Initiatives and Referendums (IR) LWVC Study Alternative Models Implementations From Other States

Referendum In Other States All States – Required for Legislative Constitutional Amendments All States – Allowed for other Legislative Acts Required, or by choice Some do not allow legislature to place statutes on ballot 24 States – Popular Referendum Proponent may refer legislation to the people “Yes” or “No” vote can be confusing

Popular Referendum States

Initiatives In Other States 18 States – Constitutional Initiative 16 Direct 2 Indirect 21 States – Statutory Initiative 14 Direct 10 Indirect 2 Both

Constitutional Initiative States

Statutory Initiative States

State IR Provisions

Indirect Initiative Intent Involve legislature Eliminate costly election Avoid difficult amendment process Provide for legislative hearing Increase legislature accountability

Other States’ IR Features Procedure & Subject Official Review & Assistance Signature Gathering Voter Information Approval or Rejection Campaign Financing Procedural - Many common features Initiative – proponents file with state official Referendum – proponents file petition within time period (ie, 90 days) identify law Subject – most allow any topic leg can pass law on – may be single subject REF - Some restrict topic - 3 allow all leg enactments

Initiative Constitutional Amendments 18 States allow voters to propose constitutional amendments 2 States (FL & NM) have commission-referred process All States - legislature refers proposed constitutional ammendments 36 after one passage 11 after two passages + election* 3 “either/or” majority system *Delaware can amend without vote of the people

Judicial Roles Pre-election judicial review Compliance with procedures Proper subject matter Forida requires automatic review

Details by State Pre-circulation State Review (p 70) Drafting Assistance (p 71) Title, Caption, & Summary (p 73) Subject & Content Restrictions (75)

Ballot Integrity Stategy Center (BISC) Survey

BISC Survey (2011) Higher Standards Greater Transparency Accountability Oversight & Enforcement

BISC Recommendations Higher Standards Minimum # of signatures Clear language Strict single subject rule Resubmit after rejection Identify funding Geographic signature requirements

BISC Recommendations Greater Transparency Financial disclosure Gatherer registration

BISC Recommendations Accountability Form writing Circulator affidavit Petition sheet access

BISC Recommendations Oversight & Enforcement Excluded signatures Fraud prevention Fraud investigation

LWV of Minnesota Position Started in 1914 Supports Legislative initiatives Compulsory voter referendum on constitutional amendments Strict procedural limits on I&R (and recalls) Oppose Most voter I&R on statutes (State office recalls)

References Initiative and Referendum in California: A Legacy Lost? (Study Guide) Initiative & Referendum Institute at USC Ballot Initiative Strategy Center (ballot.org) House Research Information Brief: Initiative and Referendum (MN House of Representatives) The California Initiative Process: Background and Perspective, J. Fred Silva

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