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

2. 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

3. Popular Referendum States

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

5. Constitutional Initiative States

6. Statutory Initiative States

7. State IR Provisions

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

9. 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

10. 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

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

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

13. Ballot Integrity Stategy Center (BISC) Survey

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

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

16. BISC Recommendations Greater Transparency Financial disclosure
Gatherer registration

17. BISC Recommendations Accountability Form writing Circulator affidavit
Petition sheet access

18. BISC Recommendations Oversight & Enforcement Excluded signatures
Fraud prevention
Fraud investigation

19. 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)

20. 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

21. Questions ?