Initiated state statute

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Initiated
• Initiated constitutional amendment
• Initiated state statute
• Veto referendum
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An initiated state statute is a citizen-initiated ballot measure that amends state statute. There are 21 states that allow citizens to initiated state statutes, including 14 that provide for direct initiatives and nine (9) that provide for indirect initiatives (two provide for both). An indirect initiated state statute goes to the legislature after a successful signature drive. The legislatures in these states have the option of approving the initiative itself, rather than the initiative appearing on the ballot. Proponents of a ballot initiative collect petition signatures from a certain minimum number of registered voters in a state.

While a direct initiative goes to voters, an indirect initiated statute first goes to the state legislature, which can select to enact the initiative. You can read more about indirect initiated state statutes here.

The 21 states that provide for initiated state statutes are:

Initiated state statutes on the ballot

See also: 2024 ballot measures and 2025 ballot measures

The following is a list of initiated state statutes certified for the current year and next year:


States that provide for initiated state statutes

The following map illustrates which states provide for initiated state statutes and information on whether the initiatives are direct or indirect:

List of states

The following table provides a list of what states provide for initiated state statutes, as well as information on the type (direct or indirect) and signature requirements.

States that provide for initiated state statutes
State Adopted Type Constitutional provision Signature number requirement
Alaska 1956 Indirect Article XI, Section 1 of Alaska Constitution 10% of votes cast in the last general election
Arizona 1912 Direct Article 4, Part 1 of Arizona Constitution 10% of the votes cast for governor in the last election
Arkansas 1920 Direct Article 5, Section 1 of Arkansas Constitution 8% of the votes cast for governor in the last election
California 1911 Direct Article II, Section 8 of California Constitution 5% of the votes cast for governor in the last election
Colorado 1910 Direct Article V, Section 1 of Colorado Constitution 5% of the votes cast for secretary of state in the last election
Idaho 1912 Direct Article III, Section 1 of Idaho Constitution 6% of registered voters at the last general election
Maine 1908 Indirect Article IV, Section 17 of Maine Constitution 10% of votes for governor at the last general election
Massachusetts 1918 Indirect Article LXXIV of Massachusetts Constitution 3.5% of the votes cast for governor in the last election
Michigan 1908 Indirect Article II, Section 9 of Michigan Constitution 8% of the votes cast for governor in the last election
Missouri 1908 Direct Article III, Section 49 of Missouri Constitution 5% of the votes cast for governor in the last election
Montana 1906 Direct Article III, Section 4 of Montana Constitution 5% of the votes cast for governor in the last election
Nebraska 1912 Direct Article III, Section 2 of Nebraska Constitution 7% of registered voters
Nevada 1905 Indirect Article 19, Section 2 of Nevada Constitution 10% of the votes cast in the preceding general election
North Dakota 1914 Direct Article III, Section 1 of North Dakota Constitution 2% of the population
Ohio 1912 Indirect Article II, Section 1b of Ohio Constitution 3% of the total number of active voters for the legislature and an additional 3% for the ballot
Oklahoma 1907 Direct Article V, Section 1 of Oklahoma Constitution 8% of the votes cast for governor in the last election
Oregon 1902 Direct Article IV, Section 1 of Oregon Constitution 6% of the votes cast for governor in the last election
South Dakota 1898 Direct Article III, Section 1 of South Dakota Constitution 5% of the votes cast for governor in the last election
Utah 1900 Direct and Indirect Article VI, Section 1 of Utah Constitution Direct: 8% of the total number of active voters
Indirect: 4% of the total number of active voters for the legislature and an additional 4% for the ballot
Washington 1912 Direct and Indirect Article II, Section 1 of Washington Constitution 8% of the votes cast for governor in the last election
Wyoming 1968 Indirect Article 3 of Wyoming Constitution 15% of the total ballots cast in the previous general election

Changing voter-approved initiated state statutes

See also: Legislative alteration

States have different laws governing when and how legislators can amend voter-approved initiated state statutes. Of the 21 states that provide for initiated state statutes:

  • Eleven states have no restrictions on when or how legislators can amend or repeal voter-approved initiated statutes.
  • Ten states have restrictions on how and when the legislature can amend or repeal voter-approved initiatives.
    • Eight states have a supermajority vote requirement or a time requirement.
    • Two states require voter approval to amend voter-approved initiatives.


Types of citizen-initiated measures in each state

See also: States with initiative or referendum

There are 26 states that provide citizens with the power of initiative, referendum, or both. The following table shows the type of citizen-initiated ballot measures in each of those states. The table also provides the signature requirements for each type of measure for the 2023-2024 election cycle.

States that provide for types of citizen-initiated measures and current signature requirements
State Constitutional Signatures Statute Signatures Referendum Signatures
Alaska No N/A Yes 26,705 Yes 26,705
Arizona Yes 383,923 Yes 255,949 Yes 127,975
Arkansas Yes 90,704 Yes 72,563 Yes 54,422
California Yes 874,641 Yes 546,651 Yes 546,651
Colorado Yes 124,238 Yes 124,238 Yes 124,238
Florida Yes 891,589 No N/A No N/A
Idaho No N/A Yes 62,895 Yes 62,895
Illinois Yes 328,371 No N/A No N/A
Maine No N/A Yes 67,682 Yes 67,682
Maryland No N/A No N/A Yes 60,157
Massachusetts Yes 74,490 Yes 74,490 Yes 37,245[1]
Michigan Yes 446,198 Yes 356,958 Yes 223,099
Mississippi[2] Yes 106,190 No N/A No N/A
Missouri Yes 171,592[3] Yes 107,246[3] Yes 107,246[3]
Montana Yes 60,359 Yes 30,179 Yes 30,179
Nebraska Yes 126,838 Yes 88,787 Yes 63,419[4]
New Mexico No N/A No N/A Yes 71,475[5]
Nevada Yes 102,362 Yes 135,561 Yes 102,362
North Dakota Yes 31,164 Yes 15,582 Yes 15,582
Ohio Yes 413,487 Yes 248,092[6] Yes 248,093
Oklahoma Yes 172,993 Yes 92,263 Yes 57,664
Oregon Yes 156,231 Yes 117,173 Yes 78,115
South Dakota Yes 35,017 Yes 17,508 Yes 17,508
Utah No N/A Yes 134,298 Yes 134,298
Washington No N/A Yes 324,516 Yes 162,258
Wyoming No N/A Yes 29,730 Yes 29,730

Types of ballot measures

See also: Ballot measure

Most ballot measures are placed on the ballot through citizen initiatives or legislative processes. Others are placed on the ballot automatically, by a special commission, or by a state constitutional convention. The following is a list of different types of state ballot measures:

Types of state ballot measures
Citizen-initiated ballot measure
• Initiated constitutional amendment
• Direct initiated constitutional amendment
• Indirect initiated constitutional amendment
• Initiated state statute
• Direct initiated state statute
• Indirect initiated state statute
• Combined initiated constitutional amendment and state statute
• Veto referendum
• Statute affirmation (Nevada)
Legislatively referred ballot measure
• Legislatively referred constitutional amendment
• Legislatively referred state statute
• Legislatively referred bond measure
• Advisory question
Other type of state ballot measure
• Automatic ballot referral
• Constitutional convention question
• Commission-referred ballot measure
• Convention-referred constitutional amendment

See also

Footnotes

  1. ↑ This was the number of signatures required to put a targeted law before voters. To suspend the enactment of the targeted law until the election, the requirement was 49,660 valid signatures.
  2. ↑ On May 14, 2021, the Mississippi Supreme Court issued a 6-3 decision stating that it is impossible for any petition to meet the state's distribution requirement and has been impossible since congressional reapportionment in 2001. The six justices wrote, "... Whether with intent, by oversight, or for some other reason, the drafters of [the constitutional signature distribution requirement] wrote a ballot initiative process that cannot work in a world where Mississippi has fewer than five representatives in Congress. To work in today’s reality, it will need amending—something that lies beyond the power of the Supreme Court."
  3. ↑ 3.0 3.1 3.2 This is the minimum required if signatures are collected in the congressional districts with the lowest numbers of votes cast in 2020. The signature requirement varies based on what districts are targeted for signature collection.
  4. ↑ To suspend the enactment of the targeted law until the election, the requirement is 126,838 valid signatures.
  5. ↑ This was the number of signatures required to put a targeted law before voters. To suspend the enactment of the targeted law until the election, the requirement was 178,689 valid signatures.
  6. ↑ This is the requirement for two rounds of signatures to get an initiated statute on the ballot; half the number of signatures—124,046—is required to place the initiative before the legislature.
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