BALLOT QUESTIONS: PURE DEMOCRACY OR SPECIAL INTEREST?

Originally created as a way to give citizens a larger role in their
government, ballot initiatives have been an integral part of
Massachusetts politics for almost a century.

Now, after voters passed two controversial ballot initiatives that
have put 1,000 jobs in jeopardy and reshaped the state's drug policy,
some are re-examining the value of such direct democracy.

In November's election, Massachusetts passed Questions 2 and 3, which
decriminalized marijuana possession and banned dog racing in the
state. The measures passed with 65 and 56 percent approval
respectively. Question 1, a proposal to repeal the income tax, also
appeared on the ballot, but was easily defeated.

Revere Mayor Thomas Ambrosino said the dog racing ban is an example
of the disproportional effects sometimes associated with ballot
questions. Though the racing ban will only affect Revere and Raynham,
the two towns with dog tracks, the entire state voted on the measure.

"I'm concerned about a system where the whole electorate gets to vote
on which businesses can survive and which ones fail," said Ambrosino.
"I'm not sure that kind of system is appropriate."

According to the Initiative and Referendum Institute, an organization
that tracks ballot initiatives around the nation, Massachusetts
started using ballot measures in 1913. Since then, more than 150
binding questions have appeared on the ballot with a 64.7 percent
approval rate.

Michael Widmer, director of the Massachusetts Taxpayer Association
and a Question 1 opponent, said ballot questions give too much power
to special interest groups. Because voters vote with a simple yes or
no, ballot questions often oversimplify issues and leave no room for
compromise, Widmer said.

"Those who go to the ballot argue they are fighting on behalf of
citizens, when in fact they are very much a special interest group of
their own," said Widmer. "As ugly as the democratic process is, what
it does is illicit compromise."

Massachusetts uses ballot measures much less often than other states.
The last election saw Colorado vote on 14 different initiatives,
including a proposal to define a person as a human being from the
moment of conception, which voters rejected. California voters
weighed in on a dozen questions, most notably Question 8, which
banned same-sex marriage.

Yet Massachusetts' initiatives have included many controversial
issues. Since 1970, proposals to ban handguns and nuclear power
plants and to allow the Legislature to regulate abortions have been
voted down in ballot measures. The most questions that have appeared
on a Massachusetts ballot were nine in 1972, 1976 and 1994.

Brian McNiff, spokesman for the secretary of state's office, said
ballot measures by their nature are often controversial. If they
weren't, the Legislature would take them up without outside
prompting. He also said tough requirements limit the number of ballot
questions in some western states.

Before an initiative appears on the Massachusetts ballot, applicants
must receive approval from the attorney general and secretary of
state and collect more than 75,000 supporting signatures.

Nonetheless, Widmer said he would like to see tougher requirements to
eliminate the costs by advocates - and opponents - to support and
oppose what he called "reckless proposals."

"Do I see potential for ballot questions?" said Widmer. "Yes, but on
a balance it's a poor way to govern. A lot of resources get wasted."

The campaigns for and against California's Proposition 8 - the
same-sex marriage question - raised more than $60 million this year.
According to the I&R Institute, this was a record for a social issue.
In Massachusetts, supporters for Question 2 raised about $1 million.

Not all have such critical views of ballot initiatives.

Whitney Taylor, director of the Committee for Sensible Marijuana
Policy, ran a successful campaign for the ballot proposal to
decriminalize the possession of less than an ounce of marijuana. She
said the marijuana question was designed for a ballot initiative
because marijuana policy is such a divisive subject it was hard to
get politicians to come out and endorse decriminalization even though
they may have supported it privately.

"There has been something like Question 2 in front of the Legislature
for decades," said Taylor. "Politics was getting in the way, so we
decided let's go directly to the voters."

Taylor also said she does not agree that ballot questions give too
much power to special interests because everything comes down to the
voters.

"They do not have to vote for it," said Taylor. "The power is with
voters."

According to Marty Linsky, a professor at Harvard's Kennedy School of
Government, many of the problems with ballot questions are the same
problems faced by legislatures. Just like ballot initiatives, Linsky
says legislatures are influenced by special interests and often
create laws that disproportionably affect one area.

"There is a disproportional impact, no question about that," said
Lynsky. "But it happens all the time. The (ballot) results mirror the
legislative process."

Linsky said Massachusetts had struck a decent balance with ballot
requirements, making them tough enough so that not every idea could
get on the ballot, but not so tough that popular issues are ignored.
He said the fact that only three questions appeared on the most
recent ballot is evidence of the strength of the system.

"The system worked as intended," said Linsky. "It's a good thing, but
if there were 20 questions on the ballot I might have a different
opinion."

(Tait Militana is a student reporter in Boston University's State
House program.)