But last month the Missouri legislature, where Republicans have a supermajority in both chambers, overturned the paid sick leave part of the law, as well as a provision that would have continued to automatically increase the minimum wage in the future. “Today, we are protecting the people who make Missouri work—families, job creators, and small business owners—by cutting taxes, rolling back overreach, and eliminating costly mandates,” Republican Governor Mike Kehoe said in a statement. That’s disingenuous, to say the least. They simply disagreed with the majority of voters—and were under pressure from industry groups like the Missouri Chamber of Commerce and Industry that called the law a “job killer.”
Twenty-six states allow some kind of ballot referendum process, usually either to amend the state’s constitution or pass new laws, or both. In the recent past, conservative ballot initiatives, like the same-sex marriage ban that passed in California in 2008 (and was overturned by the courts in 2013), were used to drive Republican turnout in an otherwise blue state and try to sway the presidential election. More recently, organizers have focused on passing popular progressive initiatives that legislatures were reluctant to take up, like increasing minimum wages, medical and recreational marijuana legalization, and expanding Medicaid. Many of these measures have proven popular even in majority-Republican states like Arkansas, Florida, Missouri, and Ohio. Last year, Nebraska and Alaska joined Missouri in passing referenda on paid sick leave and the minimum wage.
“We’re in a phase of pushback against the process right now, because the policies have been responding to one direction that the state legislatures have been going for about 15 years, which is in a more conservative direction,” said Craig Burnett, the chair of Political Science at Florida Atlantic University. Responding to the moment may limit conservative lawmakers’ tools in the future, though. “That does swing. You may think this is a good idea today, but you know, tomorrow it may work against you.”
This isn’t always nefarious. Deciding how to implement laws is the job of the legislature, and voters are essentially hiring legislators to do that job for them when they elect candidates. In some cases, asking voters to consider too many referenda, or overly complicated ones, could be seen as shirking their responsibility. In California, for example, voters are asked to weigh in on dozens of initiatives, some of them redundant and counterproductive. Many of these are complicated questions that are better left to legislators.
Initiatives also require organized campaigns to collect the signatures and other qualifiers necessary to make it to the ballot, which means the process can be hijacked by millionaires and billionaires who back those campaigns. State officials and campaigns also often wrangle over the language used on the ballot itself, leading to court fights and sometimes to language that is unnecessarily confusing. That can overwhelm voters, turning what is supposed to be direct democracy into another area of politics where big money can distort the process.
Still, ballot initiatives give voters only limited power. Voters approve initiatives they support, but that doesn’t always mean they care enough about the issue they voted for—like paid sick leave—to later vote against a politician who helped to overturn it. Typically, voters have felt more strongly motivated by culture-war issues like abortion than by things like minimum wage laws. Missouri Jobs With Justice is in the early stages of trying to get a constitutional amendment guaranteeing paid sick leave, which would not be vulnerable to legislative tinkering, on the ballot next year. “Ballot initiatives were never a silver bullet,” Adams said. Referencing the Republicans who overturned paid leave, she added, “I think we are going to be spending time telling voters who did this to them; making sure they know who took this away.”
We are in the middle of a huge partisan reshuffling. In the past three election cycles, non–college educated voters have shifted to the Republican Party, while the Democratic base, once full of blue-collar and union rank-and-file workers, is now full of college-educated, relatively well-paid white-collar workers. These are workers who already have access to benefits through work, but they are voting for the party with a platform that supports increasing the same benefits for others. At the same time, Republicans seem to have successfully painted Democrats as elite and culturally remote, even while they’re the ones passing tax cuts for the wealthy and generally catering to the whims of business interest groups.
This is the big question hanging over the Democratic Party. For now, however, it’s clear that many of the people who benefited from Biden’s populist economic agenda had no hesitation in voting against him. Adams said future campaigns will also focus on educating voters on candidates who support the initiatives and those who don’t. “We do have to be able to do multiple things at the same time—pass really great statewide policies, and create consequences for elected officials who go against the will of the voters,” Adams said.
But given the Republican assault on ballot initiatives, perhaps it’s also time to educate voters on the problem with depending on these initiatives in the first place. Voters need to decide what policies they want from their political parties—and actually demand them, by choosing candidates accordingly. That remains the surest path to change in this rickety democracy.
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