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The tools of direct democracy-the initiative, the referendum, and the recall-developed as ways to amplify the voices of ordinary people and to counter the influence of entrenched interests with clout to shape the traditional legislative process.1 Advocates of direct lawmaking sought to establish an alternative mechanism to allow populist movements to place items on the public agenda. Direct legislation could bypass state legislatures that were seen as the corrupt tools of financially well-endowed interest groups, corporations, and individuals. As it becomes apparent that well-financed entities with powerful influence in state legislatures and Congress also now dominate the domain of popular lawmaking,2 reformers are proposing to restructure the initiative process3 in ways consistent with its historical objectives.
Scholars have studied the role of money, and the disproportionate influence of well-financed groups and individuals, in the context of campaigns relating to ballot questions.4 They have uniformly concluded that money plays a large role in such campaigns, particularly when it is spent to defeat ballot questions.5 This Article will explore a related issue: the importance of money in the initial phase of direct democracy when proponents seek to qualify an initiative for the ballot.6 The link between money and ballot access is stronger than the connection between wealth and electoral outcomes in direct democracy. Individuals and groups with substantial financial resources can buy their way onto the ballot.7 A wellstocked political war chest is a sufficient condition for advocates to gather the signatures required to qualify a question for the ballot. Moreover, money increasingly appears to be a necessary condition for access; in a growing number of elections, the only proposals presented to the people are those that qualify with the help of well-compensated political consultants.8
In Part I, I present the argument that individuals and wealthy groups have a disproportionate ability to place initiatives on the ballot. The importance of obtaining ballot access should not be underestimated. Even if the proposition fails, a group can use the electoral campaign and the accompanying publicity to place its issue on the public agenda, making the issue salient to national and state lawmakers. In the case of issues that are already highlighted for policymakers, the perception that qualification demonstrates popular support can allow a group mounting a successful signature drive...