Act, Section 3-C
An initiative shall pertain to a matter of public policy relevant to the government jurisdiction to which it is applicable. The Sponsor shall determine the wording of the initiative. The Title and Summary shall be subject to the approval of the Electoral Trust.
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Comparison with State Initiative Law
Pre-circulation review of state-level initiatives is summarized in Waters (2003, p. 15):
NI4D adopts Illinois-style pre-circulation review. In Illinois, the title and summary are subject to approval by the Board of Elections. At this point, there is no judicial review (e.g., to determine constitutionality or whether there is a violation of the single subject requirement).
How the initiative appears on the ballot is called the "ballot title." Waters (2003, p. 16) provides a summary of state law:
Under NI4D, the deliberative committee may rewrite the initiative, setting a new ballot title (see Act, 3-I). If the deliberative committee does not modify the initiative then the circulation title (pre-qualification title) and the ballot title (the title appearing on the ballot) are the same.
Parrish Report
"Matters of public policy" is a broadly inclusive term incorporating policy decisions that may be reflected in a wide variety of documents, such as constitutions, charters, laws, ordinances and resolutions. The governmental jurisdictions covered by this act include federal, state, county and municipal governments or their equivalents (e.g., Parish). An initiative must be applicable to one, and only one, of these levels of government jurisdiction. So, for example, a single initiative could, if enacted, establish law at the state level, affecting every city in that state, if that were the desired intent, rather than have many individual city initiatives. At each governmental level, every law established is applicable in all jurisdictions subordinate to that for which an initiative is written.
Before an initiative can be accepted to begin the qualifying process, the Electoral Trust must approve the Title and Summary submitted by the Sponsor to ensure that the Title and Summary accurately reflect and describe the initiative in its entirety. The Electoral Trust, at its sole discretion, may determine that either the Title or Summary, or both, do not accurately reflect the content of the initiative, but it has no power to change either the Title or Summary. In this case, the Sponsor will have the opportunity to revise and resubmit the initiative, multiple times, if necessary. If differences between the Sponsor and the Electoral Trust are not reconciled by negotiation, the Sponsor may sue to require the Electoral Trust to fulfill its ministerial responsibility to approve the Sponsor's Title or Summary. In that event the court can, among other possibilities, specify the wording of the Title and Summary.
The entire reason for this point of control is to enforce the principle that there should be no surprises cloaked in a profusion of words while voters are enticed by innocuous language in an attractive but misleading Title or Summary
Feedback from the 2002 Democracy Symposium
The act no longer requires the sponsor to or prohibits the sponsor from preparing the Title and Summary. Prior to qualification, the Title and Summary must be approved by the Electoral Trust. After qualification, the Title and Summary may be modified by the deliberative committee.
The precise mechanism for evaluating the Title and Summary is not specified in the Act. The review process needs to be cheap and fast because anybody can submit an initiative. The poor Electoral Trust will probably receive many absurd initiatives shuffled with legitimate initiatives.
What will probably happen is that the Electoral Trust will recruit volunteers from the public to evaluate initiatives. To ensure accuracy, every initiative can be independently evaluated by three randomly assigned citizens. If all three citizen reviewers agree then the Title and Summary are approved (or rejected). If there is disagreement between the reviewers then the review process can be escalated to an Electoral Trust lawyer. The process might work something like that. It does not seem difficult to devise a workable process.
The Research and Drafting Service (Section 4-F-4) and the Public Hearing (Section 3-H) are intended to fully air the implications of a proposed law. The general approach taken by the National Initiative for Democracy is to foster good lawmaking by fostering education, not by trying to constrain initiatives to a certain type.
The difficulties in California are likely due to well documented weaknesses in California's initiative process. See chapter 3 of Center for Governmental Studies (2008). Switzerland has not encountered difficulty maintaining a balanced budget despite the direct democratic approach employed there. Also see John G. Matsusaka, Fiscal Effects of the Voter Initiative: Evidence from the Last 30 Years, 103 J. Pol. Eco. 587-623 (1995).