Direct Democracy

The Case for Direct Democracy

Twenty-six states allow citizens to propose and vote directly on laws (initiatives) or to reject laws passed by the legislature (referendums). New York is NOT among them—citizens can only vote on constitutional amendments proposed by the legislature.

What direct democracy provides

• Bypass legislative gridlock on popular reforms
• Check on legislators who ignore constituent preferences
• Mechanism to address issues legislators avoid for political reasons
• Complement to (not replacement for) representative democracy

Historical record: From women's suffrage to property tax limits (California's Prop 13) to marijuana legalization, citizens' initiatives have driven major policy changes that legislatures were unwilling or unable to enact.

The Irish Model: Citizens' Assemblies

Ireland has pioneered an innovative approach combining deliberative democracy with direct democracy:

Why It Works

• Citizens become deeply informed through structured learning
• Deliberation builds consensus beyond initial positions
• Random selection prevents capture by interest groups
• Recommendations carry legitimacy of citizen voice
• Connects to referendum for democratic accountability

Oregon's Citizens' Initiative Review

Oregon offers a more modest but scalable model:

How It Works

• For each ballot initiative, state convenes a panel of 20-24 randomly selected citizens
• Panel meets for 4-5 days to study the measure
• Hear from advocates on both sides, question experts
• Produce a "Citizen Statement" with key findings—both pro and con points
• Statement appears in official voter guide mailed to all households

Benefits

• Helps voters cut through campaign messaging to understand substance
• Research shows voters who read Citizen Statements are better informed
• Relatively low cost ($100,000-150,000 per review)
• Does not change the initiative process, just adds deliberative layer

Implementation Strategy for New York

Challenge: New York lacks ANY statewide initiative/referendum process.

Path Forward

1. State Constitutional Amendment

• Requires legislature to propose in two consecutive sessions
• Then statewide voter referendum
• Political challenge: Legislators reluctant to share power

2. Local Referendum Authority

• Many NY localities have some referendum authority under home rule
• Could expand local direct democracy within existing legal framework
• Suffolk County charter could potentially be amended to expand citizen referendum rights

3. Advisory Referendums

• Even without binding authority, localities or state could hold advisory votes
• Results are not legally binding but create political pressure
• Congress could authorize advisory national referendums without constitutional amendment

4. Citizens' Assembly Approach

• Could be implemented without constitutional change
• Legislature or governor establishes assembly by statute
• Recommendations go to legislature or, for constitutional matters, to voters
• Builds experience and trust in deliberative processes

Safeguards Against Direct Democracy Pitfalls