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:

1. File bill and 100 signatures of voters with lieutenant governor
   
2. signed voter petition
   
3. 2+ public hearings at least 30 days before election
   
4. election ballot
   

Signatures Required:

10% from 3/4 of all house districts

Vote Required:

Majority

 

Allows Referendums?  YES

Process:

1. File bill, 100 voter signatures, statement approval/rejection, committee of 3 with lieutenant governor
   
2. submit signed voter petition
   
3. 2+ public hearings at least 30 days before election
   
4. election ballot
   

Signatures Required:

10% from 3/4 of all house districts

Vote Required:

Majority

Arizona

Allows Initiatives?  YES - Constitutional and Statutory

Statutory Process:

1. File bill and application for serial # with SOS
   
2. signed voter petition
   
3. election ballot
   

Signatures Required:

10% of number of voters from last governor election

Vote Required:

Majority

 

Allows Referendums?  YES

Process:

1. File bill and application for serial # with SOS
   
2. signed voter petition OR approved by legislature
   
3. 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:

1. File copy with Secretary of State
   
2. signed voter petition
   
3. election ballot
   

Signatures Required:

8% of number of voters for governor in last election covering 15 counties

Vote Required:

Majority

 

Allows Referendums?  YES

Process:

1. File copy with Secretary of State
   
2. signed voter petition
   
3. 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:

1. Copy sent to Attorney General
   
2. submit signed voter petition
   
3. election ballot
   

Signatures Required:

5% of number of voters in last governor election

Vote Required:

Majority

 

Allows Referendums? YES

Process:

1. Copy sent to Attorney General
   
2. signed voter petition ORlegislature approval
   
3. 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:

1. signed voter petition
   
2. 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:

1. copy of bill, 20 voter signatures, and funding source to Secretary of State
   
2. submit signed voter petition
   
3. attorney general review
   
4. election ballot
   

Signatures Required:

6% of number of voters from last general election per district

Vote Required:

Majority

 

Allows Referendums?  YES

Process:

1. copy of bill and 20 voter signatures to Secretary of State
   
2. signed voter petition
   
3. attorney general review
   
4. 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:

1. submit signed voter petition
   
2. 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:

1. signed voter petition
   
2. submit to local or state election officials to certify
   
3. submit to Secretary of State
   
4. election ballot
   

Signatures Required:

10% of number of votes for governor in last gubernatorial election

Vote Required:

Majority

 

Allows Referendums?  YES

Process:

1. signed voter petition
   
2. submit to local or state election officials to certify
   
3. submit to Secretary of State
   
4. 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:

1. signed voter petition to Secretary of State
   
2. 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:

1. copy and 10 voter signatures to attorney general
   
2. attorney general certified
   
3. signed voter petition to local election official for verification
   
4. signed petition to Secretary of State
   
5. legislature committee hearing
   
6. legislature vote
   
7. 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:

1. copy and 10 voter sig. to secretary of state
   
2. Secretary certified
   
3. signed voter petition
   
4. election ballot
   

Signatures Required:

15,000 voters

Vote Required:

Majority

Michigan

Allows Initiatives? YES – Constitutional & Statutory (Indirectly Only)

Statutory Process:

1. signed voter petition
   
2. enacted or rejected by legislature
   
3. 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:

1. signed voter petition
   
2. 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:

1. submit signed voter petition
   
2. 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:

1. submit signed voter petition
   
2. 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:

1. send signed voter petition to secretary of state
   
2. 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:

1. send signed voter petition to secretary of state
   
2. 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:

1. send signed voter petition to secretary of state
   
2. 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:

1. send signed voter petition to secretary of state
   
2. 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:

1. file copy of petition to secretary of state
   
2. send signed voter petition to secretary of state
   
3. 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:

1. file copy of petition with secretary of state
   
2. signed voter petition to Secretary of State
   
3. 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:

1. file copy of petition and 25 voter signatures to secretary of state
   
2. submit signed voter petition
   
3. election ballot
   

Signatures Required:

2% of total number of state residents from last US census

Vote Required:

Majority

 

Allows Referendums?  YES

Process:

1. file copy of petition and 25 voter signatures to secretary of state
   
2. submit signed voter petition
   
3. 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:

1. file text and petition with secretary of state 10 days before legislative session begins
   
2. Secretary of State sends to legislature after convened
   
3. vote by legislature
   
4. If passed – becomes subject to referendum
   
5. 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:

1. Submit signed voter petition
   
2. 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:

1. Submit signed voter petition
   
2. 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:

1. Introduced in legislature with other bills OR submit signed voter petition
   
2. election ballot
   

Signatures Required:

5% of voters for governor in last election

Vote Required:

Majority

Oregon

Allows Initiatives? YES – Constitutional & Statutory

Statutory Process:

1. Submit signed voter petition
   
2. 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:

1. submit signed voter petition
   
2. 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:

1. Submit signed voter petition
   
2. Election ballot
   

Signatures Required:

5% of voters

Vote Required:

Majority

 

Allows Referendums?  YES

Process:

1. submit signed voter petition
   
2. 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:

1. file copy of petition and legislation with lieutenant governor
   
2. submit signed voter petition
   
3. verified by county clerk
   
4. sent to lieutenant governor
   
5. sent to legislature OR election ballot
   
6. 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:

1. file copy of petition with lieutenant governor
   
2. submit signed voter petition
   
3. verified by county clerk
   
4. sent to lieutenant governor
   
5. 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:

1. signed voter petition to secretary of state
   
2. EITHER sent to legislature OR election ballot
   
3. 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:

1. signed voter petition to secretary of state
   
2. 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:

1. Send application & 100 signatures to secretary of state
   
2. signed voter petition
   
3. 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:

1. Send application & 100 signatures to secretary of state
   
2. signed voter petition
   
3. election ballot
   

Signatures Required:

15% of voters in last general election AND 15% from 2/3 of all counties

Vote Required:

More than 50%