Friday, November 17, 2017

Why Can't Wisconsin Have Real Referendums ?


In 2011, GOP politicians took over both Wisconsin and Ohio as part of a national wave election. The Republican governors and legislatures soon let their newly-gained power go to their heads. Both states quickly enacted laws to destroy the right of public employees to bargain. Both states saw huge public anger at this gross abuse of power. Hundreds of thousands of outraged citizens descended on Madison and Columbus for weeks of protest.

But the way that the people were able to deal with the crisis was very different between Wisconsin and Ohio. In Wisconsin, nine State Senators faced recall elections in 2011. Scott Walker, along with four more State Senators faced recall in 2012. After all of the dust settled, three Republican State Senators had been replaced by Democratic challengers.

The actions taken in Wisconsin required a great deal of activity by people in the state. Signatures were collected and verified. Candidates were recruited. Expensive primary and general elections were conducted.

The political climate in the state was poisoned during this time, and has never fully recovered. Neighbor turned on neighbor. Friend turned on friend. Kin turned on kin. Political witch-hunts took place in which judges, reporters, office holders, and candidates who signed recall petitions were called-out for public shaming. "Wisconsin Nice" died a tragic death.

But after all of that effort and energy, we are still stuck with the unpopular Act 10. Even today, we are burdened with the poorer schools, lower wages, and residual employee resentment that the Republican law forced on us.

By contrast, Ohio was able to handle the same union-destroying power-grab quite differently. Unlike Wisconsinites, Ohio citizens are able to call a referendum on laws that don't reflect the will of the people. Citizens actually have veto power over unpopular legislation.

Ohio's anti-worker bill, SB 5, was signed into law by John Kasich on March 31, 2011. Ohio citizens have 90 days after a law is signed to submit petition signatures to force a veto referendum onto the ballot. Valid signatures totaling 6% of the vote in the state's prior gubernatorial election are required (amounting to 231,149 names in 2011). At the end of June, over five and a half times that many signatures were proudly submitted to the Ohio Secretary of State.

The referendum was placed on the ballot in November. The good guys won. The anti-worker law was defeated by an overwhelming 62-38% vote. The law was "recalled". It was vetoed by the people. But no politicians lost their jobs. This was a much less divisive, and much more effective, way of overturning the GOP's unpopular scheme.

Wisconsin does have referendums, but they are of very weak types. The people approve any changes to the state Constitution through referendums. We can have an advisory referendum on an issue if the state legislature requests one. We are also allowed to initiate non-binding advisory referendums to voice public opinion on an issue (such as all of the recent local referendums on overturning Citizens United).

Twenty three states have the sort of strong veto referendums used so effectively in Ohio in 2011. People in these states can overturn bad laws and counteract partisan power-grabs. They have much more of a voice in the way they are governed than we do.

Twenty four states have a process by which the people can circumvent a do-nothing legislature or obstinate Governor to enact a new law or constitutional amendment. This sort of referendum was successful in Maine just last week , when voters overruled the five vetoes of Medicaid expansion by crazy Governor Paul LePage. Seventy thousand additional Maine residents will now have access to Medicaid coverage.

The people of Wisconsin need to have a more active and democratic participation in our state government. We should have the chance to over-rule bad laws from our gerrymandered legislature. We should have the opportunity to initiate new laws through binding citizen referendums. We should join with half of the states in the country. We should have meaningful referendum provisions in our state Constitution.
 

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