballot initiative process.

Fact:
A Mason Dixon poll conducted earlier in the year concluded that only 39% of voters support restricting the initiative process. Voters believe that the initiative process is an important check and balance on government because it allows citizens to take matters into their own hands.