Indirect initiated state statute


Types of ballot measures
Initiated
• Initiated constitutional amendment
• Initiated state statute
• Veto referendum
Legislative
• Legislative constitutional amendment
• Legislative state statute
• Legislative bond issue
• Advisory question
Other
• Automatic ballot referral
• Commission-referred measure
• Convention-referred amendment
Select a state from the menu below to learn more about that state's types of ballot measures.

An indirect initiated state statute is a citizen-initiated ballot measure that amends state statute. There are nine (9) states that allow citizens to initiate indirect state statutes.

While a direct initiative is placed on the ballot once supporters file the required number of valid signatures, an indirect initiative is first presented to the state legislature. Legislators have a certain number of days, depending on the state, to adopt the initiative into law. Should legislators take no action or reject the initiative, the initiative is put on the ballot for voters to decide.

Legislatures in five states — Maine, Massachusetts, Michigan, Nevada, and Washington — can propose an alternative proposal to appear alongside the indirect initiated state statute as a competing ballot measure.

The nine states that provide for indirect initiated state statutes are:

States with indirect initiated statutes[edit]

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

List of states[edit]

The following table provides a list of what states provide for indirect initiated state statutes, as well as information on the signature requirements and legislative processes.

States that provide for indirect initiated state statutes
State	Adopted	Constitutional provision	Signature number requirement	Legislative process
Alaska	1956	Article XI, Section 1 of Alaska Constitution	10% of votes cast in the last general election	• Legislature is not required to consider the initiative, and the initiative goes on the ballot after the legislative session adjourns • The governor cannot veto an indirect initiative approved by the Legislature.
Maine	1908	Article IV, Section 18 of Maine Constitution	10% of votes for governor at the last general election	• A simple majority vote is required for the Legislature to approve the initiative. • The Legislature can propose an alternative, competing measure. • The governor can veto an indirect initiative, which if not overridden would then be sent to the ballot.
Massachusetts	1918	Article LXXIV of Massachusetts Constitution	3.5% of the votes cast for governor in the last election	• A simple majority vote is required for the Legislature to approve the initiative. • The Legislature can propose an alternative, competing measure. • The governor can veto an indirect initiative, which if not overridden would then be sent to the ballot.
Michigan	1908	Article II, Section 9 of Michigan Constitution	8% of the votes cast for governor in the last election	• A simple majority vote is required for the Legislature to approve the initiative. • The Legislature can propose an alternative, competing measure. • The governor cannot veto an indirect initiative approved by the Legislature.
Nevada	1905	Article 19, Section 2 of Nevada Constitution	10% of the votes cast in the preceding general election	• A simple majority vote is required for the Legislature to approve the initiative. • The Legislature can propose an alternative, competing measure. • The governor can veto an indirect initiative, which if not overridden would then be sent to the ballot.
Ohio	1912	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	• A simple majority vote is required for the Legislature to approve the initiative. • The governor can veto an indirect initiative, which if not overridden would then be sent to the ballot.
Utah	1900	Article VI, Section 1 of Utah Constitution	4% of the total number of active voters for the legislature and an additional 4% for the ballot	• A simple majority vote is required for the Legislature to approve the initiative. • The governor can veto an indirect initiative, which if not overridden would then be sent to the ballot.
Washington	1912	Article II, Section 1 of Washington Constitution	8% of the votes cast for governor in the last election	• A simple majority vote is required for the Legislature to approve the initiative. • The Legislature can propose an alternative, competing measure. • The governor cannot veto an indirect initiative approved by the Legislature.
Wyoming	1968	Article 3 of Wyoming Constitution	15% of the total ballots cast in the previous general election	• Legislature is not required to consider the initiative, and the initiative goes on the ballot after the legislative session adjourns. • The attorney general may determine a legislative act is the same as the initiative and remove the initiative from the ballot. • The governor cannot veto an indirect initiative approved by the Legislature.

Types of citizen-initiated measures in each state[edit]

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

Other types of ballot measures[edit]

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

Footnotes[edit]

↑ 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.
↑ 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."
↑ ^3.0 ^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.
↑ To suspend the enactment of the targeted law until the election, the requirement is 126,838 valid signatures.
↑ 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.
↑ 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.

[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."

[MODisclaimer-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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