
August 1, 2001 |
2001-R-0611 | |
INITIATIVE AND REFERENDUM | ||
By: Sandra Norman-Eady, Chief Attorney | ||
You wanted to know (1) the states that have some form of initiative or referendum and (2) each state's procedure for placing a proposal on the ballot, including the number of signatures each requires. You also wanted background information on the process these states underwent to develop initiative and referendum.
SUMMARY
Initiative and referendum are processes used by voters to become directly involved in their government by drafting and voting on laws or constitutional amendments. Initiative, the most commonly used form of so-called "direct democracy," dates back to 1898 when it was adopted in South Dakota. Today, 24 states have some form of initiative or referendum.
The process for placing an initiative or referendum question on the ballot varies by state, but generally requires permission to circulate a statewide petition, circulation of the petition to get a specified number of signatures, signature verifications, a process for amending the petition or appealing a decision to reject it, and a vote on the question at a general or special election. The Book of the States contains more detailed information on the process by state. We have attached tables from it
that show: (1) the procedure for requesting an initiative petition (Table 15), circulating one (Table 16), and circulating a referendum petition (Table 20); (2) the procedure for preparing the initiative for the ballot (Table 17) and for preparing a referendum petition for the ballot (Table 21); and (3) the procedures for voting on an initiative (Table 18) or a referendum (Table 22).
For background information on initiative and referendum by state, visit the Initiative and Referendum Institute's Website at www.iandrinstitute.org. This website also provides a chronological history of initiative and referendum measures nationwide, which you can access by clicking I & R Timelines after you log on to the site.
STATES WITH INITIATIVE AND REFERENDUM
Presently, 24 states permit their citizens to propose constitutional amendments or develop legislation through direct or indirect initiatives. The direct initiative allows citizens to place a measure on the ballot after obtaining a specific number of signatures. In the indirect process, once the required signatures are obtained proposals go first to the legislature, which has an opportunity to act before the proposal is placed on the ballot. Fourteen states have only the direct initiative process, five have only the direct, and five have both.
There are three types of referenda: (1) citizen petition (also called popular referendum), whereby citizens place measures passed by the legislature on the ballot for a popular vote; (2) legislative referendum, whereby the legislature voluntarily submits laws to the voters for their approval, and (3) constitutional requirement, whereby the state constitution requires that certain questions be submitted to the voters (e.g., Connecticut's constitution requires voters to approve amendments to the state constitution). Currently, 24 states have citizen or popular referendum.
Table 1 shows the states that allow initiative, by type, and popular referendum.
TABLE 1: INITIATIVE AND REFERENDUM STATES
States |
Initiative |
Popular Referendum | |
Statutes |
Constitution | ||
Alaska |
Indirect |
None |
Yes |
Arizona |
Direct |
Direct |
Yes |
Arkansas |
Direct |
Direct |
Yes |
California |
Direct |
Direct |
Yes |
Colorado |
Direct |
Direct |
Yes |
Florida |
None |
Direct |
No |
Idaho |
Direct |
None |
Yes |
Illinois |
Direct |
Direct |
No |
Kentucky |
None |
None |
Yes |
Maine |
Indirect |
None |
Yes |
Maryland |
None |
None |
Yes |
Massachusetts |
Indirect |
Indirect |
Yes |
Michigan |
Indirect |
Direct |
Yes |
Mississippi |
None |
Indirect |
No |
Missouri |
Direct |
Direct |
Yes |
Montana |
Direct |
Direct |
Yes |
Nebraska |
Direct |
Direct |
Yes |
Nevada |
Direct and Indirect |
Direct |
Yes |
New Mexico |
None |
None |
Yes |
North Dakota |
Direct |
Direct |
Yes |
Ohio |
Indirect |
Direct and Indirect |
Yes |
Oklahoma |
Direct |
Direct |
Yes |
Oregon |
Direct |
Direct |
Yes |
South Dakota |
Direct |
Direct |
Yes |
Utah |
Direct and Indirect |
None |
Yes |
Washington |
Direct and Indirect |
None |
Yes |
Wyoming |
Indirect |
None |
Yes |
Source: Book of the States, 2000-01 Edition
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