Uniting A POLITICALLY PROACTIVE Exotic Animal League
CITIZEN INITIATIVE & REFERENDUM
Initiatives and referendums are the powers granted to citizens to enact and reject laws. An initiative is where citizens can introduce their own laws and amend the constitution. A referendum is where citizens can adopt or reject laws enacted by the legislature. There are two types: constitutional that allow amendments to the constitution and statutory that allow citizens to create statutes and respond to laws enacted by the legislature.
NOTE: Constitutional processes can be found under State Constitutions.
The process of an initiative or referendum usually requires handing out a petition that must be signed by so many voters (may need to submit a copy of petition - and bill for initiatives - before sending out to voters and then submit a copy of the signed petition afterwards) and then the item is placed on an election ballot. However, states vary in their process.
There are still several states that do not allow initiatives or referendums. Creating this power for citizens would require adding an amendment to the state constitution.
Alabama
Allows Initiatives? NO
Allows Referendums? NO
Alaska
Allows Initiatives? YES – Statutory Only
Statutory Process:
- File bill and 100 signatures of voters with lieutenant governor
- signed voter petition
- 2+ public hearings at least 30 days before election
- election ballot
Signatures Required:
10% from 3/4 of all house districts
Vote Required:
Majority
Allows Referendums? YES
Process:
- File bill, 100 voter signatures, statement approval/rejection, committee of 3 with lieutenant governor
- submit signed voter petition
- 2+ public hearings at least 30 days before election
- election ballot
Signatures Required:
10% from 3/4 of all house districts
Vote Required:
Majority
Arizona
Allows Initiatives? YES - Constitutional and Statutory
Statutory Process:
- File bill and application for serial # with SOS
- signed voter petition
- election ballot
Signatures Required:
10% of number of voters from last governor election
Vote Required:
Majority
Allows Referendums? YES
Process:
- File bill and application for serial # with SOS
- signed voter petition OR approved by legislature
- election ballot
Signatures Required:
5% of number of voters from last governor election
Vote Required:
Majority
Arkansas
Allows Initiatives? YES - Constitutional and Statutory
Statutory Process:
- File copy with Secretary of State
- signed voter petition
- election ballot
Signatures Required:
8% of number of voters for governor in last election covering 15 counties
Vote Required:
Majority
Allows Referendums? YES
Process:
- File copy with Secretary of State
- signed voter petition
- election ballot
Signatures Required:
6% of number of voters for governor in last election covering 15 counties
Vote Required:
Majority
California
Allows Initiatives? YES - Constitutional and Statutory
Statutory Process:
- Copy sent to Attorney General
- submit signed voter petition
- election ballot
Signatures Required:
5% of number of voters in last governor election
Vote Required:
Majority
Allows Referendums? YES
Process:
- Copy sent to Attorney General
- signed voter petition ORlegislature approval
- election ballot
Signatures Required:
5% of number of voters in last governor election
Vote Required:
Majority
Colorado
Allows Initiatives? YES - Constitutional and Statutory
Statutory Process:
- submit signed voter petition
- election ballot
Signatures Required:
5% of number of voters in last secretary of state election
Vote Required:
Majority
Allows Referendums? YES
EXCLUDES:
Laws for public peace/health/safety; appropriations for state departments
Process:
- signed voter petition
- election ballot
Signatures Required:
5% of number of voters in last secretary of state election
Vote Required:
Majority
Connecticut
Allows Initiatives? NO
Allows Referendums? NO
Delaware
Allows Initiatives? NO
Allows Referendums? NO
Florida
Allows Initiatives? YES - Constitutional Only
Allows Referendums? NO
Georgia
Allows Initiatives? NO
Allows Referendums? NO
Hawaii
Allows Initiatives? NO
Allows Referendums? NO
Idaho
Allows Initiatives? YES - Statutory Only
Statutory Process:
- copy of bill, 20 voter signatures, and funding source to Secretary of State
- submit signed voter petition
- attorney general review
- election ballot
Signatures Required:
6% of number of voters from last general election per district
Vote Required:
Majority
Allows Referendums? YES
Process:
- copy of bill and 20 voter signatures to Secretary of State
- signed voter petition
- attorney general review
- election ballot
Signatures Required:
6% of number of voters from last general election per district
Vote Required:
Majority
Illinois
Allows Initiatives?
YES – Constitutional
YES AND NO-Statutory
Statutory limited to non-binding advisory questions
Statutory Process:
- submit signed voter petition
- election ballot
Signatures Required:
8% of number of voters in last governor election
Vote Required:
Majority
Allows Referendums? NO
Indiana
Allows Initiatives? NO
Allows Referendums? NO
Iowa
Allows Initiatives? NO
Allows Referendums? NO
Kansas
Allows Initiatives? NO
Allows Referendums? NO
Kentucky
Allows Initiatives? NO
Allows Referendums? NO
Louisiana
Allows Initiatives? NO
Allows Referendums? NO
Maine
Allows Initiatives? YES - Statutory Only
EXCLUDES:
constitutional amendments
Statutory Process:
- signed voter petition
- submit to local or state election officials to certify
- submit to Secretary of State
- election ballot
Signatures Required:
10% of number of votes for governor in last gubernatorial election
Vote Required:
Majority
Allows Referendums? YES
Process:
- signed voter petition
- submit to local or state election officials to certify
- submit to Secretary of State
- election ballot
Signatures Required:
10% of number of votes for governor in last gubernatorial election
Vote Required:
Majority
Maryland
Allows Initiatives? NO
Allows Referendums? YES
EXCLUDES:
Appropriations to state governments; aid to public institution
Process:
- signed voter petition to Secretary of State
- election ballot
Signatures Required:
- 3% of voters with no more than 1/2 from Baltimore or single county
- 10% of voters if for single county or Baltimore
Vote Required:
Majority
Massachusetts
Allows Initiatives? YES – Constitutional & Statutory
EXCLUDES:
religion; judges; reverse court decision; powers of or to create or abolish courts; for set town, city, political division, district, locality; special appropriation from treasury; rights under referred
Statutory Process:
- copy and 10 voter signatures to attorney general
- attorney general certified
- signed voter petition to local election official for verification
- signed petition to Secretary of State
- legislature committee hearing
- legislature vote
- election ballot
Signatures Required:
20,000 voters
Vote Required:
Majority
Allows Referendums? YES
EXCLUDES:
right to: compensate for private property for public use, courts of justice, trial by jury, protection from unreasonable search and bail and law martial; freedom of press/ speech/elections; right of peaceable assembly
Process:
- copy and 10 voter sig. to secretary of state
- Secretary certified
- signed voter petition
- election ballot
Signatures Required:
15,000 voters
Vote Required:
Majority
Michigan
Allows Initiatives? YES – Constitutional & Statutory (Indirectly Only)
Statutory Process:
- signed voter petition
- enacted or rejected by legislature
- election ballot if rejected
Signatures Required:
8% of voters of governor in last general election
Vote Required:
Majority
Allows Referendums? YES
EXCLUDES:
Appropriation to state institutions; address deficiency in state fund
Process:
- signed voter petition
- election ballot
Signatures Required:
5% of voters of governor in last general election
Vote Required:
Majority
Minnesota
Allows Initiatives? NO
Allows Referendums? NO
Mississippi
Allows Initiatives? YES – Constitutional Only
Allows Referendums? NO
Missouri
Allows Initiatives? YES – Constitutional & Statutory
EXCLUDES:
Appropriation of money except new revenue created
Statutory Process:
- submit signed voter petition
- election ballot
Signatures Required:
5% of voters for governor in last election in each of 2/3 of the districts
Vote Required:
Majority
Allows Referendums? YES
EXCLUDES:
laws for preservation of peace; health, safety; appropriation for state government, public institution, public school
Process:
- submit signed voter petition
- election ballot
Signatures Required:
5% of voters for governor in last election in each of 2/3 of the districts
Vote Required:
Majority
Montana
Allows Initiatives? YES – Constitutional & Statutory
EXCLUDES:
Appropriation of money; local or special laws
Statutory Process:
- send signed voter petition to secretary of state
- election ballot
Signatures Required:
5% of voters for governor in last election in each of 1/3 of the districts AND 5% of electors in state
Vote Required:
Majority
Allows Referendums? YES
EXCLUDES:
Appropriation of money
Process:
- send signed voter petition to secretary of state
- election ballot
Signatures Required:
5% of voters for governor in last election in each of 1/3 of the districts and 5% of electors in state
Vote Required:
Majority
Nebraska
Allows Initiatives? YES – Constitutional & Statutory
EXCLUDES:
same exclusions as for the legislature
Statutory Process:
- send signed voter petition to secretary of state
- election ballot
Signatures Required:
7% of voters of governor in last election including 5% of voters for each of 2/5 of counties
Vote Required:
35% of all voters AND majority vote on item
Allows Referendums? YES
EXCLUDES:
appropriation for state government or state institution
Process:
- send signed voter petition to secretary of state
- election ballot
Signatures Required:
5% of voters of governor in last election
Vote Required:
35% of all voters AND majority vote on item
Nevada
Allows Initiatives? YES – Constitutional & Statutory
EXCLUDES:
Appropriation of money except when given revenue source
Statutory Process:
- File copy to secretary of state by Jan 1 of year before regular session
- signed petition filed by 30 days before regular session
- action taken by legislature in first 40 days of session
- If approved by legislature & governor - becomes law
- If NOT approved – goes to election ballot
Signatures Required:
10% of voters in last general election from at least 75% of counties
Vote Required:
Majority
Allows Referendums? YES
Process:
- file copy of petition to secretary of state
- send signed voter petition to secretary of state
- election ballot
Signatures Required:
10% of voters from last general election
Vote Required:
Majority
New Hampshire
Allows Initiatives? NO
Allows Referendums? NO
New Jersey
Allows Initiatives? NO
Allows Referendums? NO
New Mexico
Allows Initiatives? NO
Allows Referendums? YES
EXCLUDES:
general appropriations; laws for preservation of public peace, health, safety; address public debt; maintain public school or institution
Process:
- file copy of petition with secretary of state
- signed voter petition to Secretary of State
- election ballot
Signatures Required:
10% of voters in each of 3/4 of counties AND 10% of total voters in last election OR 25% of voters
Vote Required:
40% of votes in election AND majority on item
New York
Allows Initiatives? NO
Allows Referendums? NO
North Carolina
Allows Initiatives? NO
Allows Referendums? NO
North Dakota
Allows Initiatives? YES – Constitutional & Statutory
Statutory Process:
- file copy of petition and 25 voter signatures to secretary of state
- submit signed voter petition
- election ballot
Signatures Required:
2% of total number of state residents from last US census
Vote Required:
Majority
Allows Referendums? YES
Process:
- file copy of petition and 25 voter signatures to secretary of state
- submit signed voter petition
- election ballot
Signatures Required:
2% of total number of state residents from last US census
Vote Required:
Majority
Ohio
Allows Initiatives? YES – Constitutional & Statutory
EXCLUDES:
different taxes on property; grant monopoly or cartel; specify tax rate; give commercial interest, right or license to person or group
Statutory Process:
- file text and petition with secretary of state 10 days before legislative session begins
- Secretary of State sends to legislature after convened
- vote by legislature
- If passed – becomes subject to referendum
- If not passed, no action or amended – goes to election ballot
Signatures Required:
3% of voters of governor in last election AND at least 1/2 that from each of 50% of counties
Vote Required:
Majority
Allows Referendums? YES
EXCLUDES:
Emergency tax levy; appropriations to state government or public institution; preservation of public peace, health or safety; different tax on property
Process:
- Submit signed voter petition
- election ballot
Signatures Required:
6% of voters of governor in last election AND at least 1/2 that from each of 50% of counties
Vote Required:
Majority
Oklahoma
Allows Initiatives? YES – Constitutional & Statutory
Statutory Process:
- Submit signed voter petition
- Election ballot
Signatures Required:
8% of number of voters for governor in last election
Vote Required:
Majority
Allows Referendums? YES
EXCLUDES:
preservation of public peace, health, and safety
Process:
- Introduced in legislature with other bills OR submit signed voter petition
- election ballot
Signatures Required:
5% of voters for governor in last election
Vote Required:
Majority
Oregon
Allows Initiatives? YES – Constitutional & Statutory
Statutory Process:
- Submit signed voter petition
- Election ballot
Signatures Required:
6% of number of voters of governor for 4-year term in last election
Vote Required:
Majority
Allows Referendums? YES
Process:
- submit signed voter petition
- election ballot
Signatures Required:
4% of voters of governor for 4-year term in last election
Vote Required:
Majority
Pennsylvania
Allows Initiatives? NO
Allows Referendums? NO
Rhode Island
Allows Initiatives? NO
Allows Referendums? NO
South Carolina
Allows Initiatives? NO
Allows Referendums? NO
South Dakota
Allows Initiatives? YES – Constitutional & Statutory
Statutory Process:
- Submit signed voter petition
- Election ballot
Signatures Required:
5% of voters
Vote Required:
Majority
Allows Referendums? YES
Process:
- submit signed voter petition
- election ballot
Signatures Required:
5% of voters
Vote Required:
Majority
Tennessee
Allows Initiatives? NO
Allows Referendums? NO
Texas
Allows Initiatives? NO
Allows Referendums? NO
Utah
Allows Initiatives? YES – Statutory Only
Statutory Process:
- file copy of petition and legislation with lieutenant governor
- submit signed voter petition
- verified by county clerk
- sent to lieutenant governor
- sent to legislature OR election ballot
- election ballot if not passed by legislature
Signatures Required:
To Be Sent to Legislature - 4% of active voters AND 4% from each of 26 Senate districts
To Be Sent Directly to Election Ballot - 8% of active voters AND 8% from each of 26 Senate districts
Vote Required:
- Wildlife Laws - 2/3 vote
- All Others - Majority
Allows Referendums? YES
Process:
- file copy of petition with lieutenant governor
- submit signed voter petition
- verified by county clerk
- sent to lieutenant governor
- election ballot
Signatures Required:
8% of active voters AND 8% from each of 15 Senate districts
Vote Required:
- Wildlife Laws - 2/3 vote
- All Others - Majority
Vermont
Allows Initiatives? NO
Allows Referendums? NO
Virginia
Allows Initiatives? NO
Allows Referendums? NO
Washington
Allows Initiatives? YES – Statutory Only
Statutory Process:
- signed voter petition to secretary of state
- EITHER sent to legislature OR election ballot
- election ballot if not approved by legislature
Signatures Required:
8% of voters for governor in last election
Vote Required:
1/3 of all voters AND majority vote on item
Allows Referendums? YES
EXCLUDES:
Preservation of public peace, health, and safety; support of state government or public institution
Process:
- signed voter petition to secretary of state
- EITHER sent to legislature through normal process OR election ballot
Signatures Required:
4% of voters for governor in last election
Vote Required:
1/3 of all voters AND majority vote on item
West Virginia
Allows Initiatives? NO
Allows Referendums? NO
Wisconsin
Allows Initiatives? NO
Allows Referendums? NO
Wyoming
Allows Initiatives? YES – Statutory Only
EXCLUDES:
dedicate revenue; appropriations; create court or their jurisdiction or rules; local or special laws; those prohibited for legislature
Statutory Process:
- Send application & 100 signatures to secretary of state
- signed voter petition
- election ballot
Signatures Required:
15% of voters in last general election AND 15% from 2/3 of all counties
Vote Required:
More than 50%
Allows Referendums? YES
EXCLUDES:
dedicate revenue; appropriations; local or special laws; preservation of public peace, health and safety
Process:
- Send application & 100 signatures to secretary of state
- signed voter petition
- election ballot
Signatures Required:
15% of voters in last general election AND 15% from 2/3 of all counties
Vote Required:
More than 50%
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