Is There a War on Direct Democracy? Legislative Efforts to Restrict the Citizen's Initiative Process, 2018–2024

Abstract Over the past several years, many observers have derided the so-called war on direct democracy being waged by mostly Republican state legislators in response to successful efforts by Democratic-aligned groups to enact Medicaid expansion, marijuana legalization, minimum wage, and abortion rights proposals. Scholars working at the intersection of direct democracy and representative government have examined legislators' attitudes about the philosophy and practice of popular votes, when and why they attempt to restrict direct democracy, and their responses to successful initiatives. While some contend that recent developments represent an attack on direct democracy, others question whether this narrative is overstated or mischaracterized. This article examines recent reform efforts in the American states to assess the extent and nature of these claims. First, I show that attempts to change initiative rules are not at all new but are part of a long-running effort by state lawmakers to constrain and manage the use of direct democracy. Second, I draw upon Ballotpedia data detailing changes to laws governing ballot measures from 2018–2024 to argue that many recent restrictions are consistent with rules in other states or have been struck down as unconstitutional or rejected by voters. Finally, the article encourages broader reflection on the philosophical underpinnings of direct democracy, contending that it might be viewed not as inimical to but as complementary to representative democracy. Common-sense restrictions and guardrails may reflect partisan considerations while at the same time enhancing policy stability, safeguarding democratic norms, and protecting minority rights.