The Making Of Laws: Initiatives To Enactment

In the United States, initiatives are proposed laws that are put on the ballot for voter consideration through people collecting signatures. If an initiative receives enough votes, it becomes law. The process of initiatives and referendums is a form of direct democracy that allows citizens to place legislation on the ballot for a referendum or popular vote. This process is available in 24 states, with each state having its own requirements and procedures for initiatives to become law. The steps for an initiative to become law typically include writing the proposed law, submitting it for review, collecting signatures, verifying signatures, and putting the initiative on the ballot for voter approval or rejection.

Ballot initiatives

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.

A citizen-initiated ballot measure can be an initiated state statute, initiated constitutional amendment, or a veto referendum. A veto referendum is a citizen-initiated ballot measure that asks voters whether to uphold or repeal an enacted law.

There are two main ways for initiatives to end up on the ballot:

• Citizen-initiated: Volunteers and/or paid canvassers can engage with their communities to collect the required number of individual petition signatures to qualify an initiative for a public vote.
• Legislatively-referred: Measures can be referred to the ballot by state legislators.

In California, for example, the ballot initiative process allows citizens to propose laws and constitutional amendments without the support of the Governor or the Legislature. The steps for an initiative to become law include writing the text of the proposed law (initiative draft) and submitting it to the Attorney General for an official title and summary. 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 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.

Legislative referral

A legislative referral, or a legislatively referred ballot measure, is a ballot measure that appears on the ballot due to a vote of the state legislature. Legislative referrals are different from initiatives, which are proposed laws that are put on the ballot for voter consideration through people collecting signatures. While initiatives do not require the support of the state legislature, legislative referrals are put on the ballot by a vote of state legislators.

There are several types of legislative referrals:

• Legislatively referred amendment: This type of legislative referral amends a state's constitution. In 49 out of 50 states, voter approval is required to amend state constitutions.
• Legislatively referred state statute: This type of legislative referral amends a state statute. This is also known as a legislative referendum or referendum bill. Statutes are different from constitutional laws, which require voter approval in 49 states. Statutes themselves do not usually require voter approval, but in some states, certain changes, such as those addressing specific topics or amending voter-approved initiated state statutes, do require voter approval.
• Legislatively referred bond measure: This type of legislative referral issues a bond, also known as a state or municipal bond issue. Voter approval requirements for bonds vary, with states and local governments having different rules for when voter approval is necessary.
• Advisory question: This is a type of non-binding ballot measure, meaning the outcome will not have any legal effect on a state's laws. The purpose of an advisory question is to gauge public opinion or encourage officials to take certain actions.

The process of getting a legislative referral on the ballot can vary from state to state, and there is no federal law that addresses this process.

Direct democracy

There are three forms of direct democracy used in the United States: referendums, initiatives, and recalls. Referendums ask citizens to confirm or repeal a decision made by the government. Legislative referendums occur when a legislature passes a law or a series of constitutional amendments and presents them to the voters to ratify with a yes or no vote. Popular referendums occur when citizens petition to place a referendum on a ballot to repeal legislation enacted by their state government. This form of direct democracy gives citizens a limited amount of power, but it does not allow them to overhaul policy or circumvent the government.

The most common form of direct democracy is the initiative, or proposition. An initiative is a law or constitutional amendment proposed and passed by the citizens of a state. Initiatives completely bypass the state legislatures and governor but are subject to review by the state courts if they are not consistent with the state or national constitution. The process to pass an initiative is not easy and varies from state to state. Most states require that a petitioner or the organizers supporting an initiative file paperwork with the state and include the proposed text of the initiative. This allows the state or local office to determine whether the measure is legal and to estimate the cost of implementing it. This approval may come at the beginning of the process or after organizers have collected signatures. Organizers must then gather registered voters' signatures on a petition, often a percentage of the number of votes from a past election. Once the petition has enough signatures, it is approved by a state agency or the secretary of state for placement on the ballot.

Recalls are a less common form of direct democracy that allows voters to decide whether to remove a government official from office. All states have ways to remove officials, but removal by voters is less common. Direct democracy has its drawbacks, as it requires more of voters. Instead of voting based on party, voters are expected to inform themselves and make decisions on complex issues. Initiatives can have far-reaching consequences, such as fundamentally changing a constitution or raising taxes. Recalls can also have a significant impact by removing politicians from office. Most citizens, however, do not have the time to perform the necessary research before voting, which can lead to confusion and misunderstanding of the law. Direct democracy also opens the door to special interests funding personal projects, as any group can create an organization to spearhead an initiative or referendum, and the cost of collecting signatures can be high in many states.

State constitutions

In the United States, the process of initiatives and referendums is written into several state constitutions, particularly in the West. As of 2023, 24 states allowed for ballot initiatives, with the number of signatures, their geographic distribution, and the collection timeframe varying by state. For example, in California, the ballot initiative process gives citizens the power to propose laws and constitutional amendments without the support of the Governor or the Legislature.

To get an initiative on the ballot, citizens or organisations must collect a predetermined number of signatures. The number of signatures required depends on the state, with some states mandating a certain distribution across districts. In some states, the signatures must be witnessed and notarised by a circulator, which can cost millions of dollars in larger states. However, in 2021, Boulder, Colorado, became the first to use an official online petition system to get an initiative on the ballot without circulators.

Once the required number of signatures has been collected, the initiative is placed on the ballot for a referendum or popular vote. If the initiative receives enough votes, it becomes law. If it fails to receive enough votes, it is considered rejected. In some states, if the legislature does not approve the initiative, another round of signatures may be required to qualify it for the ballot. Alternatively, if the legislature passes a substantially similar law, an election on the original proposal may be precluded.

Federal legislation

In the United States, initiatives are proposed laws that are put on the ballot for voter consideration through people collecting signatures. If the initiative receives enough votes, then it becomes law. If it fails to receive enough votes, it is considered rejected. This process is known as a ballot initiative and gives citizens a way to propose laws and constitutional amendments without the support of the Governor or the Legislature.

As of 2023, 24 states allowed for ballot initiatives. 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, the geographic distribution of signatures, 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.

The steps for an initiative to become law are as follows:

• Write the text of the proposed law (initiative draft).
• Submit the initiative draft to the Attorney General for an official title and summary.
• Initiative petitions are circulated to collect enough signatures from registered voters.
• Signatures are turned into county election officials for verification.
• The initiative will either be Qualified for the Ballot or be failed by the Secretary of State, after verifications and deadline dates.
• California voters will approve or deny the qualified Ballot Initiative.

It is important to note that initiatives are different from legislative referrals, which are put on the ballot by a vote of state legislators, and other types of statewide ballot measures. Initiatives and referendums constitute a form of direct democracy, allowing citizens to vote directly on legislation. However, this process is currently only available at the state level and does not exist for federal legislation.

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