Citizens Changing State Law: A State Guide to Ballot Initiatives and Referendums

Ballot initiatives and referendums are tools of direct democracy that allow citizens to propose or approve laws and constitutional amendments. However, not all states provide these legal mechanisms. In the states that do have these tools, the rules differ.

In some cases, citizens can do this all without a single vote from a legislator. As an informed citizen, it is critical to understand these processes to fully participate. For legal help on starting a ballot initiative, find a local attorney with experience in state constitutional and legal issues.

What Are Ballot Initiatives and Referendums?

A ballot initiative is a citizen-driven proposal to enact new laws or constitutional amendments, giving citizens a direct role in shaping state policy. There are direct and indirect ballot initiatives:

• Direct ballot initiatives allow citizens to bypass the legislature entirely. Citizens draft a proposed statute or constitutional amendment, collect the required number of signatures, and place it directly on the ballot. This process ensures that voters have the final say without interference from elected officials.
• Indirect ballot initiatives allow lawmakers to review the proposed initiative before it goes to voters. If lawmakers approve it, the initiative bypasses the governor and then becomes law. If the lawmakers do not approve it, the initiative appears on the ballot for a popular vote, where citizens decide on the proposal. This indirect initiative process balances citizen input with legislative oversight.

Referendums empower citizens to approve or reject laws passed by the state legislature. Voters can challenge laws by collecting signatures to place the issue on the ballot. If citizens collect enough signatures, the public can decide whether to uphold or repeal the law.

The outcome of a referendum is determined by a popular vote, with laws either upheld or repealed based on the majority’s decision. Typically, laws subject to a referendum are suspended until the vote. While veto referendums are rare, they often result in voters opposing the legislature.

Note that Maryland and New Mexico are the only states that offer a veto referendum as their only form of citizen access to the statewide ballot. Residents of these states can repeal legislative acts but cannot propose new laws or constitutional amendments.

States with Citizen-Led Ballot Initiatives or Referendums

Twenty-six states and the District of Columbia have a referendum process, an initiative process, or both. Although the Mississippi Constitution allows for ballot initiatives, the state’s Supreme Court effectively voided the ballot provision by finding it incompatible with other provisions of law.

The exact number of signatures varies by state and is based on either:

• The population
• The number of registered voters in the state
• Geographic signature requirements
• The percentage of votes cast in the preceding election

The number of signatures ranges from almost a million in California to just over 15,000 signatures in North Dakota.

The table shows the types of ballot initiatives and referendums allowed in various states, along with signature requirements, voting threshold passage, official process links, and constitutional references.

State	Type of Initiative or Referendum	Signatures Required	Votes to Pass	Official Link	Statute
Alaska	Initiative (statute) and referendum	10% of votes in last general election	Simple majority	Alaska Initiative Process	AK Const. Art. XI
Arizona	Initiative (statute & amendment) and referendum	15% (amendment), 10% (statute), 5% (referendum)	Simple majority (60% for tax increases)	Arizona Initiative Process	AZ Const. Art. IV, Pt. 1
Arkansas	Initiative (statute & amendment) and referendum	10% (amendment), 8% (statute), 6% (referendum)	Simple majority	Arkansas Initiative Process	AR Const. Art. 5, § 1
California	Initiative (statute & amendment) and referendum	8% (amendment), 5% (statute and referendum)	Simple majority	California Initiative Process	CA Const. Art. II, § 8
Colorado	Initiative (statute & amendment) and referendum	5% of votes cast for Secretary of State	Simple majority (55% for amendments)	Colorado Initiative Process	CO Const. Art. V, § 1
Florida	Initiative (amendment)	8% of last presidential vote	60% supermajority	Florida Initiative Process	FL Const. Art. XI, § 3
Idaho	Initiative and referendum	6% of registered voters	Simple majority	Idaho Initiative Process	ID Const. Art. III, § 1
Illinois	Initiative (amendment)	8% of last gubernatorial vote	Simple majority or 60% voting on question	Illinois Initiative Process	IL Const. Art. XIV, § 3
Maine	Initiative (statute) and referendum	10% of last gubernatorial vote	Simple majority	Maine Initiative Process	ME Const. Art. IV, Pt. 3
Maryland	Referendum only	3% of last gubernatorial vote	Simple majority	Maryland Initiative Process	MD Const. Art. XVI
Massachusetts	Initiative (statute & amendment) and referendum	3% of last gubernatorial vote	Simple majority (must exceed 30% of total ballots)	Massachusetts Initiative Process	MA Const. Amend. Art. XLVIII
Michigan	Initiative (statute & amendment) and referendum	10% (amendment), 8% (statute), 5% (referendum)	Simple majority	Michigan Initiative Process	MI Const. Art. II, § 9
Mississippi	Inactive (amendment)	N/A	N/A	Mississippi Initiative Process	MS Const. Art. 15, § 273
Missouri	Initiative (statute & amendment) and referendum	8% (amendment), 5% (statute) in 2/3 of districts	Simple majority	Missouri Initiative Process	MO Const. Art. III, § 49
Montana	Initiative (statute & amendment) and referendum	10% (amendment), 5% (statute and referendum)	Simple majority	Montana Initiative Process	MT Const. Art. III, § 4
Nebraska	Initiative (statute & amendment) and referendum	10% (amendment), 7% (statute), 5% (referendum)	Simple majority (minimum 35% of total votes cast)	Nebraska Initiative Process	NE Const. Art. III, § 2
Nevada	Initiative (statute & amendment) and referendum	10% of total votes cast in last general election	Simple majority (amendments require two votes)	Nevada Initiative Process	NV Const. Art. 19
New Mexico	Referendum only	10% of last general election	Simple majority (minimum 40% of total votes cast)	New Mexico Initiative Process	NM Const. Art. IV, § 1
North Dakota	Initiative (statute & amendment) and referendum	4% population (amendment), 2% population (statute and referendum)	Simple majority	North Dakota Initiative Process	ND Const. Art. III
Ohio	Initiative (statute & amendment) and referendum	10% (amendment), 6% (statute and referendum)	Simple majority	Ohio Initiative Process	OH Const. Art. II, § 1
Oklahoma	Initiative (statute & amendment) and referendum	15% (amendment), 8% (statute), 5% (referendum)	Simple majority	Oklahoma Initiative Process	OK Const. Art. V
Oregon	Initiative (statute & amendment) and referendum	8% (amendment), 6% (statute), 4% (referendum)	Simple majority	Oregon Initiative Process	OR Const. Art. IV, § 1
South Dakota	Initiative (statute & amendment) and referendum	10% (amendment), 5% (statute and referendum)	Simple majority	South Dakota Initiative Process	SD Const. Art. III, § 1
Utah	Initiative (statute) and referendum	8% of active voters	Simple majority	Utah Initiative Process	UT Const. Art. VI, § 1
Washington	Initiative (statute) and referendum	8% (statute), 4% (referendum)	Simple majority	Washington Initiative Process	WA Const. Art. II, § 1
Washington, D.C.	Initiative and referendum	5% of registered voters	Simple majority	D.C. Initiative Process	DC Code § 1–204.101
Wyoming	Initiative (statute) and referendum	15% of last general election	Simple majority	Wyoming Initiative Process	WY Const. Art. 3, § 52

States with Limited or No Citizen-Led Processes

Twenty-four states do not provide for any citizen-initiated ballot measures at the statewide level:

1. Alabama
2. Connecticut
3. Delaware
4. Georgia
5. Hawaii
6. Indiana
7. Iowa
8. Kentucky
9. Kansas
10. Louisiana
11. Minnesota
12. New Hampshire
13. New Jersey
14. New York
15. North Carolina
16. Pennsylvania
17. Rhode Island
18. South Carolina
19. Tennessee
20. Texas
21. Vermont
22. Virginia
23. West Virginia
24. Wisconsin

However, in some of these states, municipal and local governments provide for local initiatives.

How To Get a Ballot Initiative on the Ballot

Although ballot measures represent a powerful way for citizens to directly shape the law and drive change, they require meeting strict legal requirements.

Ballot measures have historically required only a simple majority vote (more than 50% of voters), but more states are requiring higher approval thresholds, especially for constitutional amendments.

The process varies widely from state to state, but common requirements include the following:

1. Drafting the initiative petition
2. Meeting the threshold of required signatures based on the percentage of votes cast in the most recent presidential or gubernatorial election (commonly ranging from 3% to 15%) and/or geographic requirements
3. Adhering to timeline requirements for obtaining petition signatures, typically ranging from 90 days to two years
4. Following single-subject rules, requiring that each measure address one topic
5. Filing with the appropriate state agency, such as the Attorney General or Secretary of State

Once the petition is submitted, state officials verify the signatures to ensure they belong to registered state residents. If the requirements are met, the initiative is placed on the ballot for a pubic vote.

The more recent ballot measure campaigns have become sophisticated operations, costing tens of millions of dollars or more. Citizen groups routinely hire professional service firms to help obtain valid signatures and complete petition forms.

Citizen Initiatives vs. Propositions by State Legislatures

Ballot propositions and citizen-driven initiatives are two distinct pathways to shape laws and policies in a state. Both ultimately require voter approval, but their mechanics differ.

Ballot propositions introduced by state legislatures can include new laws and constitutional amendments. The process is controlled by elected officials and limits direct public involvement. Citizen-driven initiatives, on the other hand, empower voters to take a more active role in the lawmaking process.

Citizen-driven initiatives reflect the will of the people, but they face challenges such as meeting strict signature requirements and navigating legal challenges. Legislative proposals, while less grassroots-driven, ensure that significant policy changes have public backing.

Both processes play a critical role in state government, providing distinct, yet complementary pathways for democratic participation and decision-making.

Common Issues Addressed in Ballot Initiatives

Ballot initiatives tackle a variety of important issues and voter concerns. Recent ballot measures include:

• Tax policy. Initiatives such as property tax reform, exemptions, and caps often appear on general election ballots. This reflects efforts to amend the state constitution or adjust tax laws through referenda.
• Healthcare. Healthcare initiatives include proposals to expand Medicaid and address public health funding, which often require approval through initiative/referendum processes.
• Redistricting. Measures to allow the state legislature to conduct congressional redistricting, with proposals often requiring approval by electors during a general election.
• Electoral reform. Measures addressing voter processes and election laws, such as voter ID and citizenship requirements. These measures often include a ballot title to clarify their intent to voters.
• Substance policy. Initiatives related to drug policy include measures to regulate or legalize substances and penalties for drug-related offenses.
• Civil rights and liberties. Initiatives focused on protecting or expanding civil rights, such as measures addressing reproductive rights, same-sex marriage bans, and anti-discrimination policies.

This set of ballot initiatives highlights the diversity of issues that ballot measures can address. Citizens can play a vital role in shaping the future of their states.

Get Legal Help

Do you seek to get more involved in shaping state law and policy? Ballot initiatives and referendums offer a way for citizens to do just that. However, these processes come with complex rules and requirements that vary by state.

Staying informed ensures you’re prepared to engage with these democratic processes. To get assistance to get help with ballot initiatives, referendums, or any issues relating to voting, look for a lawyer in your area using the Super Lawyers directory.