The District of Columbia (a political division coterminous with Washington, D.C.)The district has had a system of direct voting since 1979, shortly after it gained home rule in 1973. Residents have the ability to place new legislation, or legislation recently passed by the city council, on the ballot for a popular vote. The district has three types of ballot measures that can be voted on in a general election: District Charter amendments, initiatives and referendums. In order to be placed on the ballot, supporters of a measure must gather signatures from registered voters.
Since adopting this process, ballot measures have become a common part of the city's electoral system. more than 150 different initiatives had been filed with the district, along with a significantly smaller number of referendums; of those, only 29 have met the required qualifications to be placed on the ballot. Ballot measures have been used to legalize politically contentious policies such as local term limits, abolition of the tipped minimum wage, cannabis use, and advancements in the District of Columbia statehood movement.
Background Since the late 1800s, the residents of the District of Columbia have campaigned for control over their own affairs. In a substantial leap forward, the United States Congress passed the District of Columbia Home Rule Act in 1973, which devolved some of its powers to the city. Just a few years later in 1979, the newly formed city council passed the Initiative, Referendum, and Recall Procedures Act. This act created a process of direct democracy in which residents could enact their own laws or repeal existing laws.
The prominence of ballot measures has allowed Washington, D.C., to lead the nation in social issues. In 2014, residents approved Initiative 71, which legalized cannabis for recreational use, making the district the third U.S. jurisdiction behind Colorado and Washington state. The Entheogenic Plant and Fungus Policy Act of 2020 made the city the fourth U.S. jurisdiction to decriminalize entheogens. In 2022, voters approved Initiative 82, which eliminates the tipped minimum wage over five years, after an earlier initiative ultimately failed. It joined eight states in abolishing the practice.
Residents have also used ballot measures to expand their voting rights and (by extension) campaign for admitting the District of Columbia into the Union as the 51st state. An initiative in 1980 directed the D.C. government to begin the process of moving towards statehood due to the stalled and limited-in-scope voting rights amendment. Voters made the Attorney General for the District of Columbia an elected office beginning in 2014. An advisory referendum in 2016 showed that nearly 90 percent of residents support statehood, and it directed the D.C. Council to make formal statehood petitions to Congress.
Types of ballot measures District Charter amendments District Charter amendments are changes to the District of Columbia Home Rule Charter, the law that established the D.C. government and its authority. They require a majority vote to pass the D.C. Council, a majority of voters to approve the amendment, and then are submitted to Congress for a 35-business day congressional review period. If Congress does not pass a resolution of disapproval, the amendment is adopted.Code of the District of Columbia § 1–203.03. Retrieved January 19, 2023.
Initiatives Initiatives are measures placed on the ballot and, if passed, directly become law. They must meet specific requirements under the District Charter, including not authorizing discrimination or appropriating funds. In order to place an initiative or referendum on the ballot, supporters must file a proposal with the District of Columbia Board of Elections. Upon approval, there is a 10-day challenge period before supporters can begin gathering signatures. To be placed on the ballot, signatures equal to five percent of registered voters must be gathered.
Referendums There are two types of referendums in the District of Columbia: Referendums are measures that seek to overturn or repeal laws recently-enacted by the D.C. government. Referendums are subject to the same requirements as initiatives. Advisory referendums are questions to gauge public opinion on a potential action of the D.C. Council.Code of the District of Columbia § 1–204.12.(b) Retrieved January 19, 2023.
Barriers to enactment The D.C. government has concluded that approved ballot measures become self-enactingmeaning the government does not need to take action, such as an approving signature or proclamation, for the measure to take effect. However, many approved ballot measures have been invalidated by either the D.C. Council or Congress, much to the frustration of residents.
D.C. Council The Initiative, Referendum, and Recall Procedures Act gives the D.C. Council the power to reverse voter-approved initiatives, as it did in 2001 regarding term limits (Initiative 49) and in 2018 regarding the tipped minimum wage (Initiative 77).
Congressional intervention Congress has ultimate authority over the district, including its budget. As a result, members of Congress, who do not represent the district and are not accountable to them, often add little-noticed clauses and amendments to the budget in order to manipulate or block the implementation of the city's laws. Two ballot measures were interfered with using this method: Initiative 59, which legalized cannabis for medical use, was blocked via the Barr Amendment, named after Congressman Bob Barr. It even prevented the D.C. government from counting the results of the ballot measure vote for over a year. The amendment remained in effect until Congress voluntarily overturned it in 2009. Initiative 71, which legalized cannabis for recreational use, was manipulated with a rider written by Congressman Andy Harris. It blocks the D.C. government from regulating the sale of cannabis, creating an unregulated gift economy. The rider remains in effect
Initiative 77 was threatened by an amendment written by Congressmen Mark Meadows and Gary Palmer to block it from taking effect. The amendment did not appear in the final enacted budget bill; it was instead repealed by the D.C. Council.
List of ballot measures since 1979 Year Measure nameDescription Status Yes votes No votes 1980Initiative 2 An initiative to legalize some forms of gambling, including a lottery, bingo, raffles, and some sports betting 14,871 (39.23%)23,032 (60.77%) Initiative 3An initiative to begin the process of moving the District of Columbia to statehood 90,533 (59.7%)60,972 (40.2%) Initiative 6 An initiative to legalize some forms of gambling for charitable purposes 104,899 (63.6%)59,833 (36.3%) 1981Initiative 7An initiative to provide tuition tax credits for public education 8,904 (10.76%)73,829 (89.24%) 1982Initiative 9An initiative to require a mandatory minimum prison sentence, without the opportunity for parole, for people convicted for some crimes 82,238 (72.25%)31,579 (27.75%) Initiative 10An initiative supporting a nuclear freeze between the United States and the USSR 77,521 (69.91%)33,369 (30.09%) 1983Initiative 11 An initiative to require the preservation of the historic Rhodes' Tavern and protect it from development 22,114 (59.68%)14,938 (40.32%) 1984Initiative 17 An initiative to guarantee a right to adequate overnight shelter for homeless people 109,080 (72.12%)42,159 (27.88%) 1985Referendum 1 A referendum to maintain rent control provisions for some kinds of housing 22,920 (50.82%)22,183 (49.18%) 1987Initiative 25An initiative stating that the funding of public education is a high priority and requiring the government adhere to a schedule of public hearings for public education funding 54,729 (77.14%)16,223 (22.86%) Initiative 28An initiative to require beverage retailers provide a five-cent refund for all cans and bottles returned 42,574 (55.00%)34,834 (45.00%) 1990Referendum 5A referendum to guarantee a right to adequate overnight shelter for homeless people 60,734 (48.72%)63,913 (51.28%) 1991Initiative 31An initiative to ban horse-drawn carriages from operating on public streets 19,429 (38.00%)31,403 (62.00%) Referendum 6A referendum to hold gun manufacturers liable when use of their weapons results in pain, death, or medical expenses 40,196 (77.00%)11,692 (23.00%) 1992Initiative 41An initiative to limit individual contributions for local elections 122,502 (64.70%)66,843 (35.30%) Initiative 43An initiative to authorize the death penalty for local inmates convicted of first-degree murder 66,303 (32.86%)135,465 (67.14%) 1993Initiative 37An initiative calling for the United States and former members of the USSR to denuclearize and direct funding towards human services 41,702 (56.26%)32,422 (43.74%) 1994Initiative 49An initiative limiting the mayor, councilmembers, and school board members to two consecutive terms 83,865 (62.00%)52,116 (38.00%) 1996 Initiative 51An initiative to allow residents to challenge commercial property assessments 110,523 (80.00%)27,982 (20.00%) 1998 Initiative 59An initiative to legalize the possession, cultivation, and distribution of cannabis for medical reasons 75,536 (69.00%)34,621 (31.00%) 2000Charter Amendment 3A charter amendment reducing the size of the State Board of Education from eleven members to nine members 20,511 (51.00%)19,668 (49.00%) 2002Initiative 62An initiative to allow some nonviolent drug offenders to go through a treatment program rather than drug courts 86,162 (78.17%)24,063 (21.83%) 2010Proposed Charter Amendment IVA referendum to make the D.C. attorney general position an elected office 90,316 (75.78%)28,868 (24.22%) 2012Charter Amendment VCouncil may, by a 5/6 vote, expel a Councilmember.Passed22,452 (85.94%)36,883 (14.06%)2012Charter Amendment VIMakes ineligible to serve any Councilmember convicted of a felony while in officePassed204,986 (77.61%)59,144 (22.39%)2012Charter Amendment VIIMakes ineligible to serve any Mayor convicted of a felony while in officePassed206,813 (78.35%)57,132 (21.65%) 2013Proposed Charter Amendment VIIIA referendum to grant Washington, D.C., budget autonomy from the United States federal budget 46,788 (86.33%)7,411 (13.67%) 2014Initiative 71An initiative to legalize the possession and cultivation of cannabis for personal use in small amounts 115,050 (70.06%)49,168 (29.94%) 2016Advisory Referendum BA referendum approving a state constitution and encouraging the D.C. Council to petition Congress to admit the District of Columbia as the 51st state 244,134 (78.48%)40,779 (13.11%) 2018Initiative 77An initiative to increase the minimum wage for tipped employees to the same level as non-tipped employees 47,230 (55.74%)37,504 (44.26%) 2020Initiative 81An initiative to require police to treat entheogenic plants and fungi as a lowest-priority offense, a form of effective decriminalization 214,685 (76.18%)67,140 (23.82%) 2022Initiative 82An initiative to increase the minimum wage for tipped employees to the same level as non-tipped employees 132,925 (73.94%) 46,861 (26.06%) 2024Initiative 83 An initiative that would permit ranked-choice voting and open the primary elections to independent voters. 212,332 (72.89%) 78,961 (27.11%)
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References
External links D.C. Board of Elections: Initiative Measures and Referenda