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This report examines the key ingredients needed for states to take a first step in combating ballot measure fraud. There are additional improvements that could be made to strengthen the system even further, but findings show that many states are woefully behind in creating a system that is even adequate at defending the integrity of the system.
Most initiative states are ripe for initiative fraud, receiving grades of “D” or “F.” Unless significant changes are made, the petition circulators, companies, and sponsors that are inclined to cheat the system will continue to do so. In order for citizens to once again be confident in their state’s ballot measure processes, state legislatures need to take action before the 2010 signature gathering efforts begin in earnest. Additionally, those elected officials responsible for administering the existing flawed systems, chiefly Secretaries of State and Attorneys General, must be aggressive advocates for improving ballot integrity.
Two states, Colorado and Oregon, have scored significantly higher than the rest of the states that allow citizens’ initiatives. Both states have made significant improvements to their systems in the past few years, primarily spurred by demonstrable fraudulent activity in recent election cycles.
However, both states still score below 100% of the bare minimum needed to ensure that their ballot measure systems are protected from fraud. Both states should still continue to improve their systems by increasing the level of accountability required of initiative sponsors, more forcefully implementing existing penalties to further deter fraud, and increasing the resources of their Secretaries of State and Attorneys General to identify, stop, and punish any action that undermines the integrity of the system.
New initiative laws often need to be re-evaluated to make sure that they are as successful in preventing fraud as they were designed to be. Occasionally, after one or two election cycles, previous improvements to the ballot measure system need to be amended further.
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State by State Report Card 11
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