Thinking about how the 2017 Australian Marriage Referendum was carried out, besides the impact it had on LGBT mental health (like these sorts of referenda so often have). But officially, it was not a referendum: it was carried out by the federal government entirely by mail, it did not have the force of law, was not subject to Australia’s mandatory voting law, and did not need enabling legislation to be conducted. Yet, the federal government in Australia did make use of Australia’s national voter database to send the survey out, and a deadline was selected for citizens to register to vote in order to participate.
Technically, the United States federal government could carry out a national postal survey, mostly bypassing the states. However, it would have to be carried out with voter rolls purchased from the states.
Currently, besides the consultations carried out by federal agencies as required prior to approving or rescinding a rule, the only existing federal attempt at direct democracy is the “We the People” petition site. I wonder if the Biden admin will improve on this site or let it languish as it has.
- It only requires that someone create a whitehouseDOTgov account in order to create a petition, and it doesn’t even require one to be signed in in order to sign a petition. Signers should be signed-in first.
- There is no verification of identity in order to create an account. I’d tie it to one’s social security number and that one be a registered voter in one’s state in order to create an account.
- The only response that could currently be asked for is a statement from someone in the White House if it reaches 100k signatures in 30 days. If it were to reach 1 million signatures within, say, 60 days, a higher response should be required. And if a certain threshold of signatures were reached, such as 8% of popular vote turnout in the last presidential election, a national non-binding postal survey on the petition question should be triggered.
- Require two-factor authentication for accounts.