Pubdate: Tue, 3 Nov 1998 Source: International Herald-Tribune Page: 2 Contact: http://www.iht.com/ Copyright: International Herald Tribune 1998 Author: Sam Howe Verhovek, New York Tirnes Service Note: One of only two articles in the IHT that even mentioned the med marijuana referendums. No mention of Congress suspending the DC result, etc. STORMY 'WHETHERS' CONFRONT VOTERS Referendums Range From Abortion To Casinos To Cigarette Taxes SEATTLE---For Washington state residents who step into their polling places Tuesday, deciding whom to vote for may be the simple part. The harder part is all the "whethers": whether to ban most forms of statesponsored affirmative action; whether to approve the use of marijuana for medical purposes; whether to make it a felony to terminate "a fetus's life during the process of birth, " and whether to raise the state's minimum wage arid, for the first time in any U.S. state, require automatic increases in that wage tied to the inflation rate. In California, voters have another dizzying array of choices, including a measure to expand Indian casino gambling that has sparked the most expensive campaign baffle over a ballot initiative in U.S. history. In many other states, there are constitutional questions. Several states have "mini-Equal Rights Amendment" measures on their ballot requiring more gender-neutral language in their constitutions. South Carolinians will decide whether to remove a 103-year-old passage in their constitution that forbids marriage between a white person and a black person, a provision that the U.S. Supreme Court has already ruled unenforceable. In South Dakota, voters will decide whether to change a technical oddity in that state's constitution that allows any: one as young as 2 years old to be elected governor. No toddler has ever managed to get elected to the post, but if voters agree, the official minimum age will be changed to the presumably more sensible age of 21. And in Oregon, voters will go to the polls to decide, well, whether they will ever go to the polls again. If Oregonians approve an initiative on the ballot, and they are widely expected to do so, all future elections in the state will be conducted entirely by mail. Exactly 100 years after South Dakota became the first state in the union to allow direct citizen lawmaking through a process generally known as "initiative and referendum," voters around the nation face many such measures this week, with the battles around some of them so intense that they have generated at least as much attention as congressional races. All told, citizens in 16 states will decide on 61 such initiatives Tuesday, while more than 170 other measures will deal with constitutional amendments and bond issues, according to the Initiative and Referendum Institute, a nonprofit organization based in Washington that tracks the measures. About half of the 50 states---most of them west of the Mississippi River where strong populist movements have pushed for the right of citizens to rnake laws---have some method for getting initiatives on the ballot. Over the last 100 years, initiatives have been used to advance a disparate collection of causes, including women's suffrage, freezes on nuclear weapons and term limits for public officeholders. And while experts disagree on whether liberals or conservatives are more likely to push their causes through initiatives, there is ample evidence that both see it as an important strategy tool. "Looking across the board, there's no way you can say whether the process is used more by the right or the left," said M. Dane Waters, president of the Initiative and Referendum Institute. Across America, the most controversial and closely fought initiatives this year include the gambling measure in California and another measure there, promoted by Rob Reiner, the actor, that would raise tobacco taxes by 50 cents a pack and designate the proceeds for children's programs. Measures to restrict the late-term procedure that abortion opponents call "partial-birth abortion" are also being fiercely contested in Washington and Colorado. Voters in both states are being asked whether to criminalize the rarely used procedure, but abortionrights advocates say the term "birth" is so vaguely defined that the measure could be used to impose much greater resttictions on abortion irl general. Voters will face a measure to make physician-assisted suicide legal in Michizan the home state of Dr. Jack Kevorkiar;, who has attended rbgre than 120suicides. Dr. Kevortianoti dshsthe measure as too restrictive. '~ In Washington, D.C.; and Washington state, Oregon, Nevada and Alaska, voters will be asked whether to approve the use of marijuana for medical purposes. Such measures passed in California and Arizona in 1996 but have been blocked from implementation by federal lawsuits. While supporters say the drug is a highly effective way of alleviating pain for those who are ill, the federal government has come out against the measures. Barry McCaffrey, the chief U.S. anti-narcotics official, solicited letters of opposition to the measures from former Presidents George Bush, Jimmy Carter and Gerald Ford, and last week Mr. McCaffrey denounced proponents of the ballot measures. "Let's have none of this malarkey on marijuana smoking by cunning groups working to legalize drugs," the former army general said. "American medicine is the best in the world for pain management." - --- Checked-by: Patrick Henry