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Election Law

Duke Law

Faculty Scholarship

2004

Referendum

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Full-Text Articles in Law

When Does Government Limit The Impact Of Voter Initiatives?, Elisabeth R. Gerber Jan 2004

When Does Government Limit The Impact Of Voter Initiatives?, Elisabeth R. Gerber

Faculty Scholarship

Citizens use the initiative process to make new laws. Many winning initiatives, however, are altered or ignored after Election Day. We examine why this is, paying particular attention to several widely-ignored properties of the post-election phase of the initiative process. One such property is the fact that initiative implementation can require numerous governmental actors to comply with an initiative’s policy instructions. Knowing such properties, the question then becomes: When do governmental actors comply with winning initiatives? We clarify when compliance is full, partial, or not at all. Our findings provide a template for scholars and observers to better distinguish cases …