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Citizen ballot initiatives take a lot of time, money and effort, which is why they are undertaken only when enough voters believe legislators have failed to protect the common good — either by passing a bad law or by not passing a necessary law.
One such successful ballot initiative became law in 2000, when Arizonans disgusted with political gerrymandering united to pass Proposition 106, which transferred responsibility for redrawing voting districts from the majority party in the state Legislature to a five-person Independent Redistricting Commission (IRC). This action put Arizona at the forefront of states working for fair elections.
Another successful citizen ballot initiative occurred in November 2020 with the passage of Proposition 208, which increased funding for public education. It is hard to imagine education being a partisan issue since parents from both parties want their children to be well-educated and most are aware that Arizona ranks 49th among the 50 states in per-pupil spending and funding for public education and 50th in median teacher pay.
A slap in the face to all the citizens
But the Republican-controlled Legislature did not see it that way. Their first effort to block Prop. 208 was to go to court, claiming it deprived them of their constitutional funding authority — ironic because it was the Legislature’s failure to fund education appropriately that prompted voters to enact Prop 208. When their case was dismissed, Republicans crafted a different workaround. They passed new legislation to reimburse Arizonans subject to the Prop. 208 surtax (mostly wealthier taxpayers) using funds appropriated for other purposes. This law passed on a straight party-line vote. It not only nullified Prop. 208, but it also served as a slap in the face and a warning to all the citizens who worked so hard to get it passed.
What are Arizona voters to conclude from how Republican legislators respond to these and other citizen ballot initiatives? They seem to be saying, “Who do you think you are? We make the laws here. You citizens need to stay in your own lane.” My question to Arizona voters is: What is our lane?
I fear we may not have a lane if we continue to support candidates preoccupied with silencing the people’s voices and maintaining power at all costs. And suppression may get even easier. Bills to restrict citizen ballot initiatives are now under consideration in the Arizona Legislature. One proposes raising the percentage of votes needed to pass a ballot initiative from a simple majority to 60%. (If a simple majority is enough for legislators to enact laws, shouldn’t it be enough for citizens to do so?)
Dogmatic, divisive and controlling Republicans
Another 2022 bill, sponsored by Republican state Senator Vince Leach, would make it possible for laws enacted by citizen initiative to be amended or overturned if the state or federal Supreme Court ruled them unconstitutional. On the surface, that might sound reasonable — but not if you consider changes made to the Arizona Supreme Court. In 2016, after losing court cases involving redistricting and education funding, Republicans passed legislation to expand the Arizona Supreme Court from five to seven members — on a straight party-line vote and against the advice of all five sitting justices. Gov. Doug Ducey signed that bill and has now appointed five justices, all conservatives. There is no longer a single progressive voice on the Arizona Supreme Court.
I suspect Republicans would cry foul if Democrats had taken such action — and I would not blame them. It underscores that strategies are only as good as the motives of people who use them. Citizen ballot initiatives have provided a useful redress for legislative inaction in the past, but they cannot resolve the underlying problem. Arizona voters should not have to do the work we elect representatives to do! The long-term solution is to be more careful about whom we elect to represent us.
The reason many bills supported by a majority of Arizona voters do not get passed is that dogmatic, divisive and controlling Republicans oppose such bills and anyone who supports them, including reasonable Republicans.
Republicans hold only a one-seat majority in both houses of the Arizona Legislature, which means many bills popular with the voting public could pass if just a few principled and collaborative Republicans would support them. Sadly, they rarely do so. Many believe this is because they fear being primaried by extremists in their party. I believe primaries can be used in the service of democracy as well as autocracy. We should remember that right-wing Republicans do not have a voting majority in this country, or arguably not even in Arizona. They cannot control election outcomes without help, so let’s stop helping them.
Two-point strategy
The strategy for unseating deceitful and divisive Republicans is twofold.
- First, they must be opposed in primary elections by ethical, competent, persuasive Republican candidates so voters have a viable choice.
- Second, moderate Republicans must encourage independents to vote in the Republican primary. They are eligible and need only request a Republican primary ballot when they receive the August primary election notice.
By combining forces, willing Republicans and independents can rid Arizona of legislators who would destroy our democracy.
The benefits of this strategy are many. For Republicans, it could be the first step in reclaiming what used to be known as the Grand Old Party (GOP). For independents, it could provide a much-needed and deserved voice.
This strategy transcends partisanship. Its goals are to nominate ethical candidates from both major parties, let them share their vision for America and their strategies for realizing that vision, and then give all voters a voice in selecting the candidates who will best represent their views.
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