Legislative tampering
From Ballotpedia
Legislative tampering is a term used by the Initiative & Referendum Institute to refer to whether or not a state legislature is allowed to repeal or amend a ballot initiative approved by the citizens of the state in an election.
Most of the states with initiative or referendum do allow some degree of legislative tampering. The differences between states have to do with:
- Whether there is a time limit on when a state legislature can repeal or revise a law enacted through the initiative process.
- The types of ballot measures that a legislature is allowed to repeal or revise.
Arizona
Arizona voters passed Proposition 105 in 1998, which significantly inhibits the authority of the Arizona State Legislature to alter measures passed by voters.
Proposition 105 came into play when, in 2009, the Arizona State Legislature removed $7 million from Early Childhood Development and Health Fund that had accrued as interest and put the money into the state's general operating fund. The board that oversees the fund sued the state in May, and in July, the Arizona Supreme Court sided unanimously with the fund against the state.[1] The Supreme Court relied on Proposition 105 from 1998 in its reasoning.
California
California is generally acknowledged to have the strictest laws in the country forbidding legislative tampering with citizen-initiated measures.[2]
References
- ↑ Arizona Capitol Times, "Hands off tobacco money - Supreme Court: Legislature can’t sweep First Things First", July 24, 2009
- ↑ Contra Costa Times, "Questions raised about ballot measures", November 20, 2008
