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2002 FINAL STATELEGISLATIVE PROGRAM CORE ISSUE ISSUE: THE INITIATIVE SUMMARY: The initiative is a method of lawmaking by which citizens circumvent the legislative process to place proposals directly before the voters. Over a dozen states placed the initiative in their constitutions during the last century as a means of limiting the abuse of power by elected leaders. Reforms such as the initiative and the referendum were enacted in an era when political corruption was rampant with few methods to expose and effectively prosecute misdeeds by public officials. During the 20th century greater citizen participation in the legislative and electoral process and more extensive coverage by the mass media has diminished the appeal of the initiative. Although some special interests that have been thwarted by the legislature still advocate the initiative as the only available means of enacting their programs into law, most of those familiar with the lawmaking process oppose it. These critics recognize that most public policy issues are too complicated to be condensed into ballot questions requiring yes of no votes. The recent experience of some states that employ the initiative appears to favor the opponents of the technique. California voters, for example, are barraged with a host of ballot questions every election year. Often these issues are distorted by expensive mass media campaigns of special interest groups intent on protecting or establishing narrow, self-serving concerns. Emotional advertising appeals launched late in the campaign may shift thousands of votes without providing any recourse to those who could undercut these arguments with facts. In this type of political atmosphere issues may be distorted and laws enacted that are harmful to the interests of most citizens. Proposals to place the initiative on the ballot have been filed in the Maryland General Assembly many times and have been unsuccessful. The Constitution of Maryland provides for The Referendum (Article XVI), but it has been used infrequently in recent years. MSBA 2002 POSITION: Oppose placing the Initiative in the Maryland Constitution. SAMPLE LEGISLATION:
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