"The Far Left's War on Direct Democracy"

The title of John Fund's op-ed in the WSJ...

A total of 24 states allow voters to change laws on their own by collecting signatures and putting initiatives on the ballot. It's healthy that the entrenched political class should face some real legislative competition from initiative-toting citizens. Unfortunately, some special interests have declared war on the initiative process, using tactics ranging from restrictive laws to outright thuggery.

The initiative is a reform born out of the Progressive Era, when there was general agreement that powerful interests had too much influence over legislators. It was adopted by most states in the Midwest and West, including Ohio and California. It was largely rejected by Eastern states, which were dominated by political machines, and in the South, where Jim Crow legislators feared giving more power to ordinary people.

But more power to ordinary people remains unpopular in some quarters, and nothing illustrates the war on the initiative more than the reaction to Ward Connerly's measures to ban racial quotas and preferences. The former University of California regent has convinced three liberal states -- California, Washington and Michigan -- to approve race-neutral government policies in public hiring, contracting and university admissions. He also prodded Florida lawmakers into passing such a law. This year his American Civil Rights Institute (ACRI) aimed to make the ballot in five more states. But thanks to strong-arm tactics, the initiative has only made the ballot in Arizona, Colorado and Nebraska.

"The key to defeating the initiative is to keep it off the ballot in the first place," says Donna Stern, Midwest director for the Detroit-based By Any Means Necessary (BAMN). "That's the only way we're going to win." Her group's name certainly describes the tactics that are being used to thwart Mr. Connerly.

Aggressive legal challenges have bordered on the absurd, going so far as to claim that a blank line on one petition was a "duplicate" of another blank line on another petition and thus evidence of fraud. In Missouri, Secretary of State Robin Carnahan completely rewrote the initiative's ballot summary to portray it in a negative light. By the time courts ruled she had overstepped her authority, there wasn't enough time to collect sufficient signatures.

Those who did circulate petitions faced bizarre obstacles. In Kansas City, a petitioner was arrested for collecting signatures outside of a public library. Officials finally allowed petitioners a table inside the library but forbade them to talk. In Nebraska, a group in favor of racial preferences ran a radio ad that warned that those who signed the "deceptive" petition "could be at risk for identity theft, robbery, and much worse."

Mr. Connerly says that it's ironic that those who claim to believe in "people power" want to keep people from voting on his proposal: "Their tactics challenge the legitimacy of our system."

He's not alone. Liberal columnist Anne Denogean of the Tucson Citizen opposes the Connerly initiative, but last month she wrote that BAMN "is showing a disgusting lack of respect for the democratic process and the right of all Arizonans to participate in it." She detailed how members of this organization harass petitioners and film people who sign the petition, while telling them they are backing a racist measure....

The war against citizen initiatives has other fronts. This year in Michigan, taxpayer groups tried to recall House Speaker Andy Dillon after he pushed through a 12% increase in the state income tax. But petitioners collecting the necessary 8,724 signatures in his suburban Detroit district were set upon. In Redford, police union members held a rally backing Mr. Dillon and would alert blockers to the location of recall petitioners. Outsiders would then surround petitioners and potential signers, using threatening language.

Mr. Dillon denied organizing such activity. Then it was revealed two of the harassers were state employees working directly for him. Another "voter educator" hired by the state's Democratic Party had been convicted of armed robbery. After 2,000 signatures were thrown out on technical grounds, the recall effort fell 700 signatures short.

Ever since voters in virtually every state with direct democracy passed term limits in the 1990s, state legislators have been hostile to the process. Now Montana, South Dakota, Nebraska and Colorado have all passed legislation to prohibit people from out-of-state from circulating a petition, and also to ban payment to circulators on a per-signature basis....

Representative government will remain the enduring feature of American democracy, but the initiative process is a valuable safety valve. So long as elected officials gerrymander their districts and otherwise make it nearly impossible for voters to oust them, direct lawmaking will be popular. That's why attempts to arbitrarily curb the initiative, or to intimidate people from exercising their right to participate, must be resisted. It's a civil liberties issue that should unite people of good will on both the right and left.