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Faculty Scholarship at Penn Law

2005

Law and Politics

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Regulating Democracy Through Democracy: The Use Of Direct Legislation In Election Law Reform, Nathaniel Persily, Melissa Cully Anderson Feb 2005

Regulating Democracy Through Democracy: The Use Of Direct Legislation In Election Law Reform, Nathaniel Persily, Melissa Cully Anderson

Faculty Scholarship at Penn Law

The study examines a wealth of election law reforms - term limits (for governor and state legislators), campaign finance reform (contribution limits and public funding), redistricting (pre-Baker v. Carr and creation of commissions), creation and regulation of primaries, and women's suffrage - to figure out whether differences exist between the election law regimes in initiative and non-initiative states and whether these differences (if any) might be attributed to the use of the initiative process. We find that in very few cases - legislative term limits and perhaps redistricting commissions - do initiative states differ noticeably from non-initiative states, and in most initiative states ...