ACT reaffirming the inherent political power of “We, the People”
under the Constitution of the United States and establishing
procedures and an administrative organization for the direct
legislative use of that power by initiative; and adding to the Federal
IT ENACTED BY THE
PEOPLE OF THE UNITED STATES:
act shall be known
and may be cited as the Direct Democracy Initiative.
the People of the
United States of America, inherently possess the sovereign power to
govern ourselves. We asserted this power in our Declaration of
Independence and exercised it in the ratification of our Constitution.
the People, choose to engage directly in the collective
self-governance acts of legislating policies, laws, and amendments.
Heretofore, by action of the Framers of our Constitution, we delegated
elements of our political power to elected representatives and their
appointees for its application in the legislative, executive and
judicial functions of government. In this age of technology, to limit
the use of our political power only to its delegation is unnecessary
the People, choose to exercise our legislative power directly
through the use of the initiative procedures and the ministerial
institution herein established, together with the exercise of the
political power we delegate to our elected representatives in every
government jurisdiction of the United States.
We, the People,
citizens of the United States, exercising our constituent political
power, enact this Direct Democracy Initiative as federal law.
3. INITIATIVE DEMOCRACY.
Direct Democracy Initiative is enacted by We, the People, in an
initiative process similar to that employed in the ratification of the
United States Constitution. Our authority to enact this Direct
Democracy Initiative in a similar manner herein defined emanates from:
sovereignty of “WE, THE PEOPLE.”
stated in the Declaration of Independence and in the Preamble of the
United States Constitution and clearly implied in Amendments IX and X
of the Bill of Rights, We, the People, are sovereign to the
governments we establish.
drafted in 1787 in Philadelphia, the constitutional document, which
proposed to create a new federal government, did not have the force of
law. The document contained a self-enactment procedure in Article VII
that specified direct ratification by We, the People, thereby making
the Constitution the law of the land. Similarly, in the absence of
federal electoral procedures, this Direct Democracy Initiative
contains a self-enactment procedure in Section 7, whereby We, the
People, enact this Direct Democracy Initiative as federal law.
procedures, effectively establishing the electorate as a
“Legislature of the People,” shall include, but are not limited
to, the following:
FORMAT AND SUBJECT.
initiative shall be composed of a title, a “short title” which
shall accurately describe the initiative’s contents, a preamble in
which the reasons for the initiative shall be stated, and the complete
text representing what the initiative proposes. An initiative shall
pertain to matters of public policy relevant to the political
jurisdiction to which it is addressed. An initiative shall address
only one subject, but may include related or mutually dependent parts.
Initiative sponsors shall determine the text of the initiative, the
title, and the “short title.”
initiative, excluding its preamble and language that repeats existing
law, may contain more than five thousand words.
initiative may qualify for election in the relevant jurisdiction by
any one of the following methods:
legislative body of the relevant jurisdiction (federal, state or
local) may approve an initiative submitted by its sponsors for an
(2) Citizen Petition.
Initiatives that propose laws, changes to laws, or expressions
of public policy shall qualify for election if a petition is signed by
a number of registered voters within the appropriate jurisdiction
equal to at least two percent of those voting in the last presidential
election. Initiaitves that propose changes to constitutions or
charters shall qualify for election if a petition is signed by a
number of registered voters within the appropriate jurisdiction equal
to at least five percent of the number voting in the last presidential
election. The time period allotted to gather qualifying petition
signatures shall not exceed two years.
(3) Public Opinion
Poll. Initiatives that propose constitutions, charters or laws; or
changes to constitutions, charters or laws; or expressions of public
policy shall qualify to have an election if at least fifty percent of
the respondents in an acceptable public opinion poll express
their willingness that the initiative be voted upon. Poll respondents
must be qualified as registered voters within the relevant
jurisdiction. To qualify by this method, initiatives, when filed with
the Electoral Trust, Section 5. Below, shall be accompanied by a
complete polling plan. The poll questionnaire shall be reviewed to
determine its relevance with respect to the subject of the initiative
and the balanced nature of its wording. The Electoral Trust must
approve the polling plan and the organization that will conduct the
poll prior to the official poll.
Electoral Trust, after an initiative qualifies for election, shall
require and/or conduct public hearings in conjunction with the
sponsors and the legislative body of the relevant jurisdiction. The
testimony of ordinary citizens, proponents, opponents and experts
shall be solicited on the initiative.
Electoral Trust shall organize and convene a committee for each
initiative of randomly selected ordinary citizens from the relevant
jurisdiction. The committee shall review the transcript of the
hearings, deliberate the merits of the initiative, and prepare a
written report of its deliberations and recommendations.
The committee can amend the text of the initiative by
two-thirds vote so long as the amendments are consistent with the
explicit purposes and intent of the initiative.
initiative with the hearing record and the deliberative committee
report shall be transmitted to the legislative body of the relevant
jurisdiction. The legislative body shall conduct a public roll-call
vote on the initiative within ninety days. The vote of the legislative
body is non-binding and serves as a recommendation to the citizens of
initiative is enacted and assumes the force of law or a statement of
public policy if approved by more than half of the registered voters
voting in an election scheduled and subsequently validated by the
Electoral Trust. Initiatives that modify constitutions or charters
shall require affirmation by a simple majority in two elections
separated by at least six months. An initiative that fails in either
election cannot be reconsidered without re-qualification under Section
4. C. An initiative that receives more than fifty percent of the votes
in the first election shall be scheduled for a final vote in a
ACTION ON INITIATIVE LAWS.
amend or change any policy or law enacted by initiative during the
first two years following the initiative’s effective date, the
legislative body of the relevant jurisdiction shall require a
two-thirds vote of its members. Thereafter, a simple majority may
modify a policy statement or law enacted by initiative.
shall exercise judicial restraint, except in the case of fraud, with
respect to initiatives prior to a decision by the people in an
election. However, after the people have enacted an initiative into
law, the courts, when requested, shall determine the constitutionality
of any initiative law. Initiatives that change the Constitution of the
United States, absent fraud, are not subject to judicial review.
effective date of an initiative, if not specified in the initiative,
shall be forty-five days after its approval by the voters.
names of those persons, their organizational affiliations, if
appropriate, or the names of the organization, their chief executive
or chief policy officer, their addresses and telephone numbers,
registered as initiative sponsors or deemed by the Electoral Trust to
be sponsors shall appear on the face of the initiative, the petition,
and on any printed matter advocating the initiative, and shall be
conspicuously announced or displayed in any poll or broadcast media.
names of those persons, their organizational affiliations, if
appropriate, or the names of those organizations, their chief
executive or chief policy officers, their addresses and telephone
numbers, deemed by the Electoral Trust to be significant opponents of
an initiative, shall appear on the face of any printed matter
regarding the initiative, and shall be conspicuously announced or
displayed in any broadcast media.
is the intent of this law that only persons are entitled to contribute
funds or property in support of, or in opposition to, an initiative.
Contributions from corporations, industry groups, labor unions,
political action committees (PACs), and associations are specifically
prohibited. Such entities are prohibited from coercing employees,
stockholders, clients, customers, or members to contribute funds in
support of, or in opposition to, an initiative. The making of or the
inducement of others to make a prohibited contribution is a felony,
punishable by one year in prison or a fine not to exceed one hundred
thousand dollars, or both, per instance, applied to each person found
guilty of the violation. The recipient of the contribution in
violation of the law shall forfeit to the relevant government the
amount in violation.
disclosure report by the sponsor shall be filed with the Electoral
Trust along with an initiative. Subsequently, sponsors and opponents
shall file disclosure reports every sixty days
during the period prior to the initiative’s election. Final reports
shall be filed fifteen days prior to the date of the election after
which no additional funds may be contributed or debts incurred. The
reports shall identify sponsors, proponents and opponents who have
donated in excess of one hundred dollars, and detail both current and
deferred contributions and expenditures. The identification of donors
shall include name, address, duration at the address, phone number,
employment, relevant organizational affiliations, and the amount
donated. All reports, when filed, shall be made public. Failure to
file a report on its due date or the willful filing of false
information shall be a felony punishable by one year in prison or a
fine not to exceed one hundred thousand dollars, or both, per
instance, applied personally to each person who is found guilty of the
Electoral Trust shall provide at public expense information about the
initiative within the relevant jurisdiction. The
Trust shall prepare an information pamphlet for each qualified
initiative with a balanced pro and con analysis of the subject, its
implications, as well as its expected economic impact, and statements
by proponents and opponents. The pamphlet shall include the report of
the deliberative committee and the roll call of the advisory vote
taken by the legislative body of the relevant jurisdiction. The
pamphlet shall be published on the Electoral Trust’s web page or
some equivalent universally accessible medium. The pamphlet shall be
mailed in sufficient time to reach voters at least fifteen days prior
to the election of an initiative.
The information in the pamphlet shall be summarized and
conspicuously published in newspapers of general circulation in the
relevant jurisdiction at least once during the fifteen-day period
prior to the election. Similarly,
the information contained in the pamphlet shall be produced as video
and radio programs to be aired during the same fifteen-day period, on
television and radio stations licensed to broadcast in the relevant
Electoral Trust is hereby established to administer the Direct
Democracy Initiative. It is authorized to perform its ministerial
tasks in every government jurisdiction of the United States. A Board
of Trustees and a Director shall govern the Electoral Trust.
Electoral Trust shall implement this Direct Democracy Initiative so as
to enable We, the People, to exercise our legislative political power
registration shall be made as simple and automatic as possible, with
the goal of universal lifetime registration of eligible voting-age
Being Informed. Fair
and balanced information on all initiatives qualified for election
shall be presented to voters in the relevant jurisdictions in English
that is easy for all citizens to understand.
act of voting shall be made as convenient and as easy as possible for
all citizens registered to vote, including the non-reading, disabled,
hospitalized, home-bound, and indigent.
Board of Trustees shall be composed of the Secretary of State or the
elected official charged with the conduct of elections of all the
States and the Director. The Board shall establish and oversee the
policies for the operation of the Electoral Trust, shall draw up
bylaws and procedures to govern the Board’s activities, and shall
establish the compensation of the Director. The Board shall meet at
least once a year and may, from its number, appoint an executive
committee to meet more frequently.
Director shall be appointed by the President of the United States and
confirmed by a majority vote of the Trustees. The Director shall serve
for a term of four years and may be re-appointed for an additional
four years. No person shall serve more than eight years, consecutively
or in separate terms. The first Director of the Electoral Trust
appointed hereby for the first term, shall be the President of
Philadelphia II, a California nonprofit corporation. The Director
shall serve as Chair of the Board of Trustees and shall be responsible
to the Board for the day-to-day operations of the Electoral Trust and
the implementation of the Direct Democracy Initiative.
Oath or affirmation of office.
of the Trustees and the Director, and every senior staff member shall
execute the following oath of office as a condition to their service:
(name), (swear or affirm) that I shall defend and uphold to the best
of my ability the Constitution of the United States and the sovereign
right of the people of the United States in the exercise of their
Electoral Trust shall organize itself to fulfill its mission by
developing policies, procedures, and regulations to process
initiatives and administer initiative elections. It may select and
contract for working facilities, hire staff, and prescribe their
duties and compensation. The Electoral Trust may apply for and receive
funds, incur debt when necessary, and act in a responsible manner as
any independent fiduciary agency.
Existing Law. In fulfilling its duties, the Electoral Trust shall
follow the appropriate laws and regulations of the United States that
do not conflict with its mission. In every jurisdiction a law that is
in conflict with this Act is superseded by this Act.
(2) Voter Registration.
The Electoral Trust shall develop simplified, voter
registration procedures and requirements aimed at universal lifetime
registration, which shall be usable in every government jurisdiction
where the voter is a legal resident. While voter registration lists
shall be a matter of public record, a person’s personal data,
including voting history, shall be private.
Drafting Service. The
Electoral Trust shall establish and operate a research and legislative
drafting service for the use of citizens seeking assistance in
(4) Hearings and Deliberative Committees. The
Electoral Trust shall organize hearings to receive testimony and
convene deliberative committees to deliberate on qualified
Electoral Trust shall supply hearing officers and deliberation
counselors to manage the procedural requirements of hearings and
(5) Public Information Service.
The Electoral Trust shall develop the means, procedures and
regulations to facilitate the communication of timely, fair, balanced,
and pertinent information on the subject of initiatives to be conveyed
to the voters of relevant jurisdictions by all efficient media.
Integrity. The Electoral Trust shall develop the means, procedures
and regulations to guarantee the integrity of elections. This shall
include but need not be limited to the Electoral Trust’s monitoring
of initiative election campaigns and expenditures to see that public
opinion is not improperly influenced.
(7) Voting Methods.
The Electoral Trust shall take advantage of contemporary
technology in developing voting procedures for national, state and
local initiative elections to facilitate citizen participation.
are hereby appropriated from the treasury of the United States to the
Electoral Trust sums necessary for the Trust to organize itself and
begin the performance of its duties, pursuant to Article I, Section
9(7) of the United States Constitution. There is are also hereby
appropriated sums to repay loans incurred by Philadelphia II, a
non-profit 501 C-4 public benefit corporation organized under the laws
of the State of California, that are certified by the Electoral Trust
as bona fide loans whose proceeds were used to pay the cost of
producing, printing and broadcasting communications to inform the
people about this Direct Democracy Initiative, and the cost of
printing and distributing Enactment Ballots in the conduct of a
national “constituent power” election. Hereafter, appropriations
shall be made to the Electoral Trust as an independent agency of the
United States Government.
6. ENACTMENT BALLOT.
print or enter your name as you are registered to vote.)
Name:_____________________________ First Name:___________________
Phone: (_____) ______-______________
I certify that I am a registered voter of
in the State of _____________________________.
Having received a copy of the Direct Democracy
Initiative and understanding its contents, I HEREBY VOTE TO ENACT
THE DIRECT DEMOCRACY INITIATIVE AS A FEDERAL LAW. I
understand that I may change my vote at anytime prior to the
certification of the results of this election by calling:
1-800-000-0000 or Email: mmmmmmm.
Signature of Registered Voter
Direct Democracy Initiative measure shall be presented to the United
States electorate by direct contact, mail, print media, and/or the
Internet, and voted upon by executing the ballot form in Section 6.
When the number of ballots executed by registered voters and
received by Philadelphia II is greater than fifty percent of the total
number of ballots cast in the last presidential election just prior to
certification, this Act shall become a federal law effective on the
date of certification by the President of Philadelphia II to the
President of the United States, the Speaker of the House of
Representatives and the President of the Senate. Should this Direct
Democracy Initiative fail to receive a sufficient number of ballots to
qualify it for enactment within seven years of the date Philadelphia
II commences formal balloting, this balloting process is terminated.
directly to the Philadelphia Two web site for much more information
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