Initiative — a law or constitutional amendment introduced by citizens through a petition process either to the legislature or directly to the voters. Popular Referendum — a process by which voters may petition to demand a popular vote on a new law passed by the legislature. For more comprehensive information on each state's laws, visit our new Initiative and Referendum Processes resource.
No later than six months after the adjournment of the legislature which passed the act. This deadline pertains to when counties must submit petitions with verified signatures to the secretary of state. Petitions must be submitted to counties for verification four weeks before this deadline.
Petitions must be filed within 90 days after the legislative session at which the law was passed adjourns either sine die or for more than 90 days. Petition must be filed with county officials not later than 15 days following the primary election.
Final deadline is not less than days before the next general election. Petitions must be submitted not less than four months prior to the next general election. If petition is insufficient, sponsors have 30 days to solicit and obtain additional signatures, submit proof to show that rejected signatures are valid or make the petition more definite and certain.
Petitions must be submitted by midnight within 90 days of the date the legislation was signed by the governor and filed with the secretary of state. If a petition is insufficient, a period of 20 days is allowed for correction.
Petitions must be submitted within 90 days after the law is filed by the governor in the office of the secretary of state. If signatures are determined to be insufficient, an additional 10 days is allowed to gather more signatures. Signature gathering begins on a date specified by the secretary of state and cannot be less than 15 or more than 30 days from the date when all appeals and rehearings have been resolved or have expired.
Petitions must be submitted not more than 90 days after the end of the session at which the act was passed. Petitions carried by paid circulators must be filed on a monthly basis. If the petitions were filed at least days before the election and the submission deadline has not passed, and the signatures are deemed insufficient, petitioners may submit more signatures.
Petitions must be submitted within 90 days of the adjournment of the legislature which passed the law. Petitions must be submitted either before 5 p. Petitions must be submitted not later than 90 days after the final adjournment of the legislature; if that deadline falls on a Saturday, the office of the secretary of state must be open from 8 a. All 23 popular referendum states require political organizations that support or oppose a ballot measure, often considered political action committees, to follow state campaign finance laws.
These include filing reports and designating organization officers. The following is not a legal, comprehensive list of every campaign finance law governing the referendum process in each state but is rather a basic summary and starting guide for where to find relevant statutes. Registration is required before making an expenditure for or against a ballot measure.
Reports are due 30 days before the election, one week before the election, days after a special election and on February 15 for all contributions and expenditures not already reported. Disclosure of advertisements is required. Reports of contributions and expenditures are due quarterly in calendar years without elections.
In calendar quarters with an election, additional reports are due 10 days before the election and 15 days after the election.
A ballot question committee includes any person, located within or outside Arkansas, who receives contributions or makes expenditures for the purpose of expressly advocating the qualification, disqualification, passage or defeat of any ballot measure. Must file monthly financial reports with the Ethics Commission. A statement of organization is required.
Semiannual statements of contributions and expenditures are due July 31 and January Pre-election statements must be filed 40 and 12 days before the election. Additional statements for ballot measure committees are due April 30 and October Allowable uses of funds by ballot measure committees are specified at Elec. Committee must create a "top funders sheet" that is included as part of the petition. Must obtain a petition entity license before circulating petitions or paying circulators.
Designated representatives must, within 10 days of filing a completed petition, file a report containing information about paid circulators and any other expenditures made in relation to circulating petitions.
A political committee must have a treasurer before receiving contributions or making expenditures. Political committees must file reports of contributions and expenditures. Reports are monthly during election years and annually in nonelection years. Proponents must file reports of payments made to signature gatherers. Committees in support or opposition to a ballot measure are treated the same as political action committees. Must file quarterly reports. Also requires full disclosure of campaign staffers.
All campaign finance activity must be conducted through a campaign finance entity. Petition sponsors may not gather signatures without first forming a ballot issue committee. See Elec. Ballot issue committees must file reports of contributions and expenditures on or before the fourth and second Friday immediately preceding a general election and on or before the second Tuesday after a general election.
Additional reports are due on the third Wednesday in January of each year the committee continues in existence. Political committee must file a statement of organization. Disclosure reports must be filed 60 days before the election, on the fifth and 20th day of each month until the election, the 20th day of November after the election and the 20th of January each year.
A committee must file a statement of organization within 10 days of its organization; must include a brief statement identifying the substance of each ballot question supported or opposed by the committee. Campaign statements must be filed by the 11th day before the election, the 30th day after the election, April 25 and July 25 every year and October 25 in odd-numbered years. A statement must be filed by a ballot issue committee supporting or opposing a measure not more than 35 days after the petition is filed.
Must file a statement of organization within 20 days of becoming a committee. Reports of contributions and expenditures must be filed no later than the eighth day before the election, the 30th day after an election and the 15th day following the close of each calendar quarter.
Ballot measure committees must also provide an initial disclosure report 15 days after the committee begins raising or spending money, with subsequent quarterly reports until the pre-election report is due.
A report is also due no later than the 15th day after the deadline for filing the referendum petition. A person, committee or political party that pays signature gatherers is required to file the same financial disclosures required under Title 13, Chapter Reports of expenditures and contributions received are required quarterly in nonelection years and monthly, March through November, in election years.
There is a principal circulator whose information is publicly available upon request. Persons involved in a statewide initiative or referendum process are subject to the provisions of the Nebraska Political Accountability and Disclosure Act. Records must be kept of contributions and expenditures. When formed as a ballot question committee, it must file campaign statements and other forms with the Nebraska Accountability and Disclosure Commission, all on a set timeline.
The committee must report on Jan. Same must also be reported quarterly on April 15, July 15, Oct. Political committees must file a statement of organization.
Reports of contributions and expenditures are due by the 15th of every April and October. In election years, instead of biannual reports, reports are due no later than the second Monday in April, May, September and October, and no later than the Thursday before an election.
A post-election report is due by Jan. Sponsoring committee must file a statement of renumeration prior to circulating signatures if circulators will be paid. The following contribution and expenditure statements must be electronically filed: drafting statement, filed at the time approval is requested to circulate petition; circulating statement, filed at the time petitions are submitted for signature verification; pre-election statement, filed between the 39th and 31st day prior to the election; and year-end statement, filed by Jan.
Prior to receiving a contribution or making an expenditure, a campaign must designate a treasurer by filing with the secretary of state.
Reports of contributions and expenditures are due on the 12th day before an election, the 38th day after an election and the last business day of January and July of every year.
Reports of contributions and expenditures are due on a quarterly basis. Within three days of making an expenditure or receiving a contribution, a political committee must file a statement of organization and designate a treasurer. Electronic reports of contributions and expenditures must be filed according to a specified schedule.
If such activity occurs within 30 days of an election, a statement must be filed within 48 hours. Contributions from nonresidents of the state, political committees organized outside the state or an entity that is not filed with the secretary of state for four years preceding the contribution are prohibited. Ballot measure committees must file pre-primary, pre-general, year-end and, if applicable, supplemental reports in even-numbered years.
In odd-numbered years, year-end reports are required. Statements of contributions and expenditures must be filed on Jan. Must file a statement of organization as a political committee within two weeks of organizing or within two weeks of the date the first contribution or expenditure is expected.
Reports of contributions and expenditures are due on the 21st and seventh days immediately preceding an election and the 10th day of the first full month after an election. Out-of-state committees that make expenditures supporting or opposing ballot propositions in Washington are required to file reports. Must file a statement of formation as a political action committee within 10 days of formation.
Reports of contributions received and expenditures made must be filed at least seven days before any primary, special or general election. States decide how the ballot title and summary are created and any requirements for the wording of the measure on the ballot. The official title of the bill that is subject to the referendum appears on the ballot.
The descriptive title, which is printed below the official title on the ballot, is written by the secretary of state with the approval of the attorney general.
The same ballot title and popular name that appeared on petitions drafted by sponsors is submitted by the secretary of state to the board of canvassers for certification. Full text is printed on ballot if it is words or less; if it is more than words, the secretary of state drafts a title. The title may be different from the legislative title, but in all cases the legislative title shall be sufficient.
Director of elections, with approval of the state board of canvassers, drafts a statement of purpose of not more than words for the ballot. A statement of purpose and implication, not to exceed words, and yes-no statements are drafted by petitioners and reviewed and approved by the attorney general.
These serve as the ballot title. The title of the statute or resolution that is the subject of the referendum is printed on the ballot. Proponents submit a suggested popular name, to be approved or disapproved by the secretary of state. Unclear; it seems likely that the same statement drafted by the secretary of state and approved by the attorney general for the petition also appears on the ballot, but this is not specified.
Proponents draft and submit a ballot title in their original filing. The secretary of state submits the title to the attorney general for approval when signed petitions are filed for verification. The attorney general may approve the title or revise as necessary to comply with the law. Unclear; the statute describing the titling process by the attorney general specifically mentions initiative measures and constitutional initiatives but does not mention popular referenda.
Lieutenant governor forwards petitions that are qualified for the ballot to the Office of Legislative Research and General Counsel, which drafts an impartial title of not more than words summarizing the contents of the proposal. The ballot title may be distinct from the title of the law that is the subject of the petition.
States vary in the way popular referendum questions are posed. Secretary of state drafts ballot language that fairly and accurately explains what a vote for and what a vote against the measure represent; approved by attorney general. The wording on the ballot must read: The legislature passed. Bill No. This bill would concise description. Should this bill be: Approved. The requirements for an election with statewide ballot measures vary by state. States also decide which election a ballot measure will be voted on and any time restrictions before a measure is placed on a ballot.
In some states, the legislature or governor may order a special election for a measure. In all states, a qualified popular referendum may be placed on the ballot in a statewide general election. Six states California, Maine, Massachusetts, Nebraska, Ohio and Wyoming require a certain number of days, ranging from 30 to , to pass between the date the petition qualifies and the election.
The first statewide election held more than days after adjournment of the session during which the act was passed. Next general election at least 31 days after the measure qualifies or at a special statewide election held prior to that general election; the governor may call a special statewide election for the measure. Next statewide or general election, whichever comes first that is not less than 60 days after the petition is submitted.
At the next ensuing election held throughout the state for members of the U. House of Representatives. Next state election, if 60 days intervene between the date when such petition is filed and the date for holding such state election; if that is less than 60 days, then the law must be submitted to the people at the next state election, unless it is repealed before then.
Next succeeding election at which the question may be voted upon by the voters of the entire state. Next statewide election unless a special election is called by the legislature or the governor for the express purpose of considering a referendum.
All 23 popular referendum states require a simple majority to pass a popular referendum. Five states impose an additional threshold. These states require that in addition to receiving a majority of the votes cast on the measure , those votes must be equal to or more than a specified percentage of the total votes cast in the election.
This ensures that measures are not passed by a small minority of voters, either because of a low turnout election or ballot-drop off where voters only vote partway through a ballot. The details for those states are below:. The legislature shall not have the power to repeal a referendum measure passed by a majority of the voters. Amending or diverting funds from a referendum measure requires a three-fourths vote of the members of each house of the legislature, and the amendment must further the purposes of the measure.
NV Secretary of State. Select a topic from the column at left in the above graphic for more information. Select a state in the map above to see state-specific information. In the indirect initiative process, a proposed initiative is referred to the legislature after proponents have gathered the required number of signatures.
The legislature has the option to enact, defeat or amend the measure. Depending on the legislature's action, the proponents may continue to pursue placement on the ballot for a popular vote. In three states Massachusetts, Ohio and Utah , proponents must gather additional signatures to place the measure on the ballot; in the others, it automatically goes to the ballot. States may limit the subject matter of ballot measures. States sometimes limit how soon a measure can be re-attempted.
Aside from single-subject rules, seven states have no additional subject restrictions on what can be in initiatives: Arkansas, Colorado, Idaho, Oklahoma, Oregon, Utah and Washington. Other states vary when it comes to restrictions, ranging from specific vote thresholds on certain topics to disallowing certain issues.
Some states limit the number of sections of code or the constitution that may be altered. Seventeen states have subject matter limitations other than the single-subject rule:. Dedicate revenue, repeal appropriations, create courts, define court rules or jurisdictions, or enact local or special legislation.
If includes expenditures, must also include sufficient increased revenue sources that cannot come from general fund.
Measure provisions cannot be dependent upon meeting certain vote percentage. And no measure that names an individual to hold office or names private corporation to perform any function. Amendments that propose a tax or fee not in place in November require a two-thirds vote to pass. ILCS Const. State Board of Elections If there are insufficient state funds and the measure does not provide a source, it is effective 45 days after next regular legislative session.
Must contain only subjects that are related or mutually dependent. Cannot relate to: religion, the judiciary, specific appropriations, local or special legislation, the 18th amendment of the constitution, anything inconsistent with the Declaration of the Rights of the Inhabitants of the Commonwealth of Massachusetts. Cannot stop emergency laws passed by the legislature or appropriations to support state departments or institutions.
Cannot "pass a law authorizing any classification of property for the purpose of levying different rates of taxation thereon or of authorizing the levy of any single tax on land or land values or land sites at a higher rate or by a different rule than is or may be applied to improvements thereon or to personal property. Cannot dedicate revenues, make or repeal appropriations, create courts, define the jurisdiction of courts, prescribe court rules, enact local or special legislation, or enact legislation prohibited y the Wyoming constitution.
Of course, in some of the above states, timelines concerning filing, signature gathering and deadlines for signatures and the indirect initiative process may impose limits not otherwise spelled out in statute.
Seven states impose explicit limits for how much time must pass before a measure is re-attempted, ranging from 12 months to five years:. Five years on any measure that is "substantially the same as that defeated by" the previous measure. Most states require proponents of a proposed law to follow guidelines. These guidelines may include an application process, registering a certain number of sponsors, submitting the full text and an explanation of the measure, affidavits, the office or offices to file with, registering a proponent or opposition organization, campaign finance issues and the process for withdrawing an initiative.
Seven states require filing an initial number of signatures or registering of sponsors as part of an application to fully circulate an initiative:. Two states require proponents to file application materials with the lieutenant governor:. Five states require proponents to file application materials with the attorney general:. All 24 citizen initiative states require political organizations supporting or opposing a ballot measure—almost always considered political action committees—to follow state campaign finance laws.
The following is not a legal, comprehensive list of every campaign finance law governing the initiative process in each state, but rather provides a starting guide of where to find relevant statutes:. Nine states have an explicit process for withdrawal of an initiative from circulation:.
Proponents may any time before measure qualifies for the ballot, days before the general statewide election. File a letter with secretary of state, signed by designated representatives, no later than 60 days prior to the election. In every state, petitions must follow guidelines, which vary by state. Petition sheets also always include space for signatures. Other requirements may include a legal warning, a statement that the petition circulator is paid, a summary of the proposed measure, the full text of the measure, the county or district where the signature was collected and more.
Details on who or which offices write the title and summary are listed below:. Title board, comprised of secretary of state, attorney general and director of the office of legislative legal services.
Prepared by sponsor, approved by secretary of state. Attorney general writes title and summary if original is challenged in court. Attorney general certifies submitted title and measure and summary by secretary of state, with attorney general oversight.
Statutes for petition contents for each state:. Every state includes requirements for circulators operating in the state. Cannot have had a civil or criminal penalty for a violation of election code in the last five years; been convicted of treason or a felony and not restored civil rights; been convicted of any criminal offense involving fraud, forgery or identity theft.
Cannot in last five years have been convicted of a crime involving fraud, forgery, or identification theft or subject to a civil penalty due to an election offense.
Gessler , the court upheld the requirement that a circulator present to the notary a specific type of identification. Clark Twenty-two states require circulators or proponents to sign affidavits or other sworn statements as to the accuracy or authenticity of the petitions:.
Several of these states require such information to be included on the signature petition sheets. Several states have or had statutory bans on paying circulators either per signature or in general.
Most of these bans have been overturned by the courts. Furthermore, statutes allowing or requiring paying per signature have been overturned by the courts. There has been one exception: The case Initiative and Referendum Institute v. Jaeger in North Dakota upheld the ban on paying per signature. All citizen initiatives require the collection of a certain number of signatures, although states vary in the number of signatures and the baseline used to determine that number.
Some states also include signatures to be gathered from across the state, although some of these requirements have been found to be unconstitutional. Every state also includes requirements as to how the authenticity of signatures are verified, and constitutional amendments often require more signatures than statutory changes. Some states have what's called an indirect initiative process.
In these states, sponsors gather a smaller number of signatures to reach the first stage of qualification and, once enough valid signatures are gathered to meet this threshold, the initiative goes before the state legislature. If the legislature enacts the proposal, no further petition takes place and the proposal becomes law.
If the legislature fails to enact the proposal as written, sponsors then go through a second stage of signature gathering. Massachusetts, Ohio and Utah use this sort of process. Missouri and Nebraska have unique signature requirements. In Missouri, signature requirements are based entirely on congressional districts.
That means the total number of signatures required for ballot access will vary depending upon which congressional districts sponsors put together to reach the total of six. In Nebraska, the total number of signatures is based upon the total number of registered voters in the state. Since the total number of registered voters is constantly changing, with new voters being added and ineligible voters being removed, that presents a dilemma for the state. The state must essentially pick a point in time at which to capture a snapshot of the total number of registered voters.
If the legislature does not enact the statute, another round of signatures is required equaling 0. Once the author introduces a bill, it is referred to committee. The committee holds hearings. There is an extensive vetting process. Interested parties can identify drafting flaws, argue for more optimal solutions, and suggest modifications.
In contrast, direct initiatives are drafted by the sponsor and the text is finalized prior to beginning signature collection.
In most cases, there is no informed deliberation, no consensus-building, and no compromise. Washington, D. In addition to citizen-initiated ballot measures, there are several types of ballot measures, including automatic ballot referrals , bond issues , commission-referred constitutional amendments , constitutional convention questions , legislatively referred state statutes , and legislatively referred constitutional amendments. Ballotpedia features , encyclopedic articles written and curated by our professional staff of editors, writers, and researchers.
Click here to contact our editorial staff, and click here to report an error. Click here to contact us for media inquiries, and please donate here to support our continued expansion. Share this page Follow Ballotpedia. What's on your ballot? Jump to: navigation , search. The initiative process allows citizens to propose a new statute or constitutional amendment. The referendum process allows citizens to refer a law that passed the legislature to the ballot for voters to decide whether to uphold or repeal the law.
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