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In 24 US states, citizens can propose new laws or amend the state constitution through initiatives and referendums. The process involves writing the text of the proposal, submitting it for review, collecting signatures, and filing the paperwork before the deadline. The number of signatures needed depends on the turnout in the last major election. Florida and Mississippi only allow amendments to the state constitution, while New Mexico, Kentucky, and Maryland allow popular referendums but no initiatives.
The initiative and referendum system is part of the American legal landscape in 24 states. In these states, citizens can write initiatives to amend the state constitution or propose new statutes, and in some cases repeal laws by referendum. In the event of an initiative or referendum, the voting public decides on the outcome of the proposal during an election. In every state that allows citizens to put initiatives into action, the process is slightly different, but the basics remain the same.
Currently, Nevada, California, Illinois, Oregon, Washington, Arizona, Idaho, Colorado, Montana, Maine, Massachusetts, Alaska, Florida, Nebraska, Oklahoma, North Dakota, South Dakota, Utah, Wyoming, Missouri, Mississippi, Arkansas, Michigan, and Ohio allow voters to submit initiatives on the state ballot. Florida and Mississippi only allow amendments to the state constitution. Three other states, New Mexico, Kentucky and Maryland, allow popular referendums, but no initiatives.
The first step in getting an initiative on the ballot is to write the text of the proposed initiative. Typically, a lawyer or a team or lawyers carry out this part of the task, to ensure that the text is legal, clear and enforceable. After the text of the initiative is written, it is submitted to a state official for review. This is usually the State Attorney General or Secretary of State, and he or she writes an official headline and summary for the initiative after reviewing it.
Once the initiative has been reviewed by the state, the group that organized it can start collecting signatures. The number of signatures needed depends on the turnout in the last major election. In most states, amendments to the state constitution require eight percent of registered voters in the state to sign petitions, and new laws require between five and six percent. Signatures must be valid, as many states compare signatures to a list of state-registered voters.
The state gives the group organizing the petition a deadline for filing. If the group collects enough signatures in time, the initiative or referendum will be entered on the ballot paper and voters can decide on it. In both cases, the paperwork must be completed and filed well in advance of the election to ensure it is included on the ballot.
An initiative can be suggested at any time, because it is a change in state law. The documentation relating to the referendum, on the other hand, must be filed within 90 days of the approval of the law in question. Voters cannot retroactively decide to disapprove their state’s laws, but they can take action to strike down laws they deem unconstitutional or unreasonable.
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