Simone Lawson
Citizen initiatives are a form of direct democracy that allows citizens to propose and vote on laws and constitutional amendments without the need for legislative referral or executive support. The process varies across different countries and regions, but it typically involves gathering a predetermined number of signatures to qualify a measure to be placed on a ballot, which is then voted on in an election. In some cases, the legislature may have a role in reviewing and approving initiatives, but in others, the measures become law automatically if approved by voters. While citizen initiatives provide an opportunity for citizens to directly shape the laws and constitution they live under, they may also face legal challenges or modifications and can be subject to varying requirements and restrictions.
| Characteristics | Values |
|---|---|
| Availability | Only available at the state level as of 2024 |
| Technical Name | Ballot measures, propositions, or ballot questions |
| Process | Varies by state |
| Ballot Measure | Mandatory in all states except Delaware to modify the state constitution |
| Direct Democracy | Citizens can propose and vote on constitutional amendments without legislative referral |
| Signature Requirements | Varies, but usually a proportion of the number of voters from the most recent election or a fixed number of registered voters |
| Legislative Involvement | Varies depending on the design of the initiative process |
| Administrative Tasks | Checking compliance with requirements, drafting a summary of the ballot title, and confirming the translation of the initiative proposal |
| Legal Challenges | Ballot measures may face legal challenges by legislators |
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What You'll Learn
Ballot measures
The number of signatures required to place an initiative on the ballot varies by state and is usually a proportion of the number of voters in the most recent election or a fixed number of registered voters. In some states, such as Massachusetts, initiatives must also gain approval from a certain proportion of state senators and representatives voting together in a joint session. The initiative process can be used to propose amendments to a state's constitution, known as an initiated constitutional amendment, or to propose statutory measures, known as a statutory initiative.
Once an initiative has been filed, proponents must collect the required number of signatures to get it on the ballot. This process is known as petition circulation, and the signatures are verified by election officials. If an initiative receives enough valid signatures, it is typically included on the ballot in the next election. However, the specific requirements and processes for ballot measures can vary significantly from state to state, and some states may require additional steps or have different procedures for handling competing initiatives.
After an initiative is passed by voters, it may become part of the state or country's law. In some cases, ballot measures may face legal challenges or modifications by legislators, and some states may require a supermajority for passage. The initiative process empowers citizens to directly shape the laws and constitution that govern them, bypassing the traditional legislative process. This form of direct democracy aims to address concerns about the influence of special interests on state legislatures and provide citizens with a more direct role in law-making.
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Legislative involvement
The legislative involvement in initiatives and referendums, also known as ballot measures, propositions or ballot questions, varies across different states in the US. While some states allow citizens to propose laws and constitutional amendments without legislative involvement, others require legislative approval for initiatives to qualify for the ballot.
In California, for example, citizens can propose laws and constitutional amendments through the ballot initiative process without the support of the Governor or the Legislature. However, once an initiative is declared eligible for the ballot by collecting enough valid signatures, it is submitted to the legislature for a public hearing at least 30 days before the election. This allows the legislature to offer alternative legislation and attempt to convince petitioners to withdraw the initiative.
In Massachusetts, if enough signatures are submitted for an initiated constitutional amendment, the initiative must first be approved by one-quarter of state senators and representatives voting together in two successive legislative sessions. This is a unique requirement for constitutional amendments in the state.
On the other hand, some states like Mississippi previously allowed the legislature to approve, ignore, or vote against a measure without providing an alternative. Even if the legislature voted against it, the measure would still go to the ballot. This demonstrates a limited role for the legislature in the initiative process.
The level of legislative involvement can also depend on the type of initiative. Direct initiatives, for instance, become law automatically if approved by voters without any legislative involvement. In contrast, indirect initiatives allow the legislature to frame the laws arising from the initiative process, taking on various forms depending on the state.
Overall, the legislative involvement in initiatives varies across states, with some states granting more power to citizens to propose laws and amendments directly, while others require some level of legislative approval or input.
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Administrative requirements
One common administrative requirement for initiatives is the need to gather a certain number of signatures from registered voters for the proposal to be placed on a ballot. This number varies and is usually a proportion of the number of voters in the most recent election or a fixed number of registered voters. In California, for example, proponents of an initiative must submit the draft to the Attorney General for an official title and summary, and then circulate the petition to collect enough signatures. The initiative will then either be qualified for the ballot or failed by the Secretary of State. In Massachusetts, if enough signatures are submitted, the initiative goes to the legislature, where it must gain approval from one-quarter of state senators and representatives voting together.
Another administrative task is to draft and agree on a summary of the ballot title, which is typically a short summary of the proposed measure. In some places, administrators are responsible for ensuring that an initiative proposal deals with only one issue and that it complies with translation requirements.
In some states, the legislature can pass a law similar to the initiative, precluding an election on the original proposal. In other states, if the legislature passes the initiative unaltered, it goes directly to the voters. Ballot measures may also face legal challenges or modifications by legislators, and some states require more than a simple majority for passage.
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Signature requirements
The signature requirements for ballot measures vary from state to state in the United States. In California, the number of signatures needed to place a measure on the ballot is based on the total number of votes cast for the governor in the preceding election. For an initiated constitutional amendment (ICA), the requirement is 8% of the votes cast for the governor; for an initiated state statute (ISS), the requirement is 5% of the votes cast for the governor; and for a veto referendum (VR), the requirement is also 5% of the votes cast for the governor. Individuals signing a petition for a citizen-initiated measure must be registered voters in California.
The process for an initiative to become law in California begins with writing the text of the proposed law (initiative draft). This draft is then submitted to the Attorney General's office for an official title and summary. The Attorney General's title and summary may not exceed 100 words. The initiative petitions are then circulated to collect signatures from registered voters. These signatures are turned into county election officials for verification. The signature verification process can take up to three months, depending on whether a random check or a full check of signatures is required. A random sample of signatures is always conducted before a full check. If the random sample indicates more than 110% of the required number of signatures, the initiative qualifies for the ballot. If the sample indicates fewer than 95% of the required number of signatures, the initiative fails to make the ballot. If the random sample indicates between 95% and 110%, a full check of each signature must be conducted within 60 working days.
In Massachusetts, if enough signatures are submitted for an initiated constitutional amendment, the initiative goes to the legislature, where it must gain approval from one-quarter of state senators and representatives voting together in two successive legislative sessions. Massachusetts is the only state with this requirement for initiated constitutional amendments. In Mississippi, prior to 2021, if enough signatures were collected, the legislature had several options: they could approve the measure, ignore it (in which case it would still go to the ballot), vote against it without providing an alternative (and it would still go to the ballot), or approve an alternative amendment to appear alongside the original proposal on the ballot.
In Idaho, the legislature increased the geographical requirements for putting an initiative on the ballot in 2013 after a set of unpopular education laws were repealed by voters. The new requirement was the signatures of 6% of registered voters in 18 of Idaho's 35 legislative districts.
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Direct democracy
In the modern era, direct democracy comes in various institutional forms, with the common feature of procedures focusing on popular votes on political issues. Mandatory referendums, for example, are required by law and are often triggered by a specific event, such as a constitutional change. Referendums of governmental authorities, on the other hand, are called by a president, cabinet, or legislature under pre-regulated conditions or on an ad-hoc basis. Citizens' initiatives, which are supported by a required number of signatures, allow the electorate to vote on political measures proposed by a group, on bills approved by a legislature but not yet in force, or on existing laws.
In the United States, direct democracy is available at the state level, and citizens can utilise initiatives and referendums to propose and vote on laws and constitutional amendments. These processes vary by state, with some states requiring additional rounds of signatures or legislative approval for initiatives to qualify for the ballot. For example, in Massachusetts, an initiative must first gain approval from a quarter of state senators and representatives before being put to a vote. In California, citizens can propose laws and constitutional amendments through the ballot initiative process without the support of the Governor or the Legislature.
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Frequently asked questions
Yes, initiatives have to be checked to ensure they comply with administrative requirements. This includes checking whether there are enough valid signatures gathered and whether the proposal deals with only one issue. In some states, ballot measures may face legal challenges or modifications by legislators.
The process for getting an initiative on the ballot varies by state. Generally, a predetermined number of signatures must be gathered to qualify a measure to be placed on a ballot. The number of signatures required may depend on the number of voters in the most recent election or a fixed number of registered voters.
Yes, direct initiatives can become law without any involvement from the legislature. If approved by voters, the measure automatically becomes law. On the other hand, indirect initiatives allow for the involvement of the legislature in framing the laws that arise from the initiative process.
Yes, 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.
Active measures are proposed initiatives that have been qualified for the ballot. Inactive measures are withdrawn or failed proposals.
