Ballot Initiatives: Path To Becoming Law

Ballot initiatives are a form of direct democracy that allow citizens in many US states to propose and enact legislation without the support of the Governor or Legislature. The process varies by state, but generally involves writing the text of a proposed law, submitting it for an official title and summary, and then collecting enough signatures from registered voters for it to qualify for the ballot. If the initiative receives enough votes, it becomes law.

As of 2024, 26 US states have initiative and/or veto referendum processes, and all states have at least one form of legislatively referred process. Ballot initiatives are a way for citizens to get directly involved in the political process and make laws themselves, but they have also been criticised for undermining representative government and empowering special interests.

Citizen-initiated ballot measures

As of 2024, 26 states allow for citizen-initiated ballot measures, with 18 of these permitting initiated constitutional amendments and 21 allowing for initiated state statutes. The process varies by state, and there is no federal law addressing the state initiative process. While all states require the collection of signatures, the number of signatures, their geographic distribution, and the timeframe for collection differ.

To initiate a ballot measure, citizens must first write the text of the proposed law (initiative draft) and submit it to the relevant authority, such as the Attorney General, for an official title and summary. They then circulate petitions to collect the predetermined number of signatures from registered voters, which are then submitted to election officials for verification. If the initiative qualifies, it is placed on the ballot for voter approval or denial.

In some states, the initiative process for proposing constitutional amendments can be "direct" or "indirect." In the case of indirect initiatives, the proposal is first considered by a state or local legislative body, and only placed on the ballot if the legislative body elects not to pass the proposed new law within a specified timeframe.

Ballot proposal requirements

The process of getting an initiative on the ballot varies by state, and there is no federal law that addresses the state initiative process. While each state requires people to collect signatures, the number of signatures, their geographic distribution, and the collection timeframe vary. The types of proposed laws permitted can also vary—some states allow for statutes and constitutional amendments, while others only allow for statutes or amendments.

In California, for example, the first step is to write the text of the proposed law (initiative draft) and submit it to the Attorney General for an official title and summary. The initiative petitions are then circulated to collect enough signatures from registered voters. These signatures are turned into county election officials for verification. The initiative will then either be Qualified for the Ballot or failed by the Secretary of State, after verifications and deadline dates. Finally, California voters will approve or deny the qualified Ballot Initiative.

In Massachusetts, if enough signatures are submitted for an initiated constitutional amendment, the initiative first goes to the legislature, where it must garner approval in two successive legislative sessions from one-quarter of state senators and representatives voting together in a joint session. This makes Massachusetts the only state to have such a requirement for initiated constitutional amendments.

In Mississippi, if enough signatures are collected and submitted, the legislature has several options: they can approve the measure, ignore it (in which case it still goes to the ballot), vote against the measure without providing an alternative (but it still goes to the ballot), or approve an alternative amendment to appear on the ballot alongside the original citizen proposal as a competing measure. If both measures are approved by voters, the one with the most votes becomes law. However, a 2021 decision by the Mississippi Supreme Court nullified a voter-passed initiative, with the majority citing a fundamental flaw in the state's constitutional process that was viewed by media as effectively banning future use of indirect initiatives in the amendment process.

In Nevada, voters can collect signatures to place a question on the ballot asking state citizens to affirm a standing state law. If a majority votes to affirm the law, the state legislature will be barred from ever amending it, and it can only be amended or repealed with the approval of a majority of state citizens in a direct vote.

Ballot approval

To get an initiative on the ballot, proponents must typically follow several steps. First, they must write the text of the proposed law, known as the initiative draft. This draft is then submitted to the relevant state authority, such as the Attorney General, for an official title and summary. The next step involves circulating initiative petitions to collect signatures from registered voters. These signatures are then submitted to election officials for verification.

Once the signatures have been verified, the initiative will either be qualified for the ballot or failed by the Secretary of State based on meeting verification and deadline requirements. If qualified, the initiative will be placed on the ballot for voters to approve or deny. This process gives citizens a direct say in law-making, bypassing the need for support from the Governor or Legislature.

It is important to note that the requirements for ballot initiatives can differ across states. For example, the number of signatures, their geographic distribution, and the collection timeframe may vary. Additionally, some states may only allow for statutes, while others permit constitutional amendments as well.

Ballot rejection

Firstly, an initiative draft is written, outlining the text of the proposed law. This is then submitted to the relevant state authority, such as the Attorney General, for an official title and summary. The initiative petitions are then circulated to collect signatures from registered voters. The number of signatures, their geographic distribution, and the collection timeframe vary by state. Once the signatures have been collected, they are submitted to county election officials for verification.

After verification, the initiative will either be qualified for the ballot or failed by the Secretary of State, depending on whether it meets the verification and deadline requirements. If qualified, the initiative will appear on the ballot for voters to approve or deny. If it fails to receive enough votes, the initiative is rejected and becomes a failed proposal.

The ballot initiative process allows citizens to propose statutes or constitutional amendments directly, without the support of the Governor or Legislature. This form of direct democracy gives citizens a direct say in enacting new laws or voting down existing ones. However, it's important to note that the initiative process is not without criticism. Some argue that it undermines representative government and can lead to majority rule infringing on the rights of numerical minorities.

Ballot initiatives vs legislative referrals

Ballot initiatives and legislative referrals are two different ways that laws can be proposed and enacted.

Ballot Initiatives

Ballot initiatives, also known as popular initiatives, citizen initiatives, or citizen referendums, are a form of direct democracy that allows citizens to propose new laws or changes to existing laws. This process varies by state, but generally involves citizens collecting signatures to place their proposal on the ballot for voters to decide. In some states, legislatures may also have the option to approve these proposals outright.

Legislative Referrals

Legislative referrals, on the other hand, are ballot measures that are placed on the ballot due to a vote of the state legislature. These can include constitutional amendments, state statutes, or bond issues. Legislatures in most states have the power to refer measures to the ballot, and in 49 out of 50 states, they are required to seek voter approval to amend their state constitutions.

Differences

The key difference between ballot initiatives and legislative referrals lies in their origin. Ballot initiatives are citizen-driven, allowing citizens to propose and collect support for potential new laws, while legislative referrals are initiated by the state legislature itself. Additionally, the types of measures that can be proposed may differ, with ballot initiatives typically focusing on statutes or constitutional amendments, and legislative referrals including a broader range of measures such as bond issues.

Frequently asked questions