Act, Section 3-D
An initiative shall address one subject only, but may include related or mutually dependent parts.
- Login to post comments
You are leaving this website. The NI4D election is done on the secure, impartial and independent website votep2.us run by Philadelphia II
An initiative shall address one subject only, but may include related or mutually dependent parts.
Comparison with State Initiative Law
Waters (2003, p. 18) summarized subject limitations among state initiative law:
In comparison to state law, the NI4D single subject restriction is relatively permissive. For example, Florida has a strict single subject law and the supreme court is charged with evaluating compliance prior to petition circulation. The Florida approach has resulted in the qualification of very few initiatives, only 16 during 1976 to 2000. Another consequence is Increased load on the state supreme court.
Contrary to most state laws but similar to Idaho, NI4D has no restriction on subject matter. The lack of restriction of subject matter is consistent with the notion that the people are sovereign. The lack of restriction on subject matter is balanced by the deliberative committee (Act, 3-I) and by more demanding conditions (compared to state initiative law) for the enactment of constitutional initiatives (Act, 3-L).
Feedback from the 2002 Democracy Symposium
Jacob is attempting to make the single subject clause more lenient. However, the Act takes a difference approach to help initiatives survive judicial review. The Act provides a Research and Drafting Service (Act, Section 4-F-3) and permits the deliberative committee to refine the language of an initiative (Act, Section 3-I). It is expected that these drafting aids will facilitate the drafting of initiatives which are more difficult to attack via the judiciary than is currently possible via existing state-level initiative process which largely lacks these aids. In short, the Act facilitates better drafted initiatives instead of trying to finesse the language guiding judicial review.