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Lawmakers Strike Back Against Voter-Approved Ballot Measures

State legislators across the country fought back this year against a recent surge in citizen-generated ballot initiatives by modifying or scrapping voter-approved laws and passing new laws to make it harder for people to put measures on the ballot in the first place. South Dakota state legislators scrapped voter-approved campaign finance and lobbying restrictions. Maine lawmakers repealed a new tax on the wealthy. And in Florida, lawmakers decided a new law legalizing medical marijuana wouldn’t allow users to smoke it — prompting a lawsuit by one of the primary backers of the initiative. There were 76 citizen-initiated measures on the ballot in 2016, the highest number in a decade. The renewed interest in 2016 stemmed in part from legislatures’ reluctance to deal with controversial issues like marijuana legalization and minimum wage hikes.In addition, lower voter turnout in the 2014 elections meant that fewer signatures were needed to get a ballot issue before voters in some states. This year, some states took steps to make the ballot initiative process more difficult. “The intent of progressives in initiating initiatives and referenda [historically] was to circumvent legislatures that were not doing the people’s will,” Cunningham said. “Now referenda are often used by interests that can’t get something through the legislative process — hearings, amendments, debates — but can put a measure on the ballot and, by virtue of campaign spending, have a pretty good chance to get voters to pass it."

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Pew Charitable Trust