NEWS JOURNAL

[Delaware] Voters need initiative and referendum

By JEAN P. SKIBINSKI

Posted Sunday, December 10, 2006

COMMUNITY VIEW

The democratization of Delaware's government is long overdue.

It is time for the citizens of the First State to take back their right to make decisions, rather than allowing the Legislature to operate in secret under the mandate of a few individuals.

I closely follow the progress of certain legislation through the state legislative process, and communicate my approval through my elected representative and senator.

At times my representatives approve of legislation; other times they provide a rebuttal. Nonetheless, I expect the legislation to come to a vote in the Legislature, where the representatives vote in behalf of their constituents. This is the fair and democratic way.

But, alas, it is not the Delaware way. Instead, one individual has the power to refer legislation to a committee, where it is allowed to die without coming to the floor for a vote. This is because neither the House of Representatives nor the Senate is required by law to bring a bill to the floor of their respective chambers for a vote.

Bills addressing such important issues as mandatory sentencing languish at the will of committees or their chairmen.

We have created a dictatorship in Delaware, where one individual becomes the decision maker for the entire populace, without our voices ever being heard.

Isn't it interesting that the Freedom of Information Act applies to most of the workings of Delaware government, but is conspicuous by its absence in the rules of Legislative Hall. Why is this branch of government permitted to function in secret? Again, we are viewing dictatorial powers by the few.

First, Delawareans are denied access to information about the workings of the legislative branch by lack of FOIA access. Next, a few select individuals have the power to prevent legislation from coming to the floor for a vote by the representatives of the people.

We must change the Delaware Constitution, if necessary, to curtail such dictatorial powers.The way to do so is through the initiative and referendum process, which allows citizens to take action on important issues otherwise ignored in the legislative process.

A strict set of guidelines allows citizens to collect support through petitions signed by Delaware voters. When sufficient support is verified, proposed legislation can be handled in two ways: through the legislative process, or through a direct ballot during the voting process.

Without this right in Delaware, the voter is restricted from his right to participatory government.

Approximately half of the states provide for an initiative and referendum process in their constitutions, but not Delaware.

In fact, Delaware is the only state with no initiative process, and is the only state that does not allow its citizens to vote on amendments to its constitution.

This was not always the case. As early as 1906 Delaware voters overwhelmingly approved initiative and referendum, but the legislative process never followed through. Many efforts have been initiated since then, with no success. It is time for Delaware voters to take back their power.

Without initiative and referendum, the citizens have no recourse to bring an issue to an alternative vote.

"We the people" were not created to serve government. Government was created to serve "we the people." The individuals we elect to represent us are our employees. We are their supervisors. But somewhere in the process the roles have been reversed. Access to initiative and referendum will put power back into the hands of the people.

Perhaps a united effort by concerned citizens, Common Cause, the League of Women Voters, and other organizations working with public policy will make it possible to bring about the democratization of Delaware's Legislature.

It's certainly worth the effort. Who will join me in this cause?

Jean P. Skibinski, of Newark, is a member of The News Journal Community Advisory Board.