It’s Groundhog Day Again — BISC Addresses Familiar Threats to Ballot Measure Implementation
WASHINGTON — We’ve seen this shadow before. Groundhog Day only comes once a year, but repeated attempts to undermine direct democracy and threaten successful ballot measure implementation happens after every election. Data shows that Republicans have aggressively attacked the citizen-led initiative process — particularly in states where the party holds a trifecta. The Ballot Initiative Strategy Center (BISC) carefully monitors challenges to successful measures.
“The reality is that we’ve seen attacks on direct democracy after every election cycle since 2016. The will of the people is feared by the people in power. Voters want change and to take action on the issues that impact them. When given the opportunity, they will pass progressive policy, because they know it will change the material conditions of people’s lives,” said BISC Executive Director Chris Melody Fields Figueredo.
“Now is the time to double-down on defending direct democracy. The citizen-led initiative process is one of our last lines of defense to push back against policies that harm our most vulnerable communities like immigrants, trans people, and low-income communities. We won’t let unresponsive officials stand in our way. The people have spoken. It’s time elected officials do their jobs and implement these winning measures.”
Attacks on the ballot initiative process are not isolated from one another; they are part of a dangerous movement fueled by extremist politicians and corporate interest groups to deconstruct direct democracy.
Below is a list of the latest attempts to interfere with implementation of ballot measures that were passed in November:
- Arizona Prop. 139: Right to Abortion
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- Legislative Threat: Prop. 139 expressly prohibited government interference in abortion rights before fetal viability. However, HB2681 proposes an unnecessary burden for abortion providers and their patients by requiring in-person exams and in-person follow-up appointments.
- Missouri Amendment 3: Right to Reproductive Freedom
- Legislative Threats: Anti-abortion legislators continue to file bills that would limit or overturn Amendment 3. There are now 13 bills that could ask voters to ban abortion with very limited exceptions. Additionally, two new bills (HB1072 and SB619) assert that the U.S. Constitution prohibits abortion, thus the Missouri state constitution can’t allow it either.
- Missouri Proposition A: Minimum Wage and Paid Sick Leave
- McCarty, et al. v. Mo. Sec. of State, et al. Update: The lawsuit, originally filed by a roster that included six corporate plaintiffs but only three voters, argues that Prop. A violated the single-subject requirement because the labor justice measure increases minimum wage and allows workers to earn paid sick leave. The Missouri state supreme court appointed County Circuit Judge Josh Devine as a commissioner to review the evidence and report his findings by February 10.
- Legislative Threat: The “Entrepreneur Rights Act” proposed by HB546 had its first hearing on January 29 and is now awaiting a committee vote. The bill would exempt small (<50 employees) and seasonal (<26 weeks) businesses from paying the new minimum wage or meeting sick leave requirements.
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- Montana CI-128: Right to Abortion
- Legislative Threat: If passed, HB316 would ask voters to approve a constitutional amendment that defines “person” as beginning at fertilization or conception.
- Nebraska Initiative 436: Paid Sick Leave
Legislative Challenge: LB698 has been scheduled for a February 3 hearing in front of the Business and Labor committee. The bill looks to exempt several groups from receiving earned sick leave, including agricultural workers, seasonal and temporary employees, and workers under the age of 16.