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DC doesn't deserve the Initiative Amendment Act

A Resource Guide for the Community

What is the Initiative Amendment Act?

The Initiative Amendment Act (IAA) is a bill that was introduced in the DC Council in September 2023. The IAA would change the rules for ballot initiatives in DC to disqualify any initiative that depends upon an appropriation of money from Council to implement. This is absurd, because almost every possible ballot initiative would cost some amount of money to implement. In effect, the IAA would make it nearly impossible to propose a ballot initiative in DC.

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What's at risk?

DC residents have the right to make laws by passing ballot initiatives, and we have used that right to change policy in important ways. In 2014, we passed Initiative 71 by a huge margin to legalize marijuana. In 2022, we passed Initiative 82 by an even bigger margin to increase tipped workers' minimum wage. If Council passes the IAA, we will lose our ability to pass initiatives like these. The IAA is an attack on the tools of our democracy.

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Will the IAA take away our right to propose initiatives altogether?

This bill doesn't abolish the initiative process, but it does rule out any initiative that depends upon an appropriation to implement. It's hard to imagine an initiative that costs nothing to implement. Even an initiative to rename a street would require the government to buy new street signs — and if Council had to appropriate that funding, then the initiative would be disallowed.

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How does the IAA work?

Under the Home Rule Act, DC voters are not allowed to propose initiatives that "appropriate funds." This means that an initiative cannot tell Council how to spend money. Courts have said that this does not mean that initiatives have to be cost-free; rather, it's up to Council to decide whether and how to pay to implement initiatives that the voters approve. Now, the IAA would overturn this system and instead say that initiatives must be cost-free. That goes against the Home Rule Act and against decades of court rulings. It's anti-democratic, and it's unjust.

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📌 Go in depth: click here to read more about the legal questions surrounding the IAA.

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How does the IAA fit into attacks on ballot initiatives nationwide?

In the past few years, politicians in a number of states have attempted to diminish the voters' right to propose ballot initiatives. They have tried to raise the number of signatures required to get an initiative on the ballot, increase the approval percentage for passing an initiative, impose filing fees, and give legislatures the power to overturn passed initiatives. Read about this disturbing trend in this recent report from the Brennan Center. Our DC politicians should not be participating in this anti-democratic trend. We already lack proper representation and other democratic rights in the District. Our own Council should defend and expand our rights — not take away more of them.

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How can I speak out against the IAA?

The most important thing to do right now is to contact your Councilmembers. They need to understand the danger that the IAA poses. See the toolkit below for a sample message as well as email addresses for your Councilmembers.

Our Call to Action & Toolkit

Write to your Councilmembers today!

At this stage, the​ most critical action you can take is to write to your Councilmembers and their staff to raise awareness about the IAA. The bill has had one reading in committee, and it will be scheduled for markup (debate and amendment) sometime soon. We need the members of the committee considering the bill (the Committee on Executive Administration and Labor) to know that DC residents do NOT agree with the IAA's plan to gut the initiative power.

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Where do I write?

All residents of DC should contact the at-large member, Councilmember Kenyan McDuffie, who sits on the committee (kmcduffie@dccouncil.gov). Please CC his chief of staff (dparks@dccouncil.gov) and legislative director (dcrawford@dccouncil.gov).

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If your ward Councilmember is also on the committee, please contact them in addition to CM McDuffie:

[Look up your ward here.]

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What should I say in my email?

Here is a sample email that you can borrow from, or use the whole thing if you like.

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Dear Councilmember,


I am writing to ask you to VOTE NO on a dangerous piece of anti-democratic legislation before the Council: the Initiative Amendment Act (B25-0475).


In a democracy, we the people have the right to drive public policy. Here in the District, one of our tools to do so is the ballot initiative. The Initiative Amendment Act, introduced last year by Councilmembers Phil Mendelson and Anita Bonds, would nullify that power by barring initiatives that entail a “fiscal cost.” This is preposterous. Everything costs money. Almost any change in law or policy can be construed to involve a cost in its implementation.


As the DC courts have repeatedly ruled, going back decades, interpreting the law in this way would “effectively write the initiative process out of existence.”


All across the country, the people’s right to propose ballot initiatives is under attack. Politicians are making it difficult for initiatives to qualify for the ballot, and even harder for initiatives to pass. Will you be part of this disturbing, anti-democratic trend? Or will you defend this key tenet of DC voters’ democratic rights?


Please vote NO on the Initiative Amendment Act (B25-0475) when it comes before the Committee on Executive Administration and Labor for markup.


Sincerely,


[NAME]
[ADDRESS]

 

Remember to include a punchy subject line! Change yours so that your message is unique, but here are some ideas:

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Don’t take away our democracy: vote NO on B25-0475
Don’t diminish our democracy: vote NO on B25-0475
Please oppose the Initiative Amendment Act (B25-0475)
Vote NO on the Initiative Amendment Act (B25-0475)
Just VOTE NO on the Initiative Amendment Act (B25-0475)
Safeguard our democracy — vote NO on B25-0475
Preserve the people’s power — vote NO on B25-0475

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What else can I do?

Are you good at writing? Send a letter to the editor of a local newspaper. Are you active on social media? Make a post about the IAA and link others to this site to learn more and take action.

The Coalition Against the IAA

Advisory Neighborhood Commissions

ANCs have been speaking out against the IAA from the outset.

  • More than 50 Commissioners wrote an open letter to the Council on March 21, calling on the Council "to vigorously oppose this anti-democratic legislation" that would "effectively write the initiative process out of existence."

  • ANC 8F (Navy Yard) passed a resolution opposing the IAA on March 19.

  • ANC 2A (Foggy Bottom/West End) passed a resolution opposing the IAA on March 20.

  • ANC 1E (Park View/Howard University) passed a resolution opposing the IAA on March 27.

  • ANC 3D (Palisades/Spring Valley) unanimously approved a letter opposing the IAA on April 3.

  • ANC 1C (Adams Morgan) unanimously passed a resolution opposing the IAA on April 3.

  • ANC 1B (U Street/LeDroit Park) unanimously passed a resolution opposing the IAA on April 4.

  • ANC 5D (Trinidad/Gallaudet) passed a resolution opposing the IAA on April 9.

  • ANC 1A (Columbia Heights) passed a resolution opposing the IAA on April 10.

  • ANC 3B (Glover Park/Cathedral Heights) approved a letter opposing the IAA on April 11.

  • ANC 5F (Eckington/Edgewood) passed a resolution opposing the IAA on April 15.

  • ANC 3A (McLean Gardens/Cathedral Heights) unanimously passed a resolution opposing the IAA on April 16.

  • ANC 4D (Petworth/Brightwood Park) passed a resolution opposing the IAA on April 17.

  • ANC 6E (Shaw/Mount Vernon Square) passed a resolution opposing the IAA on April 18.

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Councilmember Janeese Lewis George (Ward 4)

Thank you, Councilmember, for taking a courageous stand against the IAA on Twitter:

Screenshot 2024-03-26 at 15.25.03.png

Community organizations

The following organizations have made clear their rejection of the IAA's attempt to gut DC voters' power to propose initiatives.

  • Business for Democracy issued a statement on March 26 calling the IAA "foundationally wrong, unnecessary, and anti-democratic."

Press Mentions

News clippings

We need to draw more attention to the IAA! Here's where it's been mentioned so far:

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Help us attract press attention

  • Write an email to a local paper, TV station, or other outlet. Check their "contact" or "about us" page for a newsroom email address or a tip line. (You can also look for a reporter's email address in their byline.) Ask the outlet to cover the IAA, a bill that would dramatically change the initiative process here in DC. You can refer them to this website for background and links.

  • Write a letter to the editor of a local paper, expressing your opposition to the IAA in your own words. Community voices are powerful and underrepresented!

  • You can also share with an editor the press release that ANCs published after releasing their open letter to Council about the IAA.

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