Initiative To Law: Understanding The Legislative Process

The process of initiatives and referendums allows citizens of many U.S. states to propose laws and constitutional amendments without the support of the Governor or the Legislature. This process, also known as popular initiative, gives citizens a way to trigger a referendum by collecting signatures from voters. If the initiative receives enough votes, it becomes a law.

Collecting signatures

In California, for instance, the number of signatures required is based on the votes cast for the governor in the preceding election. For an initiated constitutional amendment, 8% of those votes are needed, while 5% is the requirement for an initiated state statute or a veto referendum. The state also allows paying signature gatherers based on the number of signatures collected, and there is no distribution requirement, meaning signatures can be collected from any county or district.

Other states may have different methods for calculating signature requirements. Some may mandate a certain fraction of registered voters, while others base it on voter turnout in previous elections. Distribution requirements may also be in place, dictating where in the state signatures must be gathered.

The process of collecting signatures is not without its challenges. In larger states, gathering the required number of signatures can cost millions of dollars as each signature must be witnessed and notarized by a circulator. This presents an obstacle for initiatives driven by average citizens, as the process tends to favour those with significant financial resources.

To address this issue, the city of Boulder, Colorado, implemented the first official online petition system in 2021, eliminating the need for circulators. This innovation in the initiative process has the potential to increase accessibility and reduce the financial burden associated with signature collection.

Getting on the ballot

Getting an initiative onto a ballot paper is a complex process that varies from state to state. However, there are some common steps.

Firstly, a petition must be started. This involves writing the text of the proposed law (the initiative draft) and submitting it to the relevant legal authority, such as the Attorney General, for an official title and summary. The proposed measure must be submitted with required certifications and a filing fee, which is usually refunded if the measure qualifies for the ballot.

The next step is to collect signatures from registered voters. The number of signatures required varies by state, as does the timeframe for collection. Some states also have distribution requirements, dictating where in the state the signatures must be collected.

Once the required number of signatures has been collected, the signatures must be submitted to state or county election officials for verification. After verification, the initiative will either be qualified for the ballot or failed by the Secretary of State.

If the initiative is qualified for the ballot, it will be put to a vote, and if it receives enough votes, it will become law.

Ballot measures

The process of getting an initiative on the ballot varies by state, but there are some general steps that are typically followed. First, the text of the proposed law (initiative draft) must be written. This draft is then submitted to the Attorney General for an official title and summary. After that, petitions are circulated to collect signatures from registered voters. The number of signatures required varies by state. Once enough signatures have been collected, the initiative is submitted to election officials for verification. If the initiative meets the requirements, it will be placed on the ballot for voters to approve or deny.

In addition to these general steps, there may be other requirements or procedures that vary by state. For example, some states have laws that mandate that initiatives address only one topic or restrict the range of acceptable topics. There may also be deadlines for collecting signatures and requirements for the distribution of signatures across different geographic areas.

It's important to note that not all initiatives will make it onto the ballot, and even if they do, they must receive enough votes to become law. If an initiative fails to receive enough votes, it is considered rejected.

Legislative alteration

In California, the state legislature is not permitted to amend or repeal an approved measure without submitting the change to voters. However, a ballot measure may include a clause waiving this protection either entirely or conditionally.

Once ballot initiatives have been declared eligible for the ballot (meaning enough valid signatures have been submitted), they are submitted to the legislature. The legislature has no control over the initiatives or whether they appear on the ballot. However, California law requires the legislature to hold a public hearing on the initiatives at least 30 days prior to the election. Moreover, proponents are allowed to withdraw an initiative even after it has been declared eligible for the ballot up to when the initiative is certified as qualified for the ballot—131 days before the election. This means the legislature can offer alternative legislation as a compromise in an effort to convince petitioners to withdraw certified initiatives.

In California, citizens also have the power to repeal legislation via veto referendum. The California State Legislature may also place measures on the ballot as legislatively referred constitutional amendments or legislatively referred state statutes. Referred amendments require a two-thirds vote of each chamber.

Funding an initiative campaign

Funding for initiative campaigns can come from various sources, including public financing and private financing. Public financing involves funds allocated by the state or government to support electoral contestants and their campaigns. This can take the form of direct public campaign financing, where the state provides financial resources directly to candidates or parties. Alternatively, indirect public financing provides candidates or parties with access to certain services free of charge or at a reduced rate, such as the use of public media or state property for campaigning purposes.

Private financing, on the other hand, refers to funding from private donors, including individuals, corporations, and charitable organizations. Private campaign financing encourages citizen participation and allows voters to support contestants who represent their interests. However, it has also been criticized for leading to the perception of votes being "bought" and creating unequal financial advantages between different parties.

Initiative campaigns may utilize different types of fundraising campaigns to secure the necessary financial resources. These can include capital campaigns, which aim to raise a large amount of money within a defined period for a specific cause. Advocacy campaigns, on the other hand, focus on creating support for a specific policy or legal change. Awareness campaigns aim to educate and raise public awareness about an initiative, while annual giving campaigns are regular efforts to meet an organization's annual revenue goals.

Additionally, the use of digital technologies has given rise to new fundraising approaches. Social media campaigns leverage online platforms to reach a wider audience and solicit donations. Text-to-donate campaigns allow individuals to contribute conveniently via their mobile phones. Crowdfunding campaigns, another modern approach, involve raising small donations from a large number of individuals, often through online channels.

Overall, the funding of initiative campaigns is a critical aspect of the initiative process, and it can come from a variety of sources, each with its own advantages and potential concerns.

Frequently asked questions