State Initiative and Referendum Report

by Glen Hubbell

The initiative and referendum process

The initiative and referendum process is how the citizens of a state are able to bypass a state legislature that will not or cannot act in the citizens' interests.

There are a wide number of requirements and variations from state to state. For the purposes of this study, two key requirements are excerpted so that members of the Free State Project can begin to study the problem.

You can click on the name of each site to reach a link to the official state web site where a more detailed study can be made.

The following states have some form of voters initiative and referendum process:

Alaska

A. Restrictions

No initiative may be proposed to: 1) dedicate revenues, 2) make or repeal appropriations, 3) create courts, 4) define the jurisdiction of courts or prescribe their rules, 5) enact local or special legislation.

No referendum may be applied to: 1) dedication of revenues, 2) appropriations, 3) local or special legislation, 4) laws necessary for the immediate preservation of the public peace, health, or safety.

B. Signatures of registered voters needed

The petition must be signed by qualified voters: 1) equal in number to 10% of those who voted in the preceding General Election; 2) who reside in at least two-thirds of the house districts of the state. (There are 40 house districts in Alaska.)

Idaho

A. Restrictions

The Attorney General may confer with the petitioner and shall, within 20 working days after receipt, review the proposal for substantive import and shall recommend to the petitioner such revision or alteration of the measure as may be deemed necessary and appropriate.

The recommendations of the Attorney General shall be advisory only and the petitioner may accept or reject them in whole or in part.

The Attorney General shall issue a certificate of review to the Secretary of State certifying that he has reviewed the measure for form and style and that the recommendations thereon, if any, have been communicated to the petitioner, and such certificate shall be issued whether or not the petitioner accepts such recommendations.

Any qualified elector of the state of Idaho may, at any time after the certificate of review is issued, bring an action in the Supreme Court to determine the constitutionality of the initiative.

B. Signatures of registered voters needed

All petitions for initiative and referendum must contain signatures of registered voters equal to 6% (43,685 signatures and included in this amount a minimum of 6% from each of 22 counties) of the qualified electors at the November 7, 2000 general election before being considered for final filing.

Maine

A. Restrictions

Within 10 business days after receiving an application, the Secretary of State must review the application and either reject it, or accept it, and provide a revised draft of the initiative legislation to the applicant.

If the applicant revises the legislation, the applicant must submit each subsequent draft of the legislation to the Secretary of State for review. Again, the Secretary of State must review each subsequent draft within 10 days of receipt, and provide a revised draft or written response suggesting how the proposed law may be modified to conform with the requirements of Title 21-A, Section 901.

B. Signatures of registered voters needed

The number of signatures shall not be less than 10% of the total vote for Governor cast in the last gubernatorial election preceding the filing of such petition.

Montana

A. Restrictions

Any individual or group may petition to 1) enact a law by initiative, 2) approve or reject an act of the legislature by referendum, or 3) amend the state constitution.

B. Signatures of registered voters needed

To qualify an initiative or referendum for the ballot, you must get the signatures of 5 percent of the total number of qualified voters in the state, including 5 percent of the voters in each of 34 legislative districts.

To qualify a constitutional amendment for the ballot, you must get the signatures of 10 percent of the total number of qualified voters in the state, including 10 percent of the voters in each of 40 legislative districts.

North Dakota

A. Restrictions

The Secretary of State shall pass upon each petition, and if he finds it sufficient, he shall notify the "committee for the petitioners" and allow twenty days for correction or amendment. All decisions of the Secretary of State in regard to any such petition shall be subject to review by the (state) Supreme Court.

B. Signatures of registered voters needed

Petition signature requirements are based on the percentage of the resident population of the state of North Dakota at the last federal decennial census.

For the year 2000, the population of ND was 642,200. For Referral Petition and Statutory Initiative, 2% of 642,200 is 12,844 signatures. For Constitutional Initiative, 4% of 642,200 is 25,688.

South Dakota

A. Restrictions

South Dakota has the distinction of being the first state in the Union to provide for popular initiative and referendum for enacting and rejecting legislation. This was accomplished by constitutional amendment approved in 1898. These two forms of direct legislation, first used in 1908, rest on the theory that since the legislature may not always adequately represent them, the people should be able to pass laws they desire and nullify laws they oppose.

In 1972 the state constitution was amended to allow constitutional changes by initiative as well.

In 1988 the state's voters changed the state constitution to eliminate a requirement that an initiative be submitted to the legislature for approval before placement on the ballot.

B. Signatures of registered voters needed

Initiated Measure: The petition must have signatures of registered voters equal to five percent (13,010) of the total vote for governor in the last gubernatorial election obtained within one year following the filing of the full text of the petition.

Referred Law: This is a petition to prevent a measure passed by the Legislature from becoming effective. It must have signatures of registered voters equal to five percent (13,010) of the total vote for governor in the last gubernatorial election and must be filed within 90 days of adjournment of the legislative session in which the measure was passed. Measures which may be necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions are not subject to referendum.

Initiated Constitutional Amendment: This is a petition proposing to amend, repeal, or add to provisions in the South Dakota state constitution. The petition must have signatures of registered voters equal to ten percent (26,019) of the total vote for governor in the last gubernatorial election and must be filed in the Secretary of State's office one year before the general election.

Wyoming

A. Restrictions

The bill may not contain more than one subject. The bill may not dedicate revenues. The bill may not make or repeal appropriations. The bill may not create courts, define the jurisdiction of courts or prescribe their rules. The bill may not enact local or special legislation. The bill may not enact anything that is prohibited by the constitution. The bill may not be substantially the same as that defeated by an initiative election within the previous five years.

B. Signatures of registered voters needed

Sponsors must submit registered voter signatures representing fifteen percent (15%) of those who voted in the preceding general election and fifteen percent (15%) of those resident in at least two-thirds of Wyoming counties.

The citizens in the following states are working on getting an initiative process in place:

Delaware

Vermont

New Hampshire:

Other Resources

The following links are to initiative advocacy groups, some of which will provide assistance to persons interested in starting of taking part in the voter initiative and referendum process.

www.ncsl.org/programs/legman/elect/IRlinks.htm

www.ballot.org/blindspot/IdahoPressRelease.doc

Rankings

Here is my personal ranking of the states based on ease of getting an initiative on the ballot and lack of restrictions on referendum topics:

• Montana (seem to be no restrictions at all)
• Idaho (seem to be no restrictions but any voter can bring suit to determine constitutionality)
• South Dakota (some restrictions)
• Maine (Secretary of State can amend)
• North Dakota (Secretary of State can reject, but state Supreme Court can overrule this decision)
• Alaska (highly restrictive)
• Wyoming (even more restrictive)

• Delaware (major effort underway)
• Vermont (effort underway, bill before the legislature)
• New Hampshire (no effort underway)

September 26, 2002

The views expressed in this article do not necessarily represent those of the Free State Project, its Officers, or Directors.