Introduction
Approximately half the states in the USA allow their citizens to change local and state laws by going directly to the voters via the ballot initiative process. Using this method, citizens can bypass elected officials, who are normally responsible for this task, creating new law or changing existing law on their own.
In essence, if enough registered voters living within the state or municipality in question sign a petition to change the law, the proposal is placed on the ballot at the next election. If the proposal wins a majority of the vote, the law is changed.
While simple in concept, changing the law by this method can be very difficult to achieve in the real world.
Elected officials, and the political class in general, despise this "direct democracy" method of legislation because it bypasses and negates what they consider the authority to which they are entitled by virtue of having been elected or appointed to office. In their elitist world, they are the only ones qualified to make the rules.
In addition, ballot initiatives force these officials to take a public position on things they would much prefer to evade or be silent on - like, for instance, drug policy reform.
Because of their distaste for this method of political change, the powers-that-be have made the initiative process increasingly complex and onerous.
Specifically, many legal barriers and arcane complexities now exist in the laws to trap the unwary reformer into failure. As a result, only the most sophisticated reformers - and their legal experts - have a fighting chance to be successful by this method. In fact, even the "experts" fail from time to time, as you will learn from our experiences here in Michigan.
In any even, a ballot initiative is a political effort consisting of two major battles. The first is to actually QUALIFY your proposal to be placed on the ballot in the first place. If and when you win that one, the second is to get a majority of the voters on election day to actually enact your proposal into law. With respect to the first battle, the laws regarding how to attain ballot status vary widely from state to state, and even from municipality to municipality within an individual state.
What follows is a recounting of our particular experiences in Michigan. My purpose is to offer generalized, practical advice for reformers who wish to consider using the initiative process to make political change. It is drawn from our successes and failures here over the last four years.
NOTE: Do not treat these words as "gospel." It is absolutely imperative that one consult wit the vest legal counsel, expert in your state or municipality's election laws. Failure to do so can - and almost certainly will - result in little more than a cruel lesson in the harsh, unforgiving, realpolitik world we face in the USA today.