Initiative To Law: Understanding The Process

The initiative process is a form of direct democracy that allows citizens to propose new laws or constitutional amendments without the support of the government. This is done by gathering a predetermined number of signatures to qualify a measure to be placed on a ballot, which is then voted on by citizens. If the initiative receives enough votes, it becomes law. The process varies by state and there is currently no federal law that addresses the state initiative process in the US.

Ballot initiatives in California

• Write the text of the proposed law (initiative draft).
• Submit the initiative draft to the Attorney General for an official title and summary.
• Circulate initiative petitions to collect enough signatures from registered voters.
• Submit signatures to county election officials for verification.
• The Secretary of State will either qualify the initiative for the ballot or deem it failed, depending on verification and deadline dates.
• California voters will approve or deny the qualified ballot initiative.

In 2022, seven statewide ballot propositions were certified for the ballot in California, with three measures approved and four defeated. One of the successful measures was a constitutional amendment to establish a right to reproductive freedom.

The process of getting an initiative on the ballot

Step 1: Crafting the Initiative

Firstly, the text of the proposed law (the initiative draft) must be written. This must comply with any relevant state-specific restrictions, such as single-subject rules or topic limitations.

Step 2: Proposal Review/Approval

The proposal must then be submitted to the relevant state authority for review and approval. This could be the Secretary of State, as is the case in Washington, or the Attorney General, as in California. This authority will review the measure and may recommend changes to the initiative sponsor. The proposal will also receive an official title and summary.

Step 3: Collecting Signatures

Once the proposal has been approved, the next step is to collect signatures from registered voters. The number of signatures required varies by state and is usually based on the number of votes cast in the preceding election for a particular office, such as governor. Some states also have distribution requirements, dictating where in the state these signatures must be collected.

Step 4: Signature Verification

After the required number of signatures has been collected, they must be submitted to state officials for verification. This process can vary, with some states employing a random sample of signatures and others conducting a full verification.

Step 5: Ballot Finalisation

Once the signatures have been verified, the issue must be prepared for the ballot. This includes assigning a ballot title and serial number, as well as preparing a fiscal review and ballot summary.

Step 6: Voting

Finally, the initiative is placed on the ballot for the referendum or popular vote. Depending on the state, this may be a direct vote on the initiative, or the proposal may first be considered by the state legislature, which can choose to enact the initiative or send it to a vote.

The number of signatures, their distribution, and collection timeframe

The number of signatures required for an initiative to become a law varies across different states. In Washington, for instance, the number of signatures for citizen initiatives, initiatives to the people, and initiatives to the legislature is based on the total number of votes cast for the office of governor in the last regular gubernatorial election. Specifically, initiatives to the people and initiatives to the legislature require signatures equal to eight percent of the votes cast for the governor in the last election, while veto referendum petitions require signatures equal to four percent. On the other hand, California requires a $2,000 filing fee for initiatives, which is refunded if the measure qualifies for an election ballot.

In addition to the number of signatures, their distribution also plays a crucial role. While some states, like Washington, do not have a distribution requirement for petition signatures, others mandate a certain fraction of signatures from different areas or congressional districts within the state. For example, Mississippi previously required that no more than 20% of the signatures supporting an initiative came from any single congressional district. However, a state Supreme Court decision effectively banned future use of indirect initiatives in the amendment process due to the state losing one House seat, resulting in only four congressional districts instead of the required five.

The timeframe for collecting signatures also differs across states and the type of initiative. In Washington, initial filings for direct initiatives cannot be made more than 10 months before the general election, and signatures are due at least four months prior. For indirect initiatives, initial filings cannot be made more than 10 months before the regular legislative session, and signatures are due at least 10 days before the session starts. Deadlines for signature collection are crucial, as initiatives that fail to meet them will not be placed on the ballot.

The types of proposed laws permitted

In Washington, citizens can initiate legislation as either a direct or indirect state statute but cannot propose constitutional amendments. However, the Washington State Legislature can place legislatively referred constitutional amendments on the ballot with a two-thirds majority vote from each chamber.

In California, citizens can propose laws and constitutional amendments without the support of the Governor or the Legislature through the ballot initiative process.

The process of getting an initiative on the ballot and the types of proposed laws permitted can vary by state, and there is no federal law that addresses the state initiative process.

The process of indirect initiatives

The first step in the indirect initiative process is the drafting of a legislative proposal, which can be done by any member of the public, either individually or as a group. After this, petitioners must seek public support for their proposal in the form of signatures. The number of signatures required depends on the political entity involved. Once the minimum number of signatures has been received, the proposal is submitted and accepted by governing authorities.

At this point, the indirect initiative process diverges from the direct initiative process. In the case of an indirect initiative, the final decision over the proposed legislation is left to the relevant authorities. While a public vote on the initiative is not mandatory, some agenda-initiative processes nevertheless invite citizens to participate through deliberative consultation or referendum after the measure has been submitted and considered by the legislature.

In the United States, the process of initiatives and referendums allow citizens to place legislation on the ballot for a referendum or popular vote. Initiatives can be direct or indirect. In the case of indirect initiatives, after sufficient signatures have been collected to place a measure on the ballot, the measure is first considered by a state or local legislative body. If the legislative body does not pass the proposed new law within a prescribed window of opportunity, the initiative must then be placed on the ballot for a public vote. The details of this process vary by state. For example, some states require another round of signatures to qualify an initiative for the ballot if the legislature does not approve it, while in others, the legislature must pass the initiative unaltered or it goes to the voters.

Frequently asked questions