Why can’t Texans bypass the Legislature and put a referendum on the ballot?

Voters in a handful of states are voting right now on whether to put abortion protections in their state constitution. These so-called ballot referendums have become increasingly popular since the Supreme Court effectively overturned Roe v. Wade.

Some of the states considering making abortion access part of the state constitution are those primarily led by Republican lawmakers. But the reason it’s up for a vote is because of a process called citizen-led ballot initiatives.

In Texas, there is no avenue for citizens to put initiatives on the ballot. Though Texas does go to voters for constitutional amendment referendums, these issues have to be put on the ballot by state lawmakers – not citizens gathering signatures.

To understand why Texas does not have a citizen process for ballot initiatives, we have to go back to the early 1900s, according to Chris Melody Fields Figueredo, executive director of the Ballot Initiative Strategy Center. The organization supports state-level groups seeking citizen ballot initiatives.

“It started mostly out west … during the progressive era, when the robber barons had a huge stranglehold on a lot of state legislatures,” Fields Figueredo said. “And this sort of became a tool that was created to give citizens more power.”

Back when these ballot initiative policies were getting popular, Texas was among the states considering one. But in 1914, voters here shot down a proposal that would have given them the power to put statewide initiatives on the ballot.

Jim Henson, the director of the Texas Politics Project at UT Austin, said this was because the progressive reformist movement wasn’t very strong in Texas.

“The elite in Texas that had its roots in the pre-Civil War period had very effectively reasserted control over the state,” he said. “They were largely against this.”

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The idea hasn’t been forgotten, though. Just last year, Democratic state Sens. Nathan Johnson of Dallas and José Menéndez of San Antonio introduced a citizen-led initiative bill. It didn’t get very far, but Johnson said he wanted to put the idea out there.

“It is patently obvious that the Legislature is considerably out of step with the opinion of the public on major, major issues,” Johnson said. “Medicaid expansion, abortion rights and other reproductive rights, and even things like casino gaming.”

Johnson feels citizen ballot initiatives reflect broad popular opinion and increase accountability for lawmakers. He said there’s a reason there isn’t a political appetite for making this possible in Texas.

“If the ruling party faction were to put this to the public, it would be an embarrassment, because it would be a rejection of the policies they have clung to for a decade or more,” he said. “It would be a public repudiation of their governance.”

But others say they have real concerns about what citizen ballot initiatives might mean for Texas politics.

“I think a lot of people may romanticize it as this is pure democracy in action,” said Deirdre Delisi, a political consultant and the former chief of staff to Gov. Rick Perry. “But I think it really becomes just like, who’s got the biggest pockets.”

That’s because, she said, Texas is a big place to campaign – and it can get expensive. Delisi also worries about ending up with poorly drafted laws because the language is not vetted by the Legislature.

“You have seen examples in other states and other jurisdictions where things have passed and it just hasn’t worked out the way that people thought it was going to work out,” she said.

And citizen-led ballot initiatives can lead to voters being asked to make complicated decisions in the voting booth – which Henson said isn’t always the best way to decide policy.

“Voters are asked to do something … that we know they’re not very good at,” Henson said. “And that is to have detailed policy knowledge and to make complex judgments and possibly to make a lot of them.”

While it was a couple of Texas Democrats leading the push for citizen ballot initiatives last session, historically members of both parties have both supported and shot the idea down.

In 1996, a bipartisan committee of Texas lawmakers wrote a report recommending Texas create a process for citizens to put issues on the ballot. The committee was chaired by then-Sen. Jane Nelson, who is now the Texas secretary of state.

The report said citizen-led ballot initiatives “have been used equally by conservatives and liberals to address a variety of issues.” And indeed, the report’s recommendations are nearly identical to the legislation filed last session.

Nelson declined a request for an interview for this story.

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Delisi said the lack of interest among lawmakers to change this policy doesn’t bother her.

“We have a representative form of government,” Delisi. “Ideally, you’re voting for people who will represent your interests and the interests of Texans.”

But not everyone feels our current system adequately represents them.

Fields Figueredo said there’s been an increase in citizen-led ballot initiatives specifically in red states. She chalked this up to the way Republican legislatures in those states have drawn district lines to favor their party, making it easier for lawmakers to cater to their more conservative bases.

“We’re not always having our elected officials actually move forward policy that communities want,” she said.

Take the issue of abortion: Texas has one of the strictest abortion bans in the country, with no exception for rape or incest. The Texas Politics Project found it does not reflect how most Texans feel.

“Only 13% of Texas voters think access to abortion should be completely prohibited in cases of rape and incest, even though that’s where the law is now,” Henson.

» MORE: Where do voters of faith stand on abortion? It depends.

That’s why Rep. James Talarico, a Democrat representing Williamson County, introduced a bill last session that would have put abortion on the ballot. It didn’t pass. Talarico said he would also be in favor of a statewide citizen ballot initiative process.

“I don’t see any good reason to oppose letting Texans decide major policy issues,” he said.

So although Texans won’t be voting on any statewide initiatives put on the ballot by citizens, plenty of voters are set to make their voices heard this fall.

The Secretary of State’s office said there are more Texans registered to vote this November than ever before — about 18.6 million people.

Polls are open from 7 a.m. to 7 p.m. across the state Tuesday for Election Day.

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