Indirect initiated state statute

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Types of ballot measures

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Initiated
Initiated constitutional amendment
Initiated state statute
Veto referendum
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Legislative constitutional amendment
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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

See also[edit]

Footnotes[edit]

  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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