
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: SATURDAY, April 9, 1994                   TAG: 9404110131
SECTION: EDITORIAL                    PAGE: A7   EDITION: METRO 
SOURCE: MARY TAYLOR
DATELINE:                                 LENGTH: Medium

VIRGINIANS SHOULD TAKE THE INITIATIVE (AND THE REFERENDUM)

IN YOUR Feb. 12 editorial, ``Initiative and referendum? Bad idea,'' you gave five reasons why it's undesirable for Virginians to have initiative (the right of citizens to propose laws by petition and vote them directly into law) and referendum (the right to change or remove existing laws through the petition/ballot process). I disagree for the following reasons:

It cannot be concluded with certainty that scrutiny and amendment in themselves are favorable to public policy without looking at the effects of change on specific laws. Initiatives in many states are reviewed by legislative counsel or an attorney general for clarity, constitutionality and brevity.

It's the role of the citizen in direct democracy that's protected by initiative and referendum. It is, in essence, a substantive right that finds its legitimacy in the very foundation from which the legislature itself derives its authority, the Constitution of Virginia. The constitution states that the General Assembly's power derives from and resides with the people. Whether or not conflicting measures appear on the ballot, voters will decide. All laws, whether passed by a legislature or by initiative, are subject to judicial review, and should be.

While compromise is said to be the essence of politics, it doesn't always result in the best public policy. The political history of the United States in the 20th century is a battlefield on which lay casualties of compromise over sound lawmaking.

Contrary to your view, ultimate accountability rests with citizens. Initiative and referendum permit them to fulfill their duty more directly and efficiently. Voters aren't stupid. They know that they pay the bills and shoulder the consequences. In a nation governed by law, each citizen must take the necessary action to correct a bad law, either by electing new representatives, or, through initiative and referendum, by amending, removing or replacing the bad law.

It can hardly be disputed that money influences legislative outcome as well as election outcomes. The legislative process is secretive and often accomplished behind closed doors and away from public scrutiny. At least with initiative and referendum, with properly crafted processes providing voter information and disclosure of funders with all advertising, one can know who the bullies and bastards are.

Successful initiative and referendum would allow for grass-roots initiatives. At present, while many legislators mouth support for initiative and referendum, they would impose unreasonably high requirements for initiatives to be placed on the ballot. Many of the commonwealth's legislators would require that, prior to an initiative being placed on the ballot, 10 percent to 20 percent of registered voters sign the petition. These high percentages would guarantee the control of the initiative process by monied interests who can afford to pay full-time circulators, and would effectively exclude citizens' groups from participating in the legislative process intended by initiative and referendum.

This newspaper has done a great service in raising the question of how to reform the election process. Please give initiative and referendum a full forum before deciding to condemn a process with so much positive potential.

Mary Taylor of Herndon is secretary and one of the organizers of We the People of Virginia.

by CNB