Gov. Martin O’Malley
State officials may consider tightening requirements for citizens to challenge legislation in referendums after residents upheld several such laws on state ballots during the fall elections.
While Gov. Martin O’Malley threw his support behind several referendums that ultimately passed, most notably legalizing same-sex marriage, the DREAM Act and table games, he recently suggested more stringent requirements would increase government efficiency. However, some Republicans see that as a means of stifling opposition.
“It is another step in strengthening the political machine that dominates the state of Maryland, a supermajority of liberal Democrats who consistently pass big government, big taxes and legislation that many people don’t agree with,” said Del. Patrick McDonough (R-Baltimore and Harford).
The state’s constitution dictates any signed bill can be put to a statewide referendum if 3 percent of the state’s voting electorate signs a petition for the cause. O’Malley has not offered any specific reforms to the process, though he hinted after the election that he’d like to see stricter requirements.
“It’s probably been made a little too easy,” O’Malley told local radio station WBAL in November. “I think we have been best served in our state in the over 200 years or more of our history by a representative democracy rather than plebiscites.”
More than two months have passed since the governor’s remarks, but according to his office, there is “nothing concrete” in the works to change the
referendum process.
“The governor has just said, generally, that he’d be open to having a conversation,” said Takirra Winfield, a spokeswoman for O’Malley.
Sen. Edward Reilly (R-Anne Arundel), the minority whip, said O’Malley should not seek to raise requirements.
“It’s very inappropriate to try to squash the activism of concerned citizens,” Reilly said. “The referendum process is available to every citizen who wants to organize over any issue, progressives or conservatives, whatever the issue is. … This is not a partisan issue.”
The process shouldn’t be made any more difficult than it already is, Reilly said. In fact, he supports two adjustments that would make it easier to force a referendum — lowering the minimum number of signatures needed and allowing “citizen-initiated” issues to be considered.
“The current level allows the weeding out of frivolous issues. It’s a high enough bar that it works,” he said.
While Del. Anne Kaiser (D-Montgomery) supports a more stringent process, she cautioned against taking reform too far.
“People elect their representatives to government to make votes and make tough votes, and make them not only with their personal opinions in mind,” she said.
It’s become too easy to force challenges to a vote, Kaiser added.
“It’s expensive,” she said. “With new technology, it’s relatively easy to get something on the ballot, and the voters supported the legislature in each case.”
November’s referendums were a clean sweep for the governor — for every issue he supported, the corresponding referendum passed. O’Malley should be content with the current process, McDonough said.
“I think it is hypocrisy for the governor and other liberal Democrats to be promoting online voting and other tactics designed to promote the idea that more people will vote, while at the same time hijacking the opportunity to vote with a petition,” McDonough said.
“All a petition does is bring an issue to the ballot where the voters decide, and quite frankly, the governor has won in his position on the referendum issues, which to me makes the governor a hypocrite,” he added.
Winfield rejected the idea that O’Malley’s support for reform is self-serving.
“This is not something that is self-motivated at all,” she said. “We’re always looking for ways to make government more effective and efficient.”
Although Democrats hold strong majorities in Annapolis, Winfield said the governor, if he ever pushed reform, would aim to do so in a bipartisan way.
“As he sees these barriers come up, he’s willing to have a conversation with those on both sides of the aisle about ways to reform this process,” she said.
If the assembly were to pass legislation making referendums tougher to bring about, it might come at Republicans’ expense — referendums are used only to challenge laws already passed by the General Assembly, which Democrats control.
The Democrats’ tight grip on the government, McDonough said, makes the current process especially important.
“If there’s any state in the country that has a need for a petition system,” he said, “it’s this state.”
