This Report surveys current state laws affecting direct democracy, with an emphasis on those relating to voter participation and understanding. For instance, what information appears on the ballot, and who prepares it? What standards exist, if any, to ensure that ballot language is clear and impartial? When, and how, can courts step in?
This Report surveys current state laws affecting direct democracy, with an emphasis on those relating to voter participation and understanding. For instance, what information appears on the ballot, and who prepares it? What standards exist, if any, to ensure that ballot language is clear and impartial? When, and how, can courts step in?
The Executive Summary, available for download below, highlights key findings of this 50-state snapshot, as well as ways in which state laws may undermine direct democracy’s objective of empowering voters to make policy choices. The Full Report also includes state-specific information on the types of direct democracy available, the timing of direct democracy elections, ballot contents and other information provided to voters, and the involvement of the state judicial branch (also viewable below).
Alabama does not have statewide initiatives or veto referendums but has legislatively referred amendments. Proposed amendments may be submitted to voters at either the next general election following legislative approval, or another day appointed by the legislature, if it is at least three months following adjournment of the approving legislature. Although the legislature is responsible for drafting the official ballot language, a commission comprised of eighteen members prepares a more comprehensive voter guide or “ballot statement” that is made available to the public before the election. Individual legislators are also permitted to submit statements supporting or opposing a proposed amendment, which are posted on the same state webpage as the commission’s ballot statement. Alabama’s provisions governing legislatively referred amendments do not explicitly provide for judicial review of ballot language or related materials, but review may be available under other channels, such as actions for declaratory and/or injunctive relief.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in Alabama
Alabama does not have statewide initiatives or veto referendums but has legislatively referred amendments.
X Initiatives – Statutory
X Initiatives – Constitutional
X Veto Referendums
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the legislature must be approved by Alabama voters. Ala. Const. art. XVIII, § 284.
Election Timing
After approval by 3/5 of all members elected to each house of the legislature, a proposed constitutional amendment is submitted to Alabama voters at either the next general election following legislative approval, or “upon another day appointed by the legislature, not less than three months after the final adjournment of the session of the legislature at which the amendments were proposed.” Ala. Const. art. XVIII, § 284. State statutes indicate that a legislatively referred amendment may be submitted at a primary election. See Ala. Code § 17-6-26(b).[1]
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The ballot for any proposed constitutional amendment in Alabama must display the following.
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
Under the state constitution, the Governor must publish a proclamation that provides notice of the election and the full text of the proposed amendment in every county in “such manner as the legislature shall direct.” See Ala. Const. art. XVIII, § 284. Publication must be made for at least four successive weeks before the election. See id.
Voter Information Pamphlet
The Alabama Fair Ballot Commission is responsible for creating a guide or “ballot statement.” See Ala. Code § 17-6-81(b). The Commission is made up of eighteen members, including the Governor, Lieutenant Governor, Commissioner of Agriculture and Industries, Speaker of the House of Representatives, and the Secretary of State (or their designees), persons from specified academic institutions, both attorney and non-attorney citizen members appointed by the political members, and others. See id. sub. (a)(2). The Commission’s ballot statement must be adopted by a majority of present members; to the extent that a majority cannot agree, the Commission is to publish any portions which can be agreed upon. See id. sub. (d)–(e).
The ballot statement must include the following information, which must be “written in plain, nontechnical language and in a clear and coherent manner using words with common and every day meaning that are understandable to the average reader.” See Ala. Code § 17-6-81(c). Further, the statement must be “true and impartial statements of the effect of a vote for and a vote against the measure in language neither intentionally argumentative nor likely to create prejudice for or against” the proposal. Id.
The ballot statement must be published on the Secretary of State’s website at least 60 days before the election and must also be distributed in the same manner provided for distribution of sample ballots; in addition, at least 55 days before the election, copies must be made available for public distribution at the office of the Secretary of State or at the office of each probate judge. See Ala. Code § 17-6-81(b), (e).
In addition to the Commission’s ballot statement, any member of the legislature or their designee may post individual statements supporting or opposing a proposed constitutional amendment on the same portion of the Secretary of State’s website where the ballot statement is posted. See Ala. Code § 17-6-81(g). Each individual statement must not exceed 300 words and must be submitted for posting at least ten days prior to the election. Id.
JUDICIAL REVIEW
When and how can the court step in?
Alabama’s provisions governing legislatively referred amendments do not explicitly provide for judicial review of ballot language or related materials, but review may be available under other channels, such as actions for declaratory and/or injunctive relief.
Sample case: Chappell v. State, 810 So. 2d 639 (Ala. 2001) (rejecting a voter challenge to the ballot description; holding the ballot description clearly indicated the nature of the proposed amendment, and that the description is not required to describe the entire substance or subject matter of the proposed amendment).
[1] The Alabama Code can be found online. The Alabama Legislature, Code of Alabama, https://alison.legislature.state.al.us/code-of-alabama (last visited Oct. 29, 2023).
Alaska has statutory initiatives (but not constitutional initiatives), veto referendums, and legislatively referred amendments. Alaska is distinct in the sense that initiatives and veto referendums may be voted upon at a special and/or primary election, as directed by the Lieutenant Governor, whereas legislatively referred amendments must be voted upon at the next general election. Across all kinds of ballot measures, the Alaska Lieutenant Governor plays the central role in developing ballot language and a voter information pamphlet, and the determinations of the Lieutenant Governor are generally subject to pre-election judicial review.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in Alaska
Alaska has statutory voter initiatives, veto referendums, and legislatively referred amendments.
√ Initiatives – Statutory
The people of Alaska have the initiative power to propose and enact legislation. Alaska Const. art. XI, § 1.
X Initiatives – Constitutional
√ Veto Referendums
Alaskans have the referendum power to require that any act of the legislature be submitted to the voters for their approval or rejection. Alaska Const. art. XI, §§ 1, 5. A veto referendum petition must be submitted within 90 days of adjournment of the legislative session in which the act was passed. Id. § 5.
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the legislature must be approved by Alaska voters. Alaska Const. art. XIII, § 1.
Election Timing
The timing of an election on a ballot measure can vary depending on the form of direct democracy.
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
Ballot requirements vary slightly depending on whether the measure is initiated via voter petition or submitted by the legislature. Regardless of the type of measure, ballot language is subject to readability requirements, which take into account syllables in addition to words. See Alaska Stat. § 15.80.005. However, a court may not enjoin an election for failing to comply with readability requirements. Id. sub. (d).
See Alaska Stat. §§ 15.45.180, 15.45.410. The ballot language is drafted by the Lieutenant Governor, with the assistance of the Attorney General. Alaska Const. art. XI, §§ 4–5; Alaska Stat. §§ 15.45.180, –.410.
See Alaska Stat. § 15.50.020. A proposed version of the ballot language is prepared by the Lieutenant Governor within 30 days of adjournment of the legislative session; the draft is made available publicly and mailed to each member of the legislature. Alaska Const. art. XIII, § 1; Alaska Stat. §§ 15.50.010–15.50.020. Then, a qualified voter or legislator acting through the legislative council may submit an objection to the Lieutenant Governor’s proposed language within 15 days. Alaska Stat. § 15.50.025. The Lieutenant Governor must consider each objection before issuing the final language. Id.
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
X Alaska law does not generally require that information about veto referendums or legislatively referred amendments be published in a newspaper or similar media.
Voter Information Pamphlet
The Lieutenant Governor must prepare and distribute an election pamphlet before each election (including any primary and/or special election). The guide must include the following information about each ballot measure (whether an initiative, veto referendum, or legislatively referred amendment):
Alaska Stat. §§ 15.58.010–.020. The Lieutenant Governor must mail a pamphlet to every registered voter and must also assist in preparing a recording of the pamphlet that is made available through the state library. Id. § 15.58.080.
Additionally, for all ballot measures, the Director of Elections must provide each local board with a copy of the proposition (whether the proposed law, the referred act, or the legislative resolution proposing a constitutional amendment) for display in a conspicuous place in the polling room. Alaska Stat. §§ 15.45.200, –.430, 15.50.040.
JUDICIAL REVIEW
When and how can the court step in?
Sample case: State v. Vote Yes for Alaska’s Fair Share, 478 P.3d 679, 690 (Alaska 2021) (opining that a ballot summary “must ‘be free from any misleading tendency, whether of amplification, of omission, or of fallacy, and . . . it must contain no partisan coloring . . . ’”; holding that the Lieutenant Governor’s ballot summary was misleading to voters, because instead of disclosing there were remaining questions about how the initiative would be implemented, the summary suggested an answer to one such open question).
Arizona has statutory and constitutional initiatives, veto referendums, and legislatively referred amendments. Arizona ballot measures to approve a tax must receive 60% of votes in order to be adopted. The Arizona legislature has the power to call a special election for a vote on a proposed constitutional amendment, regardless of whether the amendment is proposed via initiative or by the legislature. It is the Secretary of State, however, that drafts ballot language and compiles a voter information pamphlet, with input from the Legislative Council. Arizona law specifies that people using the initiative and veto referendum processes must strictly comply with all process requirements and allows any person to legally challenge a measure based on a lack of strict compliance.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in Arizona
Arizona has statutory and constitutional initiatives, veto referendums, as well as legislatively referred amendments. Arizona ballot measures to approve a tax must receive 60% of votes in order to be adopted. Ariz. Const. art. XXI, § 1; art. IV, pt. 1, §§ 1(5)–(6), (13)–(14).
√ Initiatives – Statutory
√ Initiatives – Constitutional
The people of Arizona have reserved the initiative power to propose and enact laws and/or constitutional amendments independently of the legislature. Ariz. Const. art. IV, pt. 1, § 1(1)-(2).
√ Veto Referendums
Arizonans have the referendum power to require that any law (or any part of any law) passed by the legislature be put to a popular vote, except for certain emergency laws passed with a legislative supermajority. Ariz. Const. art. IV, pt. 1, § 1(1), (3).
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the legislature must be approved by Arizona voters. Ariz. Const. art. XXI, § 1.
Election Timing
The timing of an election on a ballot measure can vary depending on the form of direct democracy. For proposed constitutional amendments, the legislature may call a special election, regardless of how the amendment is proposed.
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The ballot for a state ballot measure must include the following.
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
Voter Information Pamphlet
The Secretary of State must prepare a Publicity Pamphlet that is posted on a government website and mailed to every registered voter. Ariz. Rev. Stat. § 19-123(B). (Pamphlets may also be emailed at the option of the voter.) Id. The pamphlet must contain the following information.
JUDICIAL REVIEW
When and how can the court step in?
In addition to legal actions by sponsors, Arizona allows any person to bring an action to contest the validity of an initiative or veto referendum: including based on actions of the Secretary of State or the measure’s sponsors’ lack of strict compliance with process requirements. See Ariz. Rev. Stat. § 19-122(A), (C). The Supreme Court of Arizona has stopped measures from being submitted to voters due to a lack of strict compliance with procedural requirements. See, e.g., Molera v. Reagan, 428 P.3d 490, 492 (Ariz. 2018). In recent years, the court has not invalidated ballot language crafted by the Secretary of State. See, e.g., Quality Educ. & Jobs Supporting I-16-2012 v. Bennet, 292 P.3d 192, 194 (Ariz. 2013).
Sample case: Compare Molera v. Reagan, 428 P.3d 490, 492 (Ariz. 2018) (holding initiative proponents did not comply with the requirements of § 19-102(A) because the petition description of initiative’s principal provisions omitted material provisions and created a significant danger of confusion or unfairness to signers) with Molera v. Hobbs, 474 P.3d 667, 677 (Ariz. 2020) (finding petition summary sufficient to permit measure to qualify for ballot). See also Quality Educ. & Jobs Supporting I-16-2012 v. Bennett, 292 P.3d 192, 194 (Ariz. 2013) (rejecting challenge to ballot language drafted by Secretary of State, after considering whether the chosen language would be “misleading, inaccurate, lacking in neutrality, or argumentative”) (citation omitted).
Arkansas has statutory and constitutional initiatives, veto referendums, and legislatively referred amendments. The timing of an election can vary depending on the kind of ballot measure; while measures are generally submitted at regular general elections, the people may petition for a special election on a veto referendum. The process for developing ballot language also varies depending on whether a ballot measure is initiated via voter petition or referred by the legislature. While Arkansas’ constitutional and statutory provisions contain few explicit guidelines as to the ballot language content, pre-election judicial review may be sought by any registered voter, regardless of the type of ballot measure, and the Arkansas Supreme Court has held that, at a minimum, ballot language may not be fraudulent.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in Arkansas
Arkansas has statutory and constitutional initiatives, veto referendums, and legislatively referred amendments.
√ Initiatives – Statutory
√ Initiatives – Constitutional
The people of Arkansas have reserved the initiative power to propose and enact laws and/or amendments to the state constitution independently of the legislature. Ark. Const. art. 5, § 1. The Arkansas Constitution also provides that no measure approved by a vote of the people shall be amended or repealed by the General Assembly except upon a vote of 2/3 of all members elected to each house. See id.
√ Veto Referendums
Arkansans also have the referendum power to approve or reject any act of the General Assembly, or any section thereof, or any item of an appropriation bill. See Ark. Const. art. 5, § 1.
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the Arkansas legislature must be approved by voters. See Ark. Const. art. 19, § 22.
Election Timing
The timing of an election can vary depending on the kind of ballot measure. While measures are generally submitted at regular general elections, the people may petition for a special election on a veto referendum.
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The ballot for any statewide ballot measure in Arkansas must display the following.
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
For any state ballot measure, the Secretary of State is charged with publishing notice in two weekly issues of some newspaper in each county. Ark. Code § 7-9-113(a)(1), (b)(1). The details of the publication vary somewhat based on the type of ballot measure, as follows.
Voter Information Pamphlet
JUDICIAL REVIEW
When and how can the court step in?
Arkansas statutes used to provide a similar right of action to challenge ballot title determinations. See H.B. 1320, 94th Gen. Assemb., Reg. Sess. § 4 (Ark. 2023) (amending Ark. Code Ann. § 7-9-112(a)). But now, only a measure’s sponsors may petition the Arkansas Supreme Court to challenge a ballot title determination made by the Attorney General. Ark. Code Ann. § 7-9-107(f). In challenges to the sufficiency of ballot title or popular name language under a prior version of the statute which allowed for challenges regarding ballot language sufficiency, the Arkansas Supreme Court asked whether the title adequately describes the proposed measure and whether the measure is misleading as opposed to intelligible, honest, and impartial. See, e.g., Armstrong v. Thurston, 652 S.W.3d 167, 175–77 (Ark. 2022).
Sample cases: Kurrus v. Priest, 29 S.W.3d 669, 675, 678 (Ark. 2000) (holding ballot title failed to convey the scope and import of the measure and was misleading; enjoining placement on the ballot); Armstrong v. Thurston, 652 S.W.3d 167, 174, 178 (Ark. 2022) (holding the State Board of Election Commissioners lacked authority under the state constitution to decline to certify a ballot title as insufficient and finding challenged ballot title to be sufficient).
Sample case: Steele v. Thurston, 609 S.W.3d 357, 363 (Ark. 2020) (finding ballot title was sufficient and did not reflect “manifest fraud” upon the public).
California has statutory and constitutional initiatives, veto referendums, and legislatively referred amendments. The timing of an election on a California ballot measure can vary somewhat depending on the kind of ballot measure, but special elections are allowed regardless of the type of ballot measure. All statewide ballot measures are subject to similar requirements governing ballot language, which is largely prepared by the Attorney General, as well as detailed voter guides that include information compiled by multiple state entities. California requires arguments in favor of and in opposition to each measure to be displayed on the ballot, in addition to an official title and summary and a fiscal impact statement. California provides multiple opportunities for public review and public comment before the opportunity to vote on the measure at the polls.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in California
California has statutory and constitutional initiatives, veto referendums, and legislatively referred amendments.
√ Initiatives – Statutory
√ Initiatives – Constitutional
The people of California have the initiative power to propose and enact statutes and/or amendments to the state constitution. Cal. Const. art. II, § 8, art. XVIII, § 3.
√ Veto Referendums
Californians also have the referendum power to approve or reject any statute, or any part thereof, except “urgency statutes, statutes calling elections, and statutes providing for tax levies or appropriations for usual current expenses of the state.” Cal. Const. art. II, § 9.
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the legislature must be approved by California voters. Cal. Const. art. XVIII, §§ 1, 4.
Election Timing
The timing of an election on a California ballot measure can vary somewhat depending on the kind of ballot measure. For initiatives and veto referendums, the Governor may call a special election, which must take place before the next general election. However, legislatively referred amendments must be submitted at the next statewide election (whether a general or special election).
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The ballot for any statewide ballot measure in California must contain the following information.
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
California’s limited publication requirements pertain to two facets of its direct democracy processes.
Voter Information Pamphlet
The California Secretary of State must compile a voter information guide containing the following information about each state ballot measure.
The Secretary of State is responsible for compiling, printing, and recording the voter guide, and for mailing it to all registered voters at specified times. See Cal. Elec. Code §§ 9082.7, 9094. The Secretary of State must allow voters to opt out of the mailing, including opting out for electronic mailing. See id. § 9094.5.
JUDICIAL REVIEW
When and how can the court step in?
At least 20 days before the voter information guide is to be printed, the Secretary of State must submit it for public examination. Any elector may seek a writ of mandate, which may be granted “upon clear and convincing proof that the copy in question is false, misleading, or inconsistent with [statutory requirements] . . . , and that issuance of the writ will not substantially interfere with the printing and distribution” of the guide. Cal. Elec. Code § 9092. This statute has been interpreted as permitting pre-election challenges to the ballot language. E.g., Yes on 25, Citizens for an On-Time Budget v. Superior Court, 118 Cal. Rptr. 3d 290, 295 (Cal. Ct. App. 2010).
Sample case: Becerra v. Superior Court of Sacramento Cnty., No. C092405, 2020 WL 4668180, at *1 (Cal. Ct. App. Aug. 11, 2020) (unpublished opinion) (affirming judgment of lower court holding ballot summary to be misleading and ordering that revised language be placed on the ballot).
Colorado has statutory and constitutional initiatives, veto referendums, and legislatively referred amendments. The state constitution was amended in 2016 to make constitutional amendment a “more difficult” process and now requires a supermajority threshold for voter approval. All ballot measures must be submitted to voters at a regular general election. For all ballot measures, ballot language is prepared by a special board consisting of the Secretary of State, the Attorney General, and the Office of the Legislative Legal Services. In addition, a nonpartisan legislative research director is charged with making detailed information available about each state ballot measure. Judicial review of ballot language is available, though it is deferential to the board’s title decisions.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in Colorado
Colorado has statutory and constitutional initiatives, veto referendums, as well as legislatively referred amendments.
√ Initiatives – Statutory
The people of Colorado have reserved the initiative power to propose and enact statutes. Colo. Const. art. V, § 1(1)–(2).
√ Initiatives – Constitutional
The people of Colorado also have the initiative power to propose and enact amendments to the state constitution. Colo. Const. art. V, § 1(1), (2.5). Constitutional amendments are subject to a 55% voter approval threshold. See id. art. XIX, § 2(1)(b).
√ Veto Referendums
Coloradans have the referendum power to require that any law passed by the legislature, or any section thereof, be put to a popular vote, except “as to laws necessary for the immediate preservation of the public peace, health, or safety, and appropriations for the support and maintenance of . . . state institutions.” Colo. Const. art. V, § 1(1) & (3).
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the legislature must be approved by Colorado voters. Colo. Const. art. XIX, § 2. Constitutional amendments, including those proposed by the legislature, are subject to a 55% voter approval threshold unless they are repealing a constitutional provision. See id. § 2(1)(b).
Election Timing
The precise timing of an election on a ballot measure depends on the form of direct democracy, but all state ballot measures must be submitted to voters at a general election.
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The ballot for any Colorado ballot measure must contain the following information.
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
In addition to compiling the voter information booklet described below, the nonpartisan director of research of the legislative council must publish the full text, title, and ballot language of each measure that will be submitted to voters. Colo. Const. art. V, § 1(7.3); Colo. Rev. Stat. § 1-40-124. Publication must be made at least once in at least one publication of general circulation in each county, at least 15 days before the final date of voter registration. Id.
Voter Information Pamphlet
The nonpartisan legislative research director must compile a ballot information booklet containing the following information about each state ballot measure.
While the booklet is compiled by the research director, the legislative council may modify the draft booklet with a 2/3 affirmative vote of the members of the legislative council. Colo. Rev. Stat. § 1-40-124.5(1.7)(a).
Once the booklet is finalized, the research director is charged with distribution, which must include mailing the booklet to all active registered voters at least 30 days before the election and may also include publishing it in a newspaper of general circulation subject to standard bidding processes. See Colo. Rev. Stat. § 1-40-124.5(2); Colo. Const. art. V, § 1(7.5)(b).
JUDICIAL REVIEW
When and how can the court step in?
A petition sponsor or any elector dissatisfied with a decision of the Title Board may file a challenge claiming the ballot title is unfair or that it does not fairly express the true meaning and intent of the proposed state law or constitutional amendment. Colo. Rev. Stat. § 1-40-107. This “motion for rehearing” must be filed within 7 days of the Title Board’s decision. Id. Judicial review is deferential to decisions of the Title Board. In re Title, Ballot Title, Submission Clause, Summary for 2005–2006 No. 73, 135 P.3d 736 (Colo. 2006).
Sample case: In re Title, Ballot Title, Submission Clause, Summary for 2005-2006 No. 73, 135 P.3d 736, 740 (Colo. 2006) (noting that the court reviews decisions of the Title Board with great deference and will only reverse the Board’s decision if the titles are insufficient, unfair, or misleading, and holding that details omitted from titles were not central features of the measure).
In Connecticut, legislatively referred amendments are the only form of statewide direct democracy. In addition to the legislature, the Secretary of State also plays a role in the preparation process by drafting a portion of the ballot language that will appear to voters and by creating an educational voter guide. Judicial review is available to challenge decisions of the Secretary of State, but there is no express provision for judicial review of the portion of the ballot language drafted by the legislature. All legislatively referred amendments are presented to voters at a general election in an even-numbered year.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in Connecticut
Connecticut does not have statewide initiatives or veto referendums but has legislatively referred amendments.
X Initiatives – Statutory
X Initiatives – Constitutional
X Veto Referendums
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the legislature must be approved by Connecticut voters. Conn. Const. art. 12.
Election Timing
A proposed amendment is presented to voters after either: (1) it is approved by a 3/4 supermajority of each house, or (2) it is approved by a majority of each house, in two consecutive general assemblies. It is presented to voters at the general election to be held in November of the next even-numbered year. Conn. Const. art. 12.
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The ballot for a proposed amendment to the Connecticut Constitution must include the following.
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
Localities must provide notice or a “warning” of an election, which must include that a purpose of the election is to vote for the approval or disapproval of any proposed amendment. Conn. Gen. Stat. § 9-369. Warnings are published in a local newspaper and the town’s internet website between five and fifteen days before the early voting period begins. See S.B. 1185, 2023 Gen. Assemb., Jan. Reg. Sess. (Conn. 2023) (amending Conn. Gen. Stat. § 9-225 (West, Westlaw, through 2023 S.B. 1185)).
Voter Information Pamphlet
By the first of October each election year, the Secretary of State must prepare a voter guide in consultation with the State Elections Enforcement Commission. Conn. Gen. Stat. § 9-4a(a). The guide must include the following information about each proposed amendment appearing on the ballot.
The Secretary of State must publish the voter guide online and cause the explanatory text to be printed and sent to localities “for public distribution,” including in the form of polling place posters. Conn. Gen. Stat. §§ 9-4a(a), 2-30a(a)–(b).
JUDICIAL REVIEW
When and how can the court step in?
Any person “claiming to have been aggrieved by any ruling of any election official in connection with a referendum” may bring an action in a superior court. See Conn. Gen. Stat. § 9-371b.This statute presumably authorizes actions claiming aggrievement by the Secretary of State. However, Connecticut’s direct democracy provisions do not explicitly provide for judicial review of ballot language prepared by the legislature. See, e.g., Conn. Gen. Stat. §§ 9-324, 9-371b. The provisions also provide a few guidelines as to the sufficiency of ballot language and other voter materials. See Id. That said, judicial review may be available under other channels. See Soto v. Conn. Gen. Assembly, No. HHD-CV-22-5075490-S, 2022 WL 17818264, at *4 (Super. Ct. Conn., Dec. 15, 2022) (unpublished opinion) (discussing classical aggrievement standing theory).
Delaware is a national outlier in that proposed amendments to the state constitution are not submitted to voters for their approval or rejection. Instead, amendments are adopted after approval by two consecutive legislatures, separated by a general election. Delaware does require that notice of proposed amendments be given to the public, but the state supreme court has held that only substantial requirements with these publication requirements is required.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in Delaware
Delaware does not have statewide initiatives, veto referendums, or legislatively referred amendments.
X Initiatives – Statutory
X Initiatives – Constitutional
X Veto Referendums
X Legislatively Referred Amendments
Voter approval is not required to amend the Delaware Constitution, making Delaware a national outlier. Instead, an amendment must be agreed to by 2/3 of the members elected to each house of the legislature, in two consecutive general assemblies. Del. Const. art. XVI, § 1.
Delaware lacks all forms of statewide direct democracy that are the focus of this report. Similar to other states, the Delaware legislature may submit to voters the question of whether to hold a constitutional convention. See Del. Const. art. XVI, § 2.
Election Timing
As noted, constitutional amendments are not submitted to Delaware voters. However, the constitution requires that there be one general election between the amendment being proposed and the amendment being approved by a subsequent general assembly. Del. Const. art. XVI, § 1.
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
After a proposed amendment is agreed to by each house of the legislature for the first time, the proposed amendment must be disseminated to the public not less than 90 days before the next general election and not more than 120 days before the next general election “as provided for by an act of the General Assembly.” S.B. 38, 152d Gen. Assemb., 1st Reg. Sess. (Del. 2023) (amending Del. Const. art. 16, § 1).
A statute further specifies the qualifications of eligible newspapers through which the proposed amendment may be disseminated and requires that the proposed amendment be disseminated online. Del. Code Ann. tit. 29, § 914(a)–(b).[1] The statute further designates the Secretary of the Senate and the Chief Clerk of the House of Representatives to disseminate amendments proposed by Senate bills and House bills respectively, provides for notices to be reviewed and approved by the Secretary of the Senate, the Chief Clerk of the House of Representatives, the State Election Commissioner, and the Director of the Division of Research, and requires the designated individual disseminating the notice to provide notice of dissemination to several state officials and indicate which newspapers and websites the disseminated notice has been published Id. sub. (c)–(e). sub. (c)–(e).
Voter Information Pamphlet
JUDICIAL REVIEW
When and how can the court step in?
The Delaware Supreme Court has opined that only substantial compliance with the state’s publication requirements is required; literal compliance is not, so long as the electorate has not been misled and the rationale behind publication has been fulfilled.
Sample case: Opinion of the Justices, 275 A.2d 558 (Del. 1971) (advisory opinion) (upholding the validity of constitutional amendments which were published, though tardily; but finding that proposed amendments that were not published at all—for which there was no compliance—were not valid constitutional amendments).
[1] The Delaware Code can be found online. The Delaware Code Online, https://delcode.delaware.gov/ (last accessed Oct. 29, 2023).
Florida does not have statutory initiatives or veto referendums but does have constitutional initiatives and legislatively referred amendments. The timing of an election on a proposed constitutional amendment depends on whether it originates via initiative petition or the legislature; for legislatively referred amendments, a special election may be called with a legislative supermajority. Ballot contents also vary depending on the proposed amendment’s origins. For initiatives, detailed financial information compiled by a 4-member Financial Impact Estimating Conference must be provided on the ballot and elsewhere. For both constitutional initiatives and legislatively referred amendments, the ballot title and summary are subject to similar accuracy standards, but different entities are responsible for drafting the contents. Florida law also requires pre-election judicial review of initiatives, but not of legislatively referred amendments.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in Florida
Florida does not have statutory initiatives or veto referendums, but voters may propose constitutional amendments via initiative petition, and a popular vote is required to pass amendments proposed by the state legislature.
X Initiatives – Statutory
√ Initiatives – Constitutional
Voters have the initiative power to amend the state constitution. Fla. Const. art. XI, § 3.
X Veto Referendums
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the legislature must be approved by Florida voters. Fla. Const. art. XI, §§ 1, 5.
Election Timing
The timing of an election on a proposed amendment to the Florida Constitution depends on whether it originates via initiative petition or the legislature; for legislatively referred amendments, a special election may be called with a supermajority.
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The ballot for any proposed constitutional amendment must contain the following.
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
Under the Florida Constitution, any proposed constitutional amendment, as well as the pertinent election date, must be published in one newspaper of general circulation in each county in which a newspaper is published: once in the tenth week, and again in the sixth week before the election. Fla. Const. art. XI, § 5(d).
Voter Information Pamphlet
Id. All meetings of the Financial Impact Estimating Conference must be open to the public. Fla. Stat. § 100.371(13)(c). The Conference’s full statement must be posted online by the Secretary of State and the Office of Economic and Demographic Research. (13)(e)(5). In addition, the summary portion must be posted on the website of each local elections’ supervisor with a website. Id. The summary must also be printed by the Department of State and furnished to each local supervisor for placement at each polling place. Id. sub. (13)(e)(4).
JUDICIAL REVIEW
When and how can the court step in?
Sample case: Advisory Op. to the Att’y Gen. Re: Adult Use of Marijuana, 315 So.3d 1176, 1177, 1185 (Fla. 2021) (opining in mandatory advisory opinion that ballot summary indicating the proposed amendment would “permit” use of recreational marijuana was misleading in that it suggested that activities would be legal under federal law and striking the proposed amendment).
Florida statutes also contemplate Florida Supreme Court review of materials prepared by the Financial Impact Estimating Conference. See, e.g., Fla. Stat. §§ 100.371(13)(c)(3), 16.061(3). However, the Florida Supreme Court has held it lacks jurisdiction under the state constitution to review the validity of financial impact statements prepared by the Conference. See Advisory Opinion to the Attorney General re: Raising Florida’s Minimum Wage, 285 So.3d 1273, 1277–78 (Fla. 2019).
Sample case: Armstrong v. Harris, 773 So.2d. 7, 12, 21 (Fla. 2000) (holding that ballot language for legislatively referred amendment is subject to accuracy requirements, implicit in the constitutional provision requiring that amendments be submitted to electors; and holding that, here, ballot summary did not state the proposed amendment’s main effect or chief purpose, was misleading for “flying under false colors,” and “hiding the ball”).
If the court finds the legislature’s ballot statement to be defective “and further appeals are declined, abandoned, or exhausted, unless otherwise provided in the joint resolution, the Attorney General shall, within 10 days, prepare and submit to the Department of State a revised ballot title or ballot summary that corrects the deficiencies identified by the court[.]” Fla. Stat. § 101.161(3)(c)(2). The court retains jurisdiction over any ballot language prepared by the Attorney General, and a new challenge may be filed within 10 days after a revised ballot title or summary is submitted to the Department of State. See id.
Georgia does not have statewide initiatives or veto referendums but has legislatively referred amendments. Following approval by a legislative supermajority, a proposed amendment must be submitted to voters at the next general election falling on an even-numbered year. The legislature may draft the ballot language. A summary of the amendment is jointly prepared by the Attorney General, Legislative Counsel, and Secretary of State, for publication in newspapers before the election. Georgia’s provisions governing legislatively referred amendments do not explicitly provide for judicial review of ballot language or related materials, and the state supreme court has held that it lacks jurisdiction to consider pre-election challenges to proposed amendments. The court has also shown great deference to ballot language prepared by the state legislature.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in Georgia
Georgia does not have statewide initiatives or veto referendums but has legislatively referred amendments.
X Initiatives – Statutory
X Initiatives – Constitutional
X Veto Referendums
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the state legislature must be approved by Georgia voters. Ga. Const. art. X, § 1, ¶ II.
Election Timing
A proposed constitutional amendment must first be approved by a 2/3 supermajority of the members elected to each house of the General Assembly. The proposed amendment is then submitted to Georgia voters “at the next general election which is held in the even-numbered years.” See Ga. Const. art. X, § 1, ¶ II.
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The ballot for any proposed constitutional amendment in Georgia must display the following.
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
A summary of the amendment is prepared by the Attorney General, Legislative Counsel, and Secretary of State, and is published in the official publication of each county once a week for three consecutive weeks before the election. See Ga. Const. art. X, § 1, ¶ II. If deemed advisable by the Constitutional Amendments Publication Board—comprised of the Governor, Lieutenant Governor, and Speaker of the House of Representatives—the summary is also published in “not more than 20 other newspapers in the state.” See id; see also Ga. Code § 50-12-100.
Once the summary is prepared, the Secretary of State must issue a press release stating that a summary is available for distribution to interested citizens and advising them how to request a copy. See id. § 21-2-4(b). The Secretary must distribute this press release to print and broadcast media throughout the state and must actively seek cooperation from the media in publicizing the availability of a summary. See id. The Secretary may also post a copy on the internet and/or release a copy via audio tapes, CDs, or other media. Id. sub. (d).
Voter Information Pamphlet
As noted, a summary of the proposed amendment prepared by the Constitutional Amendments Publication Board is published in newspapers before the election. See Ga. Const. art. X, § 1, ¶ II. The summary must provide an explanation of each proposed amendment “in language free of legalistic and technical terms, to the end that [it] may be read and understood by the majority of citizens[.]” Ga. Code § 21-2-4(a). The summary must also indicate that the full text of the proposed amendment is available in the office of the probate court judge in each county. Ga. Const. art. X, § 1, ¶ II. In addition to publishing this summary, the Secretary of State must print and provide copies to local election officials, who must distribute a copy to any citizen who requests one. See Ga. Code § 21-2-4(a), (c).
Beyond this summary, Georgia law does not require a comprehensive state voter information pamphlet for proposed constitutional amendments.
JUDICIAL REVIEW
When and how can the court step in?
Georgia’s provisions governing legislatively referred amendments do not explicitly provide for judicial review of ballot language or related materials, but limited judicial review may be available under other channels. The Georgia Supreme Court has held it lacks jurisdiction to consider pre-election challenges to proposed amendments, such as actions to enjoin proposed amendments from appearing on the ballot. See O’Kelley v. Cox, 604 S.E.2d 773, 774 (Ga. 2004). In post-election challenges, the court has held that ballot language prepared by the General Assembly need only be adequate to indicate which amendment was subject to a vote. See, e.g., Donaldson v. Dep’t of Transp., 414 S.E.2d 638, 640 (Ga. 1992).
Sample case: Donaldson v. Dep’t of Transp., 414 S.E.2d 638 (Ga. 1992) (rejecting a post-election challenge arguing a proposed amendment’s ballot language was misleading; holding the only limitation on the General Assembly in drafting ballot language is that the language be adequate to enable voters to ascertain which amendment they are voting on: a standard that was undoubtedly met in this case).
Hawaii does not have statewide initiatives or veto referendums but has legislatively referred amendments. Following approval by a legislative supermajority, a proposed amendment must be submitted to voters at the next general election. The ballot language is prepared by the legislature. The Attorney General, in consultation with the legislative reference bureau, also prepares an explanatory statement in both English and Hawaiian that is distributed to the county clerks and made available at polling places and other public offices. Pre-election judicial review of ballot language may be available via actions for injunctive relief or petitions for extraordinary writ. While applying the statutory standard that ballot language be clear and not misleading, the Supreme Court of Hawaii has indicated that a pivotal inquiry is whether the language generates a knowing and deliberate expression of voter choice.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in Hawaii
Hawaii does not have statewide initiatives or veto referendums but has legislatively referred amendments.
X Initiatives – Statutory
X Initiatives – Constitutional
X Veto Referendums
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the state legislature must be approved by Hawaii voters. Haw. Const. art. XVII, § 3.
Election Timing
A proposed constitutional amendment must be approved by a 2/3 supermajority of each house of the legislature, voting after the Governor has received at least ten days’ notice of the proposal. See Haw. Const. art. XVII, § 3. The legislature may alternatively propose amendments to the constitution with or without notice to the Governor “by a majority vote of each house on final reading at each of two successive sessions.” Id. Thereafter, the proposed amendment is submitted to Hawaii voters at the next general election. Id.
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The ballot for any proposed constitutional amendment in Hawaii must display the following.
Proposed constitutional amendments must be submitted on a separate ballot. Haw. Const. art. XVII, § 3.
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
The proposed amendment (full text) must be published in at least one newspaper of general circulation in each senatorial district in which a paper is published, within two months of the general election. See Haw. Const. art. XVII, § 3. The Hawaii Supreme Court has invalidated an amendment based on the state’s failure to comply with the publication requirements set forth in the state constitution. See Watland v. Lingle, 85 P.3d 1079, 1090–92 (Haw. 2004).
Voter Information Pamphlet
The Attorney General, in consultation with the legislative reference bureau, must prepare an explanatory statement in English, Olelo Hawaii, and other languages required under the Voting Rights Act, which the Attorney General distributes to the state office of elections and county clerks for further distribution at polling places, other public offices, and on a state website. See S.B. 1076, 32d Leg., Reg. Sess. § 3 (Haw. 2023) (amending Haw. Rev. Stat. § 11-118.5(b)(1)–(3)). The statement must be written in language that is clear, and must indicate the purpose, limitations, and effects of the proposed amendment. See id. sub. (1).
The office of elections must prepare a digital voter information guide and post it in a screen-reader-accessible format to its website. S.B. 1076, 32d Leg., Reg. Sess. § 2 (Haw. 2023) (statute to be designated). The digital voter guide must be translated into Olelo Hawaii, and it must be printed and distributed to public libraries for viewing by the public. Id. The digital voter guide must include the explanatory statement of the proposed constitutional amendment provided that the Attorney General submits the required materials the office of elections no later than seventy-five days before the general election. Id.
JUDICIAL REVIEW
When and how can the court step in?
Hawaii’s provisions governing legislatively referred amendments do not explicitly provide for judicial review of ballot language or related materials, but pre-election judicial review may be available via an action for injunctive relief and/or petition for extraordinary writ. See City & Cnty. of Honolulu v. State, 431 P.3d 1228, 1235-37 (Haw. 2018) (describing how the court granted a pre-election petition for extraordinary writ based on an invalid ballot question). While applying the statutory standard that ballot language must be clear and not misleading, the Supreme Court of Hawaii has indicated that a pivotal inquiry is whether the language “generates a knowing and deliberate expression of voter choice.” Id. at 1238 (citing Kahalekai v. Doi, 590 P.2d 543, 550 (Haw. 1979)).
Sample case: City & Cnty. of Honolulu v. State, 431 P.3d 1228, 1236 (Haw. 2018) (ordering that no votes be counted due to the ballot question’s failure to comply with the requirement that proposed constitutional amendment language and meaning must be clear and not misleading).
In Indiana, legislatively referred amendments are the only form of statewide direct democracy available for the purposes of this report. The legislature generally controls how proposed amendments are submitted to voters. For instance, it may supply the ballot language (including whether or not to include explanatory text in addition to the ballot question); when it does so, this language is given great deference by the court. However, the legislature may not order a special election, as under the state constitution, proposed amendments must be submitted to voters at the next general election.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in Indiana
Indiana does not have statewide initiatives or veto referendums but has legislatively referred amendments.
X Initiatives – Statutory
X Initiatives – Constitutional
X Veto Referendums
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the legislature must be approved by Indiana voters. Ind. Const. art. 16, § 1(b)-(c).
Election Timing
A proposed amendment must first be approved by a majority of members elected to each house, in two consecutive General Assemblies. Ind. Const. art. 16, § 1(b). It is then submitted to Indiana voters “at the next general election.” Id.
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The ballot for a proposed constitutional amendment must contain the following.
Indiana law generally allows the General Assembly to prescribe the form of the ballot. If the legislature does not prescribe the form of the ballot, the Indiana Election Commission must “prepare a brief statement of the public question in words sufficient to clearly designate it and have the statement printed on the state ballot.” Ind. Code § 3-10-3-2(a); see also Ind. Code § 3-11-2-15.
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
County election boards must publish notice of a constitutional amendment ballot question to a qualified newspaper no later than 21 days before Election Day. If such newspaper maintains a website, the notice must also appear online. See generally Ind. Code §§ 3-10-3-1(b), 5-3-1-1.5, 5-3-1-2.
Voter Information Pamphlet
JUDICIAL REVIEW
When and how can the court step in?
Indiana’s direct democracy provisions do not explicitly provide for judicial review of ballot contents or related materials, though review may be available under other channels. Particularly where the legislature prescribes the form of a ballot question, the court has indicated it will not strike down an amendment based on its submission method “[s]o long as the amendment is sufficiently identified and is not confused with any other amendments.” Oviatt v. Behme, 147 N.E.2d 897, 900 (Ind. 1958).
Sample case: Oviatt v. Behme, 147 N.E.2d 897, 899–900 (Ind. 1958) (rejecting argument that a constitutional amendment was improperly submitted and thus not properly ratified; nothing required legislature to submit full text to electors).
In Iowa, legislatively referred amendments are the only form of statewide direct democracy available for the purposes of this report. The Iowa legislature may call a special election for a vote on a proposed amendment, but otherwise, the amendment will be submitted to voters at the next general election. The ballot language is drafted not by the legislature, but by the State Commissioner of Elections, who must publish and accept written comments before finalizing the same. In addition, the full text of the proposal must appear on the ballot; or if it does not fit on the ballot, it must be posted in each polling place. Iowa law explicitly provides for pre-election judicial review of proposed constitutional amendments.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in Iowa
Iowa does not have statewide initiatives or veto referendums but has legislatively referred amendments.
X Initiatives – Statutory
X Initiatives – Constitutional
X Veto Referendums
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the legislature must be approved by Iowa voters. Iowa Const. art. 10.
Election Timing
A proposed amendment must first be approved by a majority of members elected to each house, in two consecutive General Assemblies. Iowa Const. art. 10, § 1. Unless otherwise provided, it is then submitted to the people at the next general election. Iowa Code § 49A.4. However, the General Assembly may call for a special election to submit a proposed amendment to the people. Id. § 49A.5.
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The ballot for a proposed constitutional amendment must contain the following information.
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
Iowa law requires two publications, as follows.
Voter Information Pamphlet
JUDICIAL REVIEW
When and how can the court step in?
Whenever a proposed amendment is to be submitted to voters, any Iowa taxpayer may challenge its validity, legality, or constitutionality in district court. Iowa Code § 49A.10.
Sample case: No reported cases under Iowa Code § 49A.10 have been identified to date. For a related case involving a local bond referendum election, see Honohan v. United Cmty. Sch. Dist. of Boone and Story Cntys., 137 N.W.2d 601, 602–03 (Iowa 1965) (invalidating a local bond referendum due to a fatal defect in the substance of the ballot, where ballot referenced a “high school” while underlying proposal and notice of election referenced a “schoolhouse”).
In Kansas, legislatively referred amendments are the only form of statewide direct democracy available for the purposes of this report. The legislature has substantial control over the process, including the ability to call a special election to vote on a proposed amendment as well as control over the ballot language. The Secretary of State is involved in a limited capacity only, including publishing the proposed amendment in newspapers. Kansas’s direct democracy provisions do not explicitly provide for judicial review of ballot language or related materials, but review may be available under other channels.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in Kansas
Kansas does not have statewide initiatives or veto referendums but has legislatively referred amendments.
X Initiatives – Statutory
X Initiatives – Constitutional
X Veto Referendums
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the legislature must be approved by Kansas voters. Kan. Const. art. 14, § 1.
Election Timing
After approval by 2/3 of all members elected to each house of the legislature, a proposed amendment is submitted to voters at the next election for representatives or a special election called by the underlying legislative resolution. Kan. Const. art. 14, § 1.
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The ballot for a proposed amendment to the Kansas Constitution must include the following.
Kan. Const. art. 14, § 1.
The ballot for a constitutional amendment may be separate from the ballot for election of officials. See Kan. Stat. Ann. § 25-605.
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
The Secretary of State must publish the full text of the legislative resolution proposing a constitutional amendment in one newspaper in each county (or, if no newspaper is published, then a Kansas newspaper of general circulation) once each week for the three consecutive weeks preceding the election. Kan. Stat. Ann. § 64-103(b)(1). The Secretary of State may supplement this publication by radio and television broadcast during the week immediately preceding the election (but failure to do so is not subject to legal challenge). Kan. Stat. Ann. § 64-112.
In addition, county election officers must publish a notice of election, both in newspapers and on each county election office’s respective website, which must indicate any ballot propositions including constitutional amendments that will be voted upon. 2023 Kan. Sess. Laws 79 (amending Kan. Stat. Ann. § 25-105).
The Secretary of State must also provide each county election officer with a copy of the legislative resolution, and at least two copies thereof must be posted in each polling place. Kan. Stat. Ann. §§ 25-606, -607.
Voter Information Pamphlet
JUDICIAL REVIEW
When and how can the court step in?
Kansas’s direct democracy provisions do not explicitly provide for judicial review of ballot language or related materials, but review may be available under other channels, such as a proceeding quo warranto. See State ex rel. Anderson v. Shanahan, 327 P.2d 1042, 1043, 1047 (Kan. 1958) (accepting an original proceeding in quo warranto seeking to oust the secretary of state from publishing a proposed constitutional amendment; holding the secretary of state was required to publish the constitutional amendment in full on the ballot).
In Kentucky, legislatively referred amendments are the only form of statewide direct democracy available. A proposed amendment—including its full text—must be submitted to voters at the next general election for members of the House of Representatives. The legislature may draft the ballot question, but it must be calculated to inform the electorate of the substance of the amendment. Kentucky law contemplates judicial review after the election, but it does not explicitly provide for judicial review of ballot language before the election.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in Kentucky
Kentucky does not have statewide initiatives or veto referendums but has legislatively referred amendments.
X Initiatives – Statutory
X Initiatives – Constitutional
X Veto Referendums
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the legislature must be approved by Kentucky voters. Ky. Const. § 256.
Election Timing
A proposed amendment is submitted to voters after it is approved by a 3/5 vote of all members elected to each house of the legislature. Ky. Const. § 256. It is submitted at the next general election for members of the House of Representatives, which must take place at least 90 days from the final passage of the underlying legislative resolution. Id.
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The ballot for a proposed amendment must contain the following.
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
The Secretary of State must publish the proposed amendment, the ballot question, and the election date in one newspaper of general circulation not later than the second Monday after the second Tuesday in August preceding the election. Ky. Const. § 257; Ky. Rev. Stat. Ann. § 118.415(3).
Voter Information Pamphlet
JUDICIAL REVIEW
When and how can the court step in?
Kentucky law provides for post-election challenges pertaining to constitutional amendments by any elector who voted on the amendment. Ky. Rev. Stat. Ann. § 120.280(1). Challenges must be filed in Franklin Circuit Court within fifteen days after the election results are returned. Id. Kentucky’s provisions on constitutional amendments do not explicitly provide for judicial review of ballot language before the election, but review may be available under other channels.
Sample cases: Westerfield v. Ward, 599 S.W.3d 738, 743–44, 751–52 (Ky. 2019) (invalidating a “Marsy’s Law” constitutional amendment that had been adopted where the full text of the amendment was omitted from the ballot and the pre-election publication, in a case that was originally brought in advance of the election). See also Ward v. Westerfield, 653 S.W.3d 48, 51–58 (Ky. 2022) (finding an absence of taxpayer standing in pre-election challenge where petitioners did not contend they misunderstood the contents of the ballot question or that they were personally impacted by the substantive provisions of the subsequent Marsy’s Law amendment).
In Louisiana, legislatively referred amendments are the only form of statewide direct democracy available for the purposes of this report. The legislature designates the timing of the election in the underlying resolution, which must receive the support of a 2/3 supermajority. The legislature is also charged with drafting the ballot language. The full text of the proposed amendment is made available to voters, and the Secretary of State also drafts an explanatory statement that is posted publicly. State law provides for judicial review of the submission of a proposed amendment to voters.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in Louisiana
Louisiana does not have statewide initiatives or veto referendums but has legislatively referred amendments.
X Initiatives – Statutory
X Initiatives – Constitutional
X Veto Referendums
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the legislature must be approved by Louisiana voters. La. Const. art. XIII, § 1.
Election Timing
A proposed amendment must first be approved by 2/3 of the members elected to each house of the legislature, whether at a regular or special session, and is also subject to certain prefiling requirements. La. Const. art. XIII, § 1(A)(1). The joint legislative resolution must specify the statewide election at which the proposed amendment will be submitted to voters, which may be a special election. Id.
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The ballot for a proposed amendment to the Louisiana Constitution must contain the following information.
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
The Secretary of State is responsible for two publications.
Voter Information Pamphlet
As noted, the Secretary of State must publish on its website an explanatory statement on the scope and nature of each proposed amendment to the state constitution.
JUDICIAL REVIEW
When and how can the court step in?
Louisiana law provides that an election contest to any proposed amendment to the state constitution may be brought against the Secretary of State. La. Rev. Stat. § 18:1402(B)(1)(a); see also id. § 18:1403. Any eligible voter may also apply for injunctive relief to prohibit the placing of a proposition on the ballot if notice is not timely received by the Secretary of State. La. Rev. Stat. § 18:1300(C)(3).
Sample case: Shepherd v. Schedler, 209 So. 3d 752 (La. 2016) (finding that an amendment to the state constitution was not validly adopted when the language presented to voters was not the precise language adopted by the legislature; language presented to voters did not incorporate certain provisions that had been accepted and enacted by the legislature via amendment to the underlying resolution), aff’d on reh’g No. 2015CA1750, slip op. (La. May 2, 2016) (per curiam).
Maryland is one of just two states where the people have the power of the veto referendum but not the initiative. Maryland also has legislatively referred amendments. The timing of an election on a Maryland ballot measure may depend on whether it is a veto referendum or a legislatively referred amendment; a veto referendum is submitted at the next election for the U.S. House of Representatives, whereas a legislatively referred amendment is submitted at the next ensuing general election. The ballot for any statewide question is prepared by the Secretary of State, and the content requirements are similar for both kinds of ballot questions, except that for veto referendums, the full text of the referred act must be included or summarized. Maryland also requires public notice and a summary be provided about both kinds of questions for voter education purposes. For legislatively referred amendments, this summary may be drafted by the legislature. Maryland law explicitly provides for pre-election judicial review of veto referendum ballot language, but not for legislatively referred amendments.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in Maryland
Maryland is one of just two states in which the people have the power of the veto referendum but do not have the power of the initiative. Maryland also has legislatively referred amendments.
X Initiatives – Statutory
X Initiatives – Constitutional
√ Veto Referendums
The people of Maryland reserve the power of the veto referendum to approve or reject any act of the General Assembly, or part thereof, except as to laws making appropriation for maintaining the state government, or for maintaining or aiding any public institution, not exceeding the next previous appropriation for the same purpose. Md. Const. art. XVI, §§ 1–2.
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the legislature must be approved by Maryland voters. Md. Const. art. XIV, § 1.
Election Timing
The timing of an election on a Maryland ballot measure may depend on whether it is a veto referendum or a legislatively referred amendment; a veto referendum is submitted at the next election for the U.S. House of Representatives, whereas a legislatively referred amendment is submitted at the next ensuing general election.
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The ballot for any statewide ballot question in Maryland must display the following information, which is prepared by the Secretary of State. See Md. Code Ann., Elec. Law § 7-103(c)(1).
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
For any statewide ballot question, a local elections board must provide notice in one of two ways: (1) by mailing a sample ballot at least one week before the election (or before early voting, if applicable); or (2) by publication/mass communication during the three weeks immediately preceding the election. See Md. Code Ann., Elec. Law § 7-105(a), (c). Regardless of the method, the notice must include the following.
Additionally, the Maryland Constitution provides that any bill proposing a constitutional amendment must be, by order of the Governor, published in at least two newspapers in each county where papers are published, and at least three newspapers in the City of Baltimore, once a week for four weeks (or as otherwise ordered by the Governor) immediately preceding the election. Md. Const. art. XIV, § 1.
The complete text of any ballot question must be posted for public inspection at the State Board of Elections and each local board for 65 days prior to the election, and at each polling place. Md. Code Ann., Elec. Law § 7-105(d)(1)–(2). Any individual may receive without charge the complete text of all constitutional amendments and questions from a local election board in-person, by mail, or electronically. Id. sub. (d)(3).
Voter Information Pamphlet
While Maryland law does not require a formal voter information pamphlet, as noted, a brief summary of the question is published alongside the ballot contents or distributed via mail alongside a sample ballot. The statement must be in clear and concise language and devoid of technical and legal terms to the extent practicable. Md. Code Ann., Elec. Law § 7-105(b)(1).
JUDICIAL REVIEW
When and how can the court step in?
Sample case: Anne Arundel Cty v. McDonough, 354 A.2d 788 (Md. 1976) (with respect to a local referendum, holding the challenged summary “did not set forth, ‘in understandable language,’ ‘the contents and purpose of the proposed’ referendum with that clarity and objectivity required to permit an average voter, in a meaningful manner, to exercise an intelligent choice”(citation omitted)).
Massachusetts has statutory and constitutional initiatives, veto referendums, and legislatively referred amendments. The initiative process is indirect: before being submitted for a vote, a petition is transmitted to the state legislature (or “General Court”), which may pass a substitute proposal that is submitted to voters alongside the initiative. The timing of an election on a ballot measure may depend on the type of measure, but the Massachusetts Constitution does not explicitly require that any measures be submitted at general elections. Regardless of the type of ballot measure, the ballot itself must include statements drafted by the Attorney General and State Secretary. The State Secretary is also charged with distributing a detailed voter guide, which includes a fiscal effect statement prepared by the Secretary of Administration and Finance. Massachusetts allows a group of 50 voters to petition for high court review of ballot language and voter information materials, regardless of whether the measure is initiated via petition or a legislatively referred amendment.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in Massachusetts
Massachusetts has indirect statutory and constitutional initiatives and veto referendums, in addition to legislatively referred amendments.
√ Initiatives – Statutory (Indirect + legislative alternatives)
√ Initiatives – Constitutional (Indirect + legislative alternatives)
The people of Massachusetts reserve the initiative power to propose statutes and constitutional amendments for popular approval or rejection. See Mass. Const. amend. art. XLVIII, Init., as amended by amend. art. LXXIV & amend art. LXXXI. The Massachusetts Constitution excludes certain matters from the initiative process, such as propositions inconsistent with specified individual rights. See id. amend. art. XLVIII, Init., pt. 2, § 2.
Massachusetts’ initiative process is indirect in that, before being submitted for a vote, a petition is transmitted to the legislature (or “General Court”). See generally id. amend. art. XLVIII, Init., pts. 3–5. The legislature may offer a substitute proposal, which is submitted to voters as an alternative to the initiative. Id. amend. art. XLVIII, Init., pt. 3, § 2.
√ Veto Referendums
The people of Massachusetts also reserve the referendum power to submit laws enacted by the General Court for popular ratification or rejection. See Mass. Const. amend. art. XLVIII, Ref., as amended by amend. arts. LXXIV, LXXXI. Certain matters are excluded from the referendum process. See id. amend. art. XLVIII, Ref., pt. 3, § 2 (excluding, e.g., laws relating to religion and appropriations for ordinary commonwealth expenses).
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the legislature must be approved by Massachusetts voters. Mass Const. amend. art. XLVIII, Init., pt. 4, §§ 4–5, as amended by amend. art. LXXXI, § 1.
Election Timing
The exact timing of an election on a ballot measure may depend on the type of measure, but the Massachusetts Constitution requires that measures be submitted at “state elections.” Massachusetts statutes distinguish state elections from primaries, e.g., Mass. Gen. Laws ch. 54, § 43A, and do not contemplate state ballot questions being submitted to voters at special elections. See generally Mass. Gen. Laws ch. 54.
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The ballot for any statewide ballot measure in Massachusetts must include the following.
Mass. Gen. Laws ch. 54, §§ 42A, 53; Mass Const. amend. art. XLVIII, Gen. Provs., pt. 3; id. amend. art. LXXIV, § 4.
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
Under Massachusetts statutory law, by the second Wednesday in May, the State Secretary must publish in the Massachusetts Register a copy of all ballot question titles, one-sentence statements describing the effect of a yes or no vote, and fiscal effect statements: which triggers a judicial review period, discussed below. See Mass. Gen. Laws ch. 54, § 53.
In addition, before every state election, the State Secretary must send each measure’s ballot form to every Massachusetts newspaper listed in the Directory of New England Newspapers and Periodicals, to be used at the discretion of said newspapers. Id. § 52.
Voter Information Pamphlet
The State Secretary must print and send a guide to residential addresses included on compiled lists of registered voters. Mass. Gen. Laws ch. 54, § 53; Mass Const. amend. art. XLVIII, Gen. Provs., pt.4; id. amend. art. LXXIV, § 4. For each statewide ballot measure, the guide must include the following.
JUDICIAL REVIEW
When and how can the court step in?
The State Secretary must publish in the Massachusetts Register, and make available to the public, a copy of all ballot question titles, one-sentence statements describing the effect of a yes or no vote, and fiscal effect statements. Mass. Gen. Laws ch. 54, § 53. Any group of 50 voters may petition the Supreme Judicial Court for Suffolk County to require that a title or statement be amended, so long as the petition is filed within 20 days after the publication. See id. The court may issue an order requiring amendment by the Attorney General and the State Secretary “only if it is clear that the title, 1-sentence statement or fiscal effect statement in question is false, misleading or inconsistent with the requirements” of the relevant provisions. Id. The court has indicated it does not have authority to order amendment of the Attorney General’s summary, however. See, e.g., Hensley v. Attorney General, 53 N.E.3d 639, 654 & n.26 (Mass. 2016).
Sample case: Hensley v. Attorney General, 53 N.E.3d 639 (Mass. 2016) (finding that Attorney General’s summary of initiative measure was not unfair, but that one-sentence “yes” statement and ballot title were clearly misleading).
Michigan has indirect statutory initiatives, constitutional initiatives, veto referendums, and legislatively referred amendments. For indirect statutory initiatives, if the legislature does not enact voters’ proposal, it may submit to voters a different measure on the same subject alongside it. Many of Michigan’s processes for initiatives and veto referendums also apply to legislatively referred amendments. However, the legislature may call a special election for a legislatively referred amendment, rather than submitting it to voters at the next general election, as required for other ballot measures. In addition, Michigan law only requires publication of certain explanatory materials for initiatives and veto referendums, not for legislatively referred amendments.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in Michigan
Michigan has constitutional initiatives, indirect statutory initiatives, veto referendums, and legislatively referred amendments.
√ Initiatives – Statutory (Indirect + legislative alternatives)
The people of Michigan can propose a statute to the legislature via initiative petition. The legislature must then either enact or reject the proposal “without change or amendment.” If the legislature rejects the measure or fails to enact it within 40 legislative session days, the measure is submitted to voters. Mich. Const. art. II, § 9.
The legislature may reject the measure and propose a different measure on the same subject (a.k.a., “legislative alternative” measure), in which case both measures are submitted to voters. Id.
√ Initiatives – Constitutional
Michiganders may propose amendments to the state constitution independently of the legislature. Mich. Const. art. XII, § 2.
√ Veto Referendums
Michiganders have reserved the power to approve or reject laws enacted by the legislature, except for acts making appropriations for state institutions or to meet deficiencies in state funds. Mich. Const. art. II, § 9.
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the legislature must be approved by Michigan voters. Mich. Const. art. XII, § 1.
Election Timing
The timing of an election on a Michigan ballot measure may depend on the form of direct democracy; for legislatively referred amendments, a special election may be called.
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The ballot for any state ballot measure must contain the following.
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
The Board must provide 3 business days’ notice to the public of a meeting held to consider and approve any ballot measure’s statement of purpose. Mich. Comp. Laws § 168.22e. The Secretary of State shall furnish copies of the full text of each proposed measure and its statement of purpose to the localities; these materials must be posted in conspicuous locations in polling places. Mich. Comp. Laws § 168.480.
Voter Information Pamphlet
JUDICIAL REVIEW
When and how can the court step in?
Any person who feels aggrieved by a determination of the Board may seek review by mandamus or other appropriate remedy in the state supreme court. Mich. Comp. Laws § 168.479. This encompasses challenges to Board determinations as to ballot statements of purpose, as well as determinations of the sufficiency of submitted, signed petitions. See id.; see also id. §§ 168.32, 168.476.
Sample case: Massey v. Sec’y of State, 579 N.W.2d 862 (Mich. 1998) (upholding validity of constitutional amendment approved by voters and indicating preference for pre-election challenges to statement of purpose).
In Minnesota, legislatively referred amendments are the only form of statewide direct democracy available. Proposed constitutional amendments must be submitted to voters at general elections. Ballot language is generally prepared by the Secretary of State. Ballot titles must also be approved by the Attorney General. Minnesota statutes allow any individual to petition for judicial review of errors in the preparation of the ballot.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in Minnesota
Minnesota does not have initiatives or veto referendums but has legislatively referred amendments.
X Initiatives – Statutory
X Initiatives – Constitutional
X Veto Referendums
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the legislature must be approved by Minnesota voters. Minn. Const. art. IX, § 1. Specifically, amendments must be approved by a majority of all the electors voting at the election (not just those voting for the amendment). See id.
Election Timing
Legislatively referred amendments must be submitted to voters at a general election after they are approved by a majority of members elected to each house of the legislature. Minn. Const. art. IX, § 1.
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The ballot for each proposed constitutional amendment must contain the following information.
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
Between two to fifteen days before the election, each county auditor must publish a sample ballot in a newspaper of general circulation in the count. Minn. Stat. § 204D.16. The Secretary of State is responsible for ensuring that information about constitutional amendments is provided to each county auditor. Id. § 204D.15(2).
Additionally, Minnesota law requires the Secretary of State to operate a toll-free voter information hotline, which must include election-related information considered by the Secretary of State to be useful to the public. Minn. Stat. § 204B.27(8).
Voter Information Pamphlet
JUDICIAL REVIEW
When and how can the court step in?
Minnesota statutes allow any individual to petition for judicial review of errors in the preparation of the ballot or wrongful acts or omissions of any state or local election official. See Minn. Stat. § 204B.44(a)(2)–(4).
Sample case: League of Women Voters v. Ritchie, 819 N.W.2d 636 (Minn. 2012) (noting that a “high standard” is required for a court to find language to be misleading, and rejecting argument that the ballot question was misleading).
The Mississippi constitution provides for constitutional initiatives, but the Mississippi Supreme Court in 2021 found the provision to be inoperable. As a result, the constitutional initiative is not currently available to Mississippi voters. Legislatively referred amendments are now the only form of statewide direct democracy in the state. The Mississippi legislature may fix the date of the election for legislatively referred amendments; there is no requirement that voting take place at a general election. The legislature also drafts the explanatory statement that appears on the ballot. The Mississippi Secretary of State is involved only to provide public notice of the amendment and the election. Mississippi’s provisions governing legislatively referred amendments do not explicitly provide for judicial review of ballot language or related materials, but review may be available under other channels.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in Mississippi
Mississippi does not have statutory initiatives or veto referendums, and the Mississippi Supreme Court has rendered the constitutional initiative inoperable, so legislatively referred amendments are currently the only available form of direct democracy.
X Initiatives – Statutory
√ / X Initiatives – Constitutional
The Mississippi Constitution provides an initiative power to propose and enact constitutional amendments. Miss. Const. art. 15, § 273(3).
However, the Mississippi Supreme Court has found this constitutional provision to be inoperable because the provision references five congressional districts, and the state now only has four. Butler v. Watson, 338 So. 3d 599 (Miss. 2021). As a result of this decision and the legislature’s failure to date to restore the initiative power, the power is currently not available to Mississippi voters.
Click here to view the initiative process that previously applied.
X Veto Referendums
√ Legislatively Referred Amendments
Amendments to the state constitution proposed by the legislature must be approved by Mississippi voters. Miss. Const. art. 15, § 273(2).
Election Timing
A legislatively referred amendment must first be approved by a supermajority of 2/3 of both houses of the legislature. Miss. Const. art. 15, § 273(2). The legislative resolution may fix the date of the election at which the proposed amendment is to be voted upon; there is no mandate that voting take place at a general election. See id.
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The ballot for a legislatively referred amendment in Mississippi must display the following information.
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
Under the Mississippi Constitution, the Secretary of State must provide public notice of an election at which a legislatively referred amendment will be submitted to voters, at least thirty days before such election. Miss. Const. art. 15, § 273(2).
In addition, the Secretary of State must have the full text of the proposed amendment published in newspapers in each county in the state at least two weeks before the election. Miss. Code Ann. § 7-3-39. This full text must also be posted prominently in all polling places. Id. § 23-15-369(1)(c).
Voter Information Pamphlet
JUDICIAL REVIEW
When and how can the court step in?
Mississippi’s provisions governing legislatively referred amendments do not explicitly provide for judicial review of ballot language or related materials, but review may be available under other channels.
Missouri has statutory and constitutional initiatives, veto referendums, and legislatively referred amendments. The timing of an election on a ballot measure may depend on the form of ballot measure. While any statewide ballot measure may be submitted at a general election, the Governor may order a special election on a proposed constitutional amendment (whether voter-initiated or legislatively referred), and the legislature may order a special election on a veto referendum. Missouri law requires similar ballot content for all statewide ballot measures, but the entity responsible for drafting the ballot language may vary based on whether the measure is initiated by voters or the legislature. For proposed initiatives and veto referendums that have been certified as having a valid number of signatures, the Joint Committee on Legislative Research must hold a hearing to take public comments. For any statewide ballot measure, any dissatisfied Missouri citizen may bring an action in the Cole County Circuit Court to challenge the official ballot title or the fiscal note.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in Missouri
Missouri has statutory and constitutional initiatives, veto referendums, and legislatively referred amendments.
√ Initiatives – Statutory
√ Initiatives – Constitutional
The people of Missouri have reserved the initiative power to propose and enact laws and amendments to the state constitution independently of the legislature. Mo. Const. art. III, § 49; see also id. art. XII, § 2(b). The power cannot be used for the appropriation of money, except for any new revenues created by the initiative. Id. art. III, § 51.
√ Veto Referendums
Missourians also have the referendum power to approve or reject any act of the General Assembly, except for emergency laws. See Mo. Const. art. III, §§ 49, 52(a).
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the state legislature must be approved by Missouri voters. Mo. Const. art. XII, § 2(b).
Election Timing
The timing of an election may depend on the type of ballot measure at issue. While any statewide ballot measure may be submitted at a general election, the Governor may order a special election on a proposed constitutional amendment (whether voter-initiated or referred by the legislature), and the legislature may order a special election on a veto referendum.
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The ballot for any statewide ballot measure in Missouri must display the following information, which is collectively referred to as the “official ballot title.” See Mo. Rev. Stat. § 116.010(4). While Missouri law contains similar ballot content requirements for all statewide ballot measures, the entity responsible for drafting the language can vary depending on whether the measure is initiated by voters or referred by the legislature.
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
The full text of each statewide ballot measure must be published once a week for two consecutive weeks in two newspapers in each county. Mo. Rev. Stat. § 116.260; see also Mo. Const. art. XII, § 2(b). The final publication must take place between 15–30 days before the election. Id. The Secretary of State must designate the publications; if possible, the two newspapers in each county must be of different political faiths. Id. Two copies of the published notice must also be posted in each polling place. Mo. Rev. Stat. § 116.290(3).
Voter Information Pamphlet
Missouri law does not explicitly call for preparation of a voter information pamphlet for statewide ballot measures, but nevertheless requires development of the following informational materials.
Missouri law does not require that these materials be distributed directly to voters.
JUDICIAL REVIEW
When and how can the court step in?
For any statewide ballot measure, any dissatisfied Missouri citizen may bring an action in the Cole County Circuit Court to challenge the official ballot title or the fiscal note. Mo. Rev. Stat. § 116.190(1). The petition for relief must state the reasons why the summary statement, the fiscal note, and/or the fiscal note summary is insufficient or unfair, and it must request alternative language. Id. sub. (3). The action must be brought within ten days after the Secretary of State certifies the official ballot title. Id. sub (1).
Sample case: Pippens v. Ashcroft, 606 S.W.3d 689 (Mo. Ct. App. 2020) (in a pre-election challenge, holding a summary statement drafted by the General Assembly was insufficient and unfair, and certifying an alternative summary statement for inclusion on the official ballot; noting the summary statement must inform voters of the central features of the corresponding measure).
Legislatively referred amendments are the only form of statewide direct democracy available in New Hampshire. Proposed amendments must be submitted to voters at the “next biennial November election,” following approval by a 3/5 vote of each legislative house, and are only adopted after approval of a 2/3 supermajority of voters. The legislature has the power to draft the ballot language, and the Joint Committee on Legislative Facilities determines whether or not to issue a voter information guide. In addition to the full text of the proposed amendment, New Hampshire law requires the ballot question to include a breakdown of the legislative votes on the underlying resolution. The provisions otherwise provide few standards regarding ballot contents and related materials. However, the New Hampshire Supreme Court has held that ballot language must not be misleading, even when this has meant invalidating a proposed amendment approved by voters.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in New Hampshire
New Hampshire does not have initiatives or veto referendums but has legislatively referred amendments.
X Initiatives – Statutory
X Initiatives – Constitutional
X Veto Referendums
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the legislature must be approved by New Hampshire voters. N.H. Const. art. 100(a), (c). It is only adopted after approval by a 2/3 supermajority of electors voting on the subject. Id. sub. (c).
Election Timing
Amendments proposed by the New Hampshire General Court must be submitted to voters at the next biennial November election, following approval by a 3/5 vote of the entire membership of each legislative house. N.H. Const. art. 100(a), (c).
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The ballot for a constitutional amendment proposed by the New Hampshire General Court must include the following information.
N.H. Rev. Stat. Ann. § 663:3.
Although ballots are prepared by the New Hampshire Secretary of State, id. § 656:1, the legal provisions governing constitutional amendments suggest the legislature is responsible for preparing the ballot language, see id.; id. § 17-A:8; N.H. Const. art. 100(a), (c). The question of whether to approve a proposed constitutional amendment may be submitted on a special and separate ballot. N.H. Rev. Stat. Ann. §§ 656:14, 663:2.
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
Voter Information Pamphlet
Pursuant to statute, the Joint Committee on Legislative Facilities may authorize the printing or distribution of a voter’s guide. If there is a voter’s guide, it must include the underlying legislative resolution proposing the constitutional amendment. N.H. Rev. Stat. Ann. § 663:3-a(I).
JUDICIAL REVIEW
When and how can the court step in?
New Hampshire’s constitutional and statutory provisions governing constitutional amendments do not explicitly provide for pre-election judicial review of ballot language or related issues, but review may be available via other channels, including advisory opinion. See, e.g., Opinion of the Justices, 333 A.2d 714 (N.H. 1975). The legal provisions also provide few clear standards with respect to ballot language and related materials. However, post-election, the New Hampshire Supreme Court has struck down a constitutional amendment for which the ballot language was misleading. See Gerber v. King, 225 A.2d 620 (N.H. 1967).
Sample case: Gerber v. King, 225 A.2d 620 (N.H. 1967) (in a case predating current constitutional and statutory provisions, finding, post-election, that legislatively referred amendment was not properly adopted where ballot language was misleading, in that it failed to notify voters that time limit referenced legislative days instead of calendar days and conveyed the idea that a new limit would be imposed; also finding that separate constitutional amendment was effectively adopted, where meaning was clear from ballot question and voter guide).
In New Jersey, legislatively referred amendments are the only available form of statewide direct democracy. Under the state constitution, a proposed amendment must be submitted to voters at the next general election after a public hearing and legislative approval, whether in one legislative session (via a supermajority vote) or two sessions (via two simple majority votes). The legislature may set forth the contents of the ballot, but the Attorney General has discretion to add a ballot statement if the legislature has not clearly set forth the true purpose of the proposed amendment and a brief statement interpreting the same. Each county clerk must mail the full text of each proposed amendment to registered voters before the election, as well as other materials designated by the Attorney General as necessary to inform voters of the proposition’s effect. Judicial review is likely to be available, and in addition to applying the standards found explicitly in state constitutional and statutory provisions, New Jersey courts have also asked whether the ballot’s contents are fair.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in New Jersey
New Jersey does not have initiatives or veto referendums but has legislatively referred amendments.
X Initiatives – Statutory
X Initiatives – Constitutional
X Veto Referendums
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the legislature must be approved by New Jersey voters. N.J. Const. art. IX, § 4.
Election Timing
Under the New Jersey Constitution, a proposed amendment must be submitted to voters at the next general election, but the precise timing depends on the level of support for the proposal in the legislature. If, following a public hearing, a proposed amendment is approved by 3/5 of all members of each house, it is submitted to voters at the next general election. See N.J. Const. art. IX, § 1. In contrast, if it is approved by a majority of all members, but less than a 3/5 supermajority, it is first referred to the next consecutive legislature; if a majority of all members of this consecutive legislature approve, the proposed amendment is then submitted to voters at the next general election. Id.
Regardless of the level of legislative support, the proposed amendment must be submitted at the next general election to occur at least 70 days following the final action of the legislature. Id. sub. (4), art. II, § 1, ¶ 2.
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The ballot for a proposed constitutional amendment in New Jersey must display the following.
N.J. Rev. Stat. § 19:3-6.[1] The legislature may include these in the underlying statute proposing a constitutional amendment. However, if the underlying statute does not contain a public question clearly setting forth the true purpose of the proposal and a brief statement interpreting the same, the Attorney General may prepare a brief statement interpreting the proposed amendment and setting forth the true purpose of the matter being voted upon. See Gormley v. Lan, 438 A.2d 519 (N.J. 1981). The Attorney General’s statement is included on the ballot alongside the statement set forth by the legislature. See id.
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
The legislature must cause the text of the proposed amendment to be published at least once in one or more newspapers in each county where newspapers are published, not less than three months before the amendment is submitted to the people. N.J. Const. art. IX, § 3.
In addition, the text of the ballot question must be published at least once in one or more newspapers in each county where newspapers are published, at least 60 days before the election, “and the results of the vote upon a question shall be void unless the text thereof shall have been so published.” N.J. Const. art. II, § 1, ¶ 2.
Voter Information Pamphlet
New Jersey requires each county clerk to mail the full text of a proposed constitutional amendment to all registered voters (or in counties with less capacity, to all registered voters who have responded to a confirmation notice), along with a sample ballot. See N.J. Rev. Stat. §§ 19:14-21, -27, -21.1.
The text is to include any portion of the constitution necessary to clearly disclose to voters the relation of the proposal to the existing constitution, and it must clearly indicate which portion of the language would be new and/or omitted. Id. §§ 19:14-28, -29. The Attorney General must designate in writing to the Secretary of State which portions of the constitution must be included, which the Secretary of State must provide to county clerks at least 20 days before the election. Id. §§ 19:14-30, -32. However, in addition to or in place of including the relevant constitutional provisions, the Attorney General may decide to prepare and include a summary statement of the existing constitutional provisions on the subject as necessary to inform voters of the effect of the adoption or rejection of the proposition. See id.; § 19:14-31.
JUDICIAL REVIEW
When and how can the court step in?
While New Jersey provisions governing legislatively referred amendments do not explicitly provide for judicial review of ballot language or related materials, review is likely to be available under other channels, such as actions for declaratory and/or injunctive relief. In addition to applying the statutory standards, New Jersey courts have asked whether the ballot’s contents are “fair.” See, e.g., Gormley v. Lan, 438 A.2d 519, 525 (N.J. 1981).
Sample case: Gormley v. Lan, 438 A.2d 519 (N.J. 1981) (finding the interpretive statement prepared by the Attorney General was unfair and “clearly unbalanced,” and providing a replacement to avoid additional litigation).
[1] New Jersey statutes can be found on the website of the New Jersey Legislature. See New Jersey Legislature, https://www.njleg.state.nj.us/ (last visited Oct. 29, 2023).
New Mexico is one of just two states that authorizes the veto referendum but not the initiative. The state also provides for legislatively referred amendments and amendments proposed by an independent commission. A veto referendum is submitted to voters at the next general election after a petition is filed, whereas a legislatively referred amendment is submitted at a regular election or a special election, if provided by the legislature. The Secretary of State is responsible for preparing ballots, which primarily include a ballot question along with other identifying information. New Mexico’s direct democracy provisions do not require creation of a voter information pamphlet, not do they explicitly provide for judicial review of ballot contents. However, judicial review may be available under other channels, such as writs of mandamus.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in New Mexico
New Mexico is one of just two states in the country in which the people have the power of the veto referendum but do not have the power of the initiative. New Mexico also has legislatively referred amendments, as well as amendments referred by an independent commission established to propose amendments.
X Initiatives – Statutory
X Initiatives – Constitutional
New Mexico does not have initiatives (statutory or constitutional). The New Mexico Constitution provides that if ever it is amended to adopt the initiative power, such power shall be limited to laws that could also be passed by the legislature. See N.M. Const. art. XIX, § 3.
√ Veto Referendums
The people of New Mexico reserve the power of the veto referendum to reject (or approve) any act of the legislature, except general appropriation laws or laws maintaining public institutions; laws providing for the preservation of public peace, health, or safety; and certain laws creating or funding debts. N.M. Const. art. IV, § 1.
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the legislature must be approved by New Mexico voters. N.M. Const., art. XIX, § 1. The same constitutional provision states that amendments may also be proposed by an independent commission, and any amendments so proposed must also be approved by a popular vote. See id.
Election Timing
The timing of an election may depend on the form of ballot measure. A veto referendum is submitted to voters at the next general election after a petition is filed, whereas a legislatively referred amendment is submitted at a regular election or a special election, if provided by the legislature.
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The ballot for a statewide ballot measure in Nevada must display the following.
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
For both veto referendums and legislatively referred amendments, the Secretary of State must cause information to be published for four consecutive weeks, culminating no more than two weeks before the election. N.M. Const. art. XIX, § 1; N.M. Stat. Ann. § 1-17-14. The publication must be made in at least one newspaper in every county in which newspapers are published, in English as well as Spanish if newspapers in both languages are published in the county. See id.
The publication must contain the following information.
Voter Information Pamphlet
JUDICIAL REVIEW
When and how can the court step in?
New Mexico’s direct democracy provisions do not explicitly provide for judicial review of ballot contents, though review may be available under other channels, such as petitions for writs of mandamus. See, e.g., State ex rel. Clark v. State Canvassing Bd., 888 P.2d 458 (N.M. 1995).
Sample case: State ex rel. Clark v. State Canvassing Bd., 888 P.2d 458 (N.M. 1995) (issuing a writ of mandamus and holding a constitutional amendment approved by the electorate violated the state’s single-purpose requirement; also suggesting that a ballot title prepared by the Secretary of State should be intelligible and impartial).
In North Carolina, legislatively referred amendments are the only available form of statewide direct democracy. Legislatively referred amendments are submitted “at the time and in the manner prescribed by the General Assembly.” North Carolina provisions are silent as to specific contents that must be included on the ballot but require that all ballots must be readily understandable and that any questions must be presented in a fair manner. A special commission made up of the Secretary of State, Attorney General, and Legislative Services Officer is tasked with preparing an explanation of the proposed amendment. North Carolina’s direct democracy provisions do not explicitly provide for judicial review of ballot measure language or related materials, but review may be available under other channels.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in North Carolina
North Carolina does not have statewide initiatives or veto referendums but has legislatively referred amendments.
X Initiatives – Statutory
X Initiatives – Constitutional
X Veto Referendums
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the legislature must be approved by North Carolina voters. See N.C. Const. art. XIII, § 4.
Election Timing
Legislatively referred amendments are submitted to voters after approval of a 3/5 supermajority of each house of the legislature. See N.C. Const. art. XIII, § 4. The election takes place “at the time and in the manner prescribed by the General Assembly”, and there is no explicit requirement that proposed amendments be submitted at general elections. Id.
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The North Carolina Constitution provides that the manner of the election is to be prescribed by the General Assembly, and state provisions are silent as to specific contents that must be included on the ballot. See N.C. Const. art. XIII, § 4. However, pursuant to statute, all North Carolina ballots must be “readily understandable by voters” and must present questions “in a fair and nondiscriminatory manner.” N.C. Gen. Stat. § 163-165.4(1)-(2).
The state entity responsible for drafting a publicly available explanation of the amendment—the Constitutional Amendments Publications Commission (“the Commission”)—also prepares a short caption for the amendment that is used on the ballot. See Constitutional Amendments Publication Commission, Secretary of State of North Carolina, https://www.sosnc.gov/divisions/general_counsel/constitutional_amendments_publication_commission (last visited April 18, 2023). The Commission sits within the Department of the Secretary of State, and consists of the Secretary of State, the Attorney General, and the Legislative Services Officer. N.C. Gen. Stat. § 147-54.8.
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
At least 75 days before the election, the Commission must prepare an explanation of the proposed amendment in “simple and commonly used language.” N.C. Gen. Stat. § 147-54.10. The Secretary of State must send a copy of this explanation, along with a news release, to each county board of elections. See id. § 147-54.10(b). The Secretary of State must also provide a copy to any registered voter or representative of the media, but only upon request. Id. North Carolina law also requires that a copy of a sample ballot be posted at all polling places. See N.C. Gen. Stat. §§ 163-166.7A, 163-165.2.
Voter Information Pamphlet
As noted, at least 75 days before the election, the Constitutional Amendments Publication Commission prepares an explanation of the proposed amendment in simple and commonly used language, which is generally only required to be distributed to the local election boards. See N.C. Gen. Stat. § 147-54.10. Beyond this explanation, North Carolina law does not require a state voter information pamphlet for legislatively referred amendments.
JUDICIAL REVIEW
When and how can the court step in?
North Carolina’s direct democracy provisions do not explicitly provide for judicial review of ballot measure language or related materials, but review may be available under other channels.
In New York, legislatively referred amendments are the only available form of statewide direct democracy. New York is distinctive in that once an amendment is first proposed by the legislature, it is referred to the Attorney General for a written opinion on the amendment’s effects; it must then be approved by two consecutive General Assemblies, and only then is it submitted to New York voters in a general election. With the advice of the Attorney General, the State Board of Elections prepares the ballot language as well as an abstract explaining the amendment’s purpose and effect. The ballot form or the abstract may be contested by any person eligible to vote on the amendment.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in New York
New York does not have initiatives or veto referendums but has legislatively referred amendments.
X Initiatives – Statutory
X Initiatives – Constitutional
X Veto Referendums
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the legislature must be approved by New York voters. NY Const. art. XIX, § 1.
Election Timing
New York provisions require that legislatively referred amendments be submitted to voters at general elections. Under the New York Constitution, after an amendment is first proposed in either house of the legislature, it is referred to the Attorney General. Within 20 days, the Attorney General must render an opinion to both houses “as to the effect of such amendment or amendments upon other provisions of the constitution.” NY Const. art. XIX, § 1. Thereafter, the proposed amendment is voted upon and must be approved by a majority of the members elected to each house. See id. The proposed amendment is then referred to, and must be approved by, a majority of the members elected to the next consecutive legislature. See id.
After approval by two consecutive legislatures, the amendment is referred to voters “in such manner and at such times as the legislature shall prescribe.” Id. New York statutes provide that a constitutional amendment is to be submitted to voters at a general election. See N.Y. Elec. Law § 4-108.
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The ballot for a proposed constitutional amendment in New York must display the following.
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
New York law requires several publications pertaining to proposed constitutional amendments. The state constitution requires that a proposed amendment be published after its initial approval by a General Assembly. NY Const. art. XIX, § 1. The Secretary of State must publish the resolution once a month for three months before the next General Assembly is chosen, in a newspaper in each county. See N.Y. Elec. Law § 4-116(1).
In the week before the election, the State Board of Elections must make a publication containing the following information, in one newspaper of general circulation in each county. Id. sub. (2)-(3).
New York law also requires that a sample ballot be mailed to each eligible voter within three days of the elections or published within one week of the election in newspapers or on the local board of election’s website. See N.Y. Elec. Law § 7-118.
Voter Information Pamphlet
As noted, the State Board of Elections—with the advice of the Attorney General— must prepare an abstract of each proposed constitutional amendment, which is included in a pre-election publication. N.Y. Elec. Law §§ 4-116(2), 4-108(1)(d), (3). The abstract must concisely state the purpose and effect of the amendment in a clear and coherent manner, using words with common and everyday meanings. Id. § 4-108(1)(d). Beyond this published abstract, New York does not require a state voter information pamphlet for ballot measures.
JUDICIAL REVIEW
When and how can the court step in?
Pursuant to New York statutes, the ballot form or the abstract may be contested by any person eligible to vote on the amendment. See N.Y. Elec. Law § 16-104(2). The proceeding must be brought within 7 days after the last day to certify the wording of the ballot form and abstract, and if possible, a final order must be made at least five weeks before the election. See id. sub. (3); § 4-108.
Sample case: Leib v. Walsh, 992 N.Y.S.2d 637 (N.Y. Sup. Ct. 2014) (in an action challenging the ballot form and abstract pertaining to a proposed amendment on redistricting, finding that using the word “independent” to describe the redistricting commission was misleading, and directing the State Board of Elections to omit the word “independent” from both the ballot form and abstract.)
North Dakota has statutory and constitutional initiatives, veto referendums, and legislatively referred amendments. The timing of an election may vary depending on the type of ballot measure; while most ballot measures must be submitted to voters at a regular statewide election, the Governor may call a special election for a veto referendum. All ballot measures are subject to the same ballot content requirements, which include a financial impact estimate compiled following public hearings, as well as information prepared by the Secretary of State in consultation with the Attorney General. The Secretary of State must also consult with the Attorney General to prepare an analysis that is published in newspapers before the election. North Dakota law explicitly provides for pre-election judicial review of actions of the Secretary of State pertaining to initiatives and veto referendums, but not for legislatively referred amendments. The state constitution protects against judicial review which would invalidate an initiative or veto referendum after it has been submitted to and adopted by the electorate.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in North Dakota
North Dakota has statutory and constitutional initiatives, veto referendums, and legislatively referred amendments.
√ Initiatives – Statutory
√ Initiatives – Constitutional
The people of North Dakota have reserved the initiative power to propose and enact laws and/or constitutional amendments independently of the legislature. N.D. Const. art. III, §§ 1, 9.
√ Veto Referendums
North Dakotans also have the referendum power to approve or reject any act of the legislature, or parts thereof. N.D. Const. art. III, § 1. The veto referendum power extends to any law; the submission of a veto referendum petition suspends the operation of the challenged law, except with respect to emergency measures and appropriation measures for the support and maintenance of state institutions. See id. § 5.
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the legislature must be approved by North Dakota voters. N.D. Const. art. IV, § 16.
Election Timing
The timing of an election on a ballot measure may vary depending on the form of direct democracy; while most ballot measures must be submitted to voters at a regular statewide election, the Governor may call a special election with respect to a veto referendum.
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The ballot for any statewide ballot measure in North Dakota must display the following information.
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
County auditors must publish an election notice in their official county newspaper once per week for the two consecutive weeks before an election; such notice must include notice of any ballot measure that will appear before the voters, as well as a sample ballot. See N.D. Cent. Code §§ 16.1-13-05, 16.1-01-07, 16.1.-13-12. This publication must also be available at each polling location. Id. § 16.1-06-19. Additionally, for two consecutive weeks before this notice is published, the Secretary of State must publish an analysis of any ballot measure that will appear before voters, prepared by the Secretary of State in consultation with the Attorney General, “in columns to enable the electors to become familiar with the effect of the proposed constitutional amendment or . . . measure.” Id. § 16.1-01-07.
Voter Information Pamphlet
While North Dakota law does not require a formal Voter Information Pamphlet, as noted, an analysis of a ballot measure, prepared by the Secretary of State in consultation with the Attorney General, is included in a pre-election publication. See N.D. Cent. Code § 16.1-01-07. This published analysis serves to allow electors to become familiar with the proposal’s effects. See id.
JUDICIAL REVIEW
When and how can the court step in?
Ohio has statutory and constitutional initiatives, veto referendums, and legislatively referred amendments. Its direct democracy processes vary somewhat depending on whether a measure is initiated by voters or referred by the legislature. For instance, the legislature may call a special election for a legislatively referred amendment, rather than submitting it to voters at the next general election as required for other ballot measures. Ohio also provides additional requirements for certain popular initiatives, including those involving levying a tax or spending government funds. Notwithstanding these differences, the Ohio Ballot Board plays a role in developing ballot language for all ballot measures, and the Ohio Constitution provides the state supreme court with original jurisdiction over legal challenges.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in Ohio
Ohio has statutory and constitutional initiatives, veto referendums, and legislatively referred amendments.
√ Initiatives – Statutory
√ Initiatives – Constitutional
The people of Ohio have reserved the initiative power to propose and enact laws and/or amendments to the state constitution independently of the legislature. Ohio Const. art. II, §§ 1–1b, 1e, 1g.
√ Veto Referendums
Ohioans have the referendum power to approve or reject any law passed by the General Assembly, or section thereof, or any item in any law appropriating money, except for certain laws including emergency laws necessary for the immediate preservation of public peace, health, or safety. Ohio Const. art. II, §§ 1–1b, 1c–1e, 1g.
√ Legislatively Referred Amendments
A constitutional amendment proposed by the state legislature must be approved by Ohio voters. Ohio Const. art. XVI, § 1.
Election Timing
The timing of an election on an Ohio ballot measure may depend on the form of direct democracy; for legislatively referred amendments, a special election may be called.
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The ballot for any state ballot measure must contain the following information.
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
For any measure that will appear on the ballot, the Secretary of State at the direction of the Ohio Ballot Board (“Board”) must publish a notice once per week for three consecutive weeks before the election, in at least one newspaper of general circulation in each county where a newspaper is published. Notice must contain the following.
See Ohio Const. art. II, § 1g; id. art. XVI, § 1; see also Ohio Rev. Code Ann. § 3505.062.
In addition, as noted, the Board must provide public notice of any meetings, including meetings to determine ballot language. See Ohio Rev. Code Ann. § 3505.061(D).
Voter Information Pamphlet
While Ohio law does not require compilation of a formal pamphlet, each pre-election publication must contain the following materials.
JUDICIAL REVIEW
When and how can the court step in?
Under the state constitution, the Ohio Supreme Court has original, exclusive jurisdiction to hear certain challenges relating to ballot measures.
Sample case: State ex rel. Voters First v. Ohio Ballot Board, 978 N.E.2d 119 (Ohio 2012) (compelling state to update ballot language describing constitutional initiative to establish an independent redistricting commission, because the challenged ballot (1) omitted the material information of who selects commission members; (2) omitted the material information of the criteria used to adopt new districts; and (3) inaccurately described the funding of the commission).
Oklahoma has statutory and constitutional initiatives, veto referendums, and legislatively referred amendments. The timing of an election may depend on the type of ballot measure. An initiative or veto referendum is submitted to voters at the next statewide election (which need not be a general election) unless the Governor calls a special election. A legislatively referred amendment is submitted at the next general election unless a special election is called by a 2/3 supermajority of the legislature. Oklahoma statutes provide detailed guidance regarding the content of ballots and the procedures by which these contents are compiled; these procedures vary depending on whether the measure is initiated by voters or referred by the legislature. Oklahoma law allows for judicial review of the ballot title or petition for initiatives or veto referendums, but explicitly bars judicial review of legislatively referred amendments.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Oklahoma has statutory and constitutional initiatives, veto referendums, as well as legislatively referred amendments.
√ Initiatives – Statutory
√ Initiatives – Constitutional
The people of Oklahoma have reserved the initiative power to propose and enact laws and/or constitutional amendments independently of the legislature. Okla. Const. art. V, §§ 1–2, art. XXIV, § 3.
√ Veto Referendums
Oklahomans have the referendum power to require that any act passed by the legislature, or any part thereof, be put to a popular vote, except for laws passed for the immediate preservation of public peace, health, or safety. See Okla. Const. art. V, §§ 1–2, 4.
In addition to veto referendums, which are initiated via voter petition, the Oklahoma Constitution also authorizes the state legislature to itself refer an act to the people. See Okla. Const. art. V, § 2.
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the legislature must be approved by Oklahoma voters. See Okla. Const. art. XXIV, § 1.
Election Timing
The timing of an election may depend on the type of ballot measure. An initiative or veto referendum is submitted to voters at the next statewide election (which need not be a general election) unless a special election is called by the Governor. A legislatively referred amendment is submitted at the next general election unless a special election is called by a 2/3 supermajority of the legislature.
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The ballot for a statewide ballot measure in Oklahoma must display the following information. See Okla. Stat. tit. 34, § 9.
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
For any statewide ballot measure, the Secretary of State must make a publication at least five business days before the applicable election, in two statewide newspapers as well as one newspaper of general circulation in each county. See Okla. Stat. tit. 34, § 17. The publication must include the ballot language, as well as an explanation of how to vote for and against the measure. See id. In the event of a failure to publish, any elector may petition the district court for a writ of mandamus to require publication. See Id. § 18.
Voter Information Pamphlet
X Oklahoma law does not require a state voter information pamphlet about ballot measures.
JUDICIAL REVIEW
When and how can the court step in?
The extent of judicial review depends on whether the measure is an initiative or veto referendum or a legislatively referred amendment. With respect to an initiative or veto referendum, Oklahoma law allows for judicial review of the ballot title or petition. However, state statutes expressly bar judicial review of ballot contents pertaining to a legislatively referred amendment.
Sample case: OCPA Impact, Inc. v. Sheehan, 377 P.3d 138, 143 (Okla. 2016) (finding the ballot title was misleading and failed to refrain from partiality, and drafting a completely new title, holding “[t]he test is whether it is written so that voters are afforded an opportunity to fairly express their will and whether it apprises voters with substantial accuracy what they are asked to approve”).
In addition, even before an initiative or veto referendum petition is circulated for signatures, any elector may file a protest as to its legal sufficiency with the Oklahoma Supreme Court within ten business days of the petition notice being published in a statewide newspaper for the first time. See Okla. Stat. tit. 34, § 8(B)-(D). Thus, electors may challenge the sufficiency of the summary or “gist” of the measure that is required to appear on the voter petition circulated for signatures. See id. § 3; see also Oklahoma’s Children, Our Future, Inc. V. Coburn, 421 P.3d 867 (Okla. 2018) (holding the “gist” statement required to appear on the petition was legally insufficient).
[1] Title 34 of the Oklahoma Statutes can be found online. See Oklahoma Senate, Oklahoma Statutes Title 34. Initiative and Referendum, https://oksenate.gov/sites/default/files/2019-12/os34.pdf (last accessed Oct. 29, 2023).
Oregon has statutory and constitutional initiatives, veto referendums, and legislatively referred amendments. Oregon is distinctive in its use of citizen juries to create public education materials about selected voter initiatives. This gives members of the public the opportunity to participate in the process beyond simply voting in the election. Aside from the use of citizen juries (for initiatives only), there are only slight differences in processes for ballot measures initiated by voter petition and those for legislatively referred amendments. Judicial review is available at multiple points throughout the process and may be initiated by any interested person.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in Oregon
Oregon has statutory and constitutional initiatives, veto referendums, and legislatively referred amendments.
√ Initiatives – Statutory
√ Initiatives – Constitutional
The people of Oregon have reserved the initiative power to propose and enact laws and/or amendments to the state constitution independently of the legislature. Or. Const. art. IV, § 1(2)(a).
√ Veto Referendums
Oregonians also have the referendum power to approve or reject any act, or part thereof, of the Legislative Assembly. Or. Const. art. IV, § 1(3)(a).
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the legislature must be approved by Oregon voters. Or. Const. art. XVII, § 1.
Election Timing
Ballot measures in Oregon are submitted at a general election, unless the legislature orders otherwise.
Special elections for statewide ballot measures have been rare in recent history.
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The ballot for a statewide ballot measure in Oregon must display the following.
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
The Secretary of State may supplement the special or general election voters’ pamphlet (discussed below) by arranging for radio or television broadcasts during the 4 weeks immediately preceding the election. Or. Rev. Stat. § 251.295.
In addition, notice must be provided for the public comment period for ballot titles, and for public hearings pertaining to financial estimates and other voter education materials. E.g., Or. Rev. Stat. §§ 250.067(1), 250.127(2), 251.215(2).
Voter Information Pamphlet
The Secretary of State compiles and mails a voter information pamphlet to each post office mailing address in Oregon at least 20 days before the election. The Secretary of State “shall use any additional means of distribution necessary to make the pamphlet available to electors.” Or. Rev. Stat. § 251.175. The pamphlet must contain the following information and cannot contain obscene language or incite or advocate hatred, abuse, or violence toward any person. Id. § 251.055(1).
JUDICIAL REVIEW
When and how can the court step in?
Judicial review by the Oregon Supreme Court is available at multiple points throughout the direct democracy process.
Sample case: Markley v. Rosenblum, 413 P.3d 966 (Or. 2018) (holding ballot title was deficient with respect to its caption, statements explaining effect of “yes” and “no” votes, and summary, referring certified ballot title to the Attorney General for modification).
In Pennsylvania, legislatively referred amendments are the only form of statewide direct democracy available. For a typical, “non-emergency” constitutional amendment, the Pennsylvania legislature is to determine the manner and time at which a proposed amendment is voted upon and may order a special election. The Secretary of State is tasked with preparing the ballot question, and the Attorney General is charged with preparing a “plain English statement” of the amendment, which is published before the election and available at the polling place. Pennsylvania provisions governing legislatively referred amendments do not explicitly provide for judicial review of ballot language or related materials, but review may be available under other channels, such as actions for declaratory and/or injunctive relief or original jurisdiction actions.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in Pennsylvania
Pennsylvania does not have initiatives or veto referendums but has legislatively referred amendments.
X Initiatives – Statutory
X Initiatives – Constitutional
X Veto Referendums
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the legislature must be approved by Pennsylvania voters. PA Const. art. XI, § 1.
Election Timing
A proposed amendment must first be approved by a majority of members elected to each house, in two consecutive General Assemblies. It is then submitted to Pennsylvania voters “in such manner, and at such time at least three months after” approval by the legislature for the second time “as the General Assembly shall prescribe.” See PA Const. art. XI, § 1. No provision restricts the legislature from prescribing a special election.
The Pennsylvania Constitution provides an alternative procedure for a proposed amendment that is required due to a major emergency; such an “emergency amendment” must be approved by a single General Assembly, but with a 2/3 supermajority threshold, and is then submitted to voters at least one month following legislative approval. See id. sub. (a)-(b).
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The ballot for a legislatively referred amendment in Pennsylvania must display the following.
See 25 Pa. Stat. Ann. §§ 3010(b), 2621(c).
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
The Pennsylvania Constitution provides that proposed constitutional amendments must be published at least twice: once after approval by the General Assembly for the first time, and again after approval for the second time. Pa. Const. art. XI, § 1. The Secretary of State is to publish each proposed amendment in at least two newspapers in every county in which newspapers are published. See id.
In addition to the text of the proposed amendment, the publication must also contain a “plain English statement” prepared by the Attorney General, discussed in further detail below. 25 Pa. Stat. Ann. § 2621.1. At least three copies of the statement are posted in or about the polling place. See id. The Secretary of State also sends this statement to each county board of elections for inclusion in a notice of election, which is published in a county newspaper at least three days before the election. See 25 Pa. Stat. Ann. §§ 2621.1, 3041, 2606.
Voter Information Pamphlet
The Secretary of State must publish a “plain English statement” prepared by the Attorney General. 25 Pa. Stat. Ann. § 2621.1. This statement must indicate “the purpose, limitations, and effects of the ballot question on the people” of Pennsylvania. Id. Beyond this plain English statement, Pennsylvania does not require a state voter information pamphlet for ballot measures.
JUDICIAL REVIEW
When and how can the court step in?
While Pennsylvania provisions governing legislatively referred amendments do not explicitly provide for judicial review of ballot language or related materials, review may be available under other channels, such as actions for declaratory and/or injunctive relief or original jurisdiction actions quo warranto.
Sample case: Grimaud v. Com., 865 A.2d 835 (Pa. 2005) (finding the Attorney General’s explanatory statement was sufficient, rejecting an argument that it should have included additional details).
South Carolina does not have statewide initiatives or veto referendums but has legislatively referred amendments. A proposed amendment must be submitted to voters at the next general election for state representatives. The state legislature prepares the ballot question itself. Additionally, a Constitutional Ballot Commission made up of the Attorney General, State Election Commission Director, and Legislative Council Director prepares an explanation of the proposed amendment’s meaning and effect if it decides such explanation is necessary; the explanation is printed on the ballot or available in print at polling places. The explanation must be provided to members of the media upon request, but otherwise, advance publication or distribution is not required. State law provides for both pre-election legal challenges to explanations prepared by the Constitutional Ballot Commission, as well as post-election challenges based on insufficient ballot language.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in South Carolina
South Carolina does not have statewide initiatives or veto referendums but has legislatively referred amendments.
X Initiatives – Statutory
X Initiatives – Constitutional
X Veto Referendums
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the legislature must be approved by South Carolina voters. S.C. Const. art. XVI, § 1.
Election Timing
A legislatively referred amendment is submitted to voters after it is approved by a 2/3 supermajority of the members of each legislative house. S.C. Const. art. XVI, § 1. It is then submitted at the next general election for state representatives. See id.
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The ballot for a proposed constitutional amendment must display the following.
South Carolina law also provides that the full text of a proposed amendment must be posted conspicuously in each voting precinct on Election Day. See S.C. Code § 7-13-180.
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
X South Carolina law does not generally require that information about proposed constitutional amendments be published in newspapers or similar media.
The South Carolina Election Commission is required to make the Constitutional Ballot Commission’s explanation available to the news media upon request at least ten days before the general election. See S.C. Code § 7-13-2120(2).
Voter Information Pamphlet
X South Carolina law does not require a state voter information pamphlet regarding proposed constitutional amendments.
JUDICIAL REVIEW
When and how can the court step in?
South Carolina statutes allow for proceedings to challenge an explanation of a proposed amendment’s meaning and effect prepared by the Constitutional Ballot Commission. See S.C. Code § 7-13-2130. The South Carolina Supreme Court has original, exclusive jurisdiction over these proceedings, which may take place before the applicable general election. Id.; see also Taylor v. Roche, 248 S.E.2d 580, 583 (S.C. 1978). In addition, the South Carolina Supreme Court has held that an election may be contested on the grounds of insufficient ballot language through a post-election challenge filed with the Board of Canvassers, whose decision may be appealed to the state supreme court. See Taylor v. Roche, 248 S.E.2d 580, 583 (S.C. 1978) (referencing S.C. Code § 7-17-270).
Sample case: Douan v. Charleston Cnty. Council, 594 S.E.2d 261 (S.C. 2003) (in a case involving a county-level referendum, finding the ballot language did not comply with S.C. Code § 7-13-400 in that it failed to inform voters of the meaning of their votes in a neutrally worded manner and appeared calculated to advocate and to mislead voters).
[1] The South Carolina Code, Title 7, can be found online. South Carolina Legislature, South Carolina Code of Laws Title 7 – Elections, https://www.scstatehouse.gov/code/title7.php (last accessed Oct. 29, 2023).
In Rhode Island, legislatively referred amendments are the only form of statewide direct democracy available. Proposed amendments are submitted to voters at the next general election, including the amendment’s full text and a statement of the question prepared by the Secretary of State. The Secretary of State is also charged with preparing a voter information pamphlet that is distributed to each residence. Rhode Island’s provisions governing legislatively referred amendments do not explicitly provide for judicial review of ballot language or related materials, but review may be available under other channels, such as actions for declaratory and/or injunctive relief.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in Rhode Island
Rhode Island does not have initiatives or veto referendums but has legislatively referred amendments.
X Initiatives – Statutory
X Initiatives – Constitutional
X Veto Referendums
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the legislature must be approved by Rhode Island voters. R.I. Const. art. XIV, § 1.
Election Timing
Legislatively referred amendments must be submitted to voters at “the next general election as provided in the resolution”, after approval by a majority of members elected to each house of the legislature. R.I. Const. art. XIV, § 1. Rhode Island statutes define a general election as one taking place in even-numbered years for the election of members of the General Assembly or other specified offices. R.I. Gen. Laws § 17-1-2.
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The ballot for a proposed constitutional amendment in Rhode Island must display the following.
See R.I. Gen. Laws § 17-5-5(a).
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
The Rhode Island Constitution provides that a legislatively referred amendment must be published in such a manner as the General Assembly shall direct. R.I. Const. art. XIV, § 1. Statutes provide for “publication” in the form of a distributed voter information pamphlet, discussed below. See R.I. Gen. Laws § 17-5-3.
Voter Information Pamphlet
The Secretary of State must print and send a voter information packet to each residential unit in Rhode Island. R.I. Gen. Laws § 17-5-3. The packet must contain the following information.
See R.I. Gen. Laws § 17-5-3(a).
JUDICIAL REVIEW
When and how can the court step in?
Rhode Island’s provisions governing legislatively referred amendments do not explicitly provide for judicial review of ballot language or related materials, but review may be available under other channels, such as actions for declaratory and/or injunctive relief.
Sample case: Harrop v. Rhode Island Div. of Lotteries, No. PC-2019-5273, 2020 WL 3033494 (R.I. Super. June 1, 2020) (finding that the voter information pamphlet in question met statutory requirements and provided voters with “fair notice” of what was being approved).
South Dakota has statutory and constitutional initiatives, veto referendums, and legislatively referred amendments. The timing of an election may vary depending on the type of ballot measure; while most ballot measures must be submitted to voters at a general election, the legislature may call a special election for a vote on a legislatively referred amendment. The ballot contents and related processes vary somewhat depending on the type of ballot measure: A fiscal note may be required for an initiative or veto referendum (but not a legislatively referred amendment), and the Attorney General must consider public comments only with respect to initiative ballot statements. Regardless of the type of measure, however, the ballot title and explanation are prepared by the Attorney General. This ballot statement may be challenged in court by a measure’s proponents or opponents, but the South Dakota Supreme Court has described its review as limited and affords discretion to the Attorney General.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in South Dakota
South Dakota has statutory and constitutional initiatives, veto referendums, as well as legislatively referred amendments.
√ Initiatives – Statutory
√ Initiatives – Constitutional
The people of South Dakota have reserved the initiative power to propose and enact laws and constitutional amendments independently of the legislature. See S.D. Const. art. III, § 1, art. XXIII, §§ 1, 3.
√ Veto Referendums
South Dakotans also have the referendum power to approve or reject any law passed by the legislature, except for laws necessary for the immediate preservation of public peace, health, or safety; or for support of the state government and its existing public institutions. S.D. Const. art. III, § 1.
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the legislature must be approved by South Dakota voters. See S.D. Const. art. XXIII, §§ 1, 3.
Election Timing
The timing of an election may vary depending on the form of direct democracy; while most ballot measures must be submitted to voters at a general election, the legislature may call a special election for a vote on a legislatively referred amendment.
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The ballot for a statewide ballot measure in South Dakota must display the following information. The contents and related processes vary somewhat depending on the type of ballot measure.
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
Before any election at which a statewide ballot measure is to be submitted to voters, county auditors must make a publication in each of their county’s official newspapers. See S.D. Codified Laws §§ 12-13-2—12-13-3, 12-13-27. The publication must run once, between two to four weeks before the election. See id. It must include the certified, complete copy of the proposed measure, as well as the title and explanation prepared by the Attorney General. See id.; id. § 12-13-1.
Voter Information Pamphlet
The Secretary of State must publish a pamphlet that includes the following “public information” about each ballot measure. See S.D. Codified Laws § 12-13-23.
The statute directs that the Secretary of State must “distribute” this pamphlet but does not specify a particular distribution method. See S.D. Codified Laws § 12-13-23.
JUDICIAL REVIEW
When and how can the court step in?
For any type of ballot measure, South Dakota statutes allow a measure’s proponents or opponents to challenge the Attorney General’s statement, including the title and/or explanation, as being inadequate pursuant to the statutory requirements. See S.D. Codified Laws § 12-13-9.2 (referencing id. §§ 12-13-9, 12-13-25.1). A challenger must file an action in circuit court within seven days of the Attorney General’s statement being delivered to the Secretary of State. See id. Any party appealing the circuit court order to the South Dakota Supreme Court must file a notice of appeal within five days. Id. The South Dakota Supreme Court views its reviewing role as “limited,” noting: “We merely determine if the Attorney General has complied with his statutory obligations and we do not sit as some type of literary editorial board.” Ageton v. Jackley, 878 N.W.2d 90, 93, 96 (S.D. 2016) (citation omitted).
Sample case: Ageton v. Jackley, 878 N.W.2d 90 (S.D. 2016) (rejecting a challenge to the Attorney General’s statement, including argument that the explanation improperly combined the measure’s purpose and effect; holding the Attorney General did not abuse his discretion).
For a proposed constitutional amendment, South Dakota statutes also allow interested parties to appeal a decision by the Secretary of State not to certify a proposed amendment on single-subject grounds. See S.D. Codified Laws § 12-13-26.2.
In Tennessee, legislatively referred amendments are the only form of statewide direct democracy available. Proposed amendments must be submitted to voters at a general election for the Governor. The Tennessee legislature drafts the ballot question, which is presented on the ballot alongside a summary of the proposal drafted by the Attorney General. The state’s direct democracy provisions do not explicitly provide for judicial review of ballot measure language or related materials, but review may be available through other channels.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in Tennessee
Tennessee does not have statewide initiatives or veto referendums but has legislatively referred amendments.
X Initiatives – Statutory
X Initiatives – Constitutional
X Veto Referendums
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the legislature must be approved by Tennessee voters. Tenn. Const. art. XI, § 3.
Election Timing
A proposed amendment must first be approved by a majority of all members elected to each house and is then referred to the next General Assembly. If approved by 2/3 members of each house of that succeeding General Assembly, the amendment is then submitted to the electors “at the next general election in which a governor is to be chosen.” Tenn. Const., art. XI, § 3. To be adopted, an amendment must receive the approval of the majority of citizens voting in the election for the Governor. Id.
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The ballot for a proposed amendment to the Tennessee Constitution must include the following.
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
Under the Tennessee Constitution, publication of a proposed amendment is required after it is approved by the first General Assembly and referred to the next General Assembly to be elected. The amendment “shall be published six months previous to the time of making such choice[.]” Tenn. Const. art. XI, § 3.
Establishing standing has been an obstacle to enforcing the publication requirement. See , 195 S.W.3d 612 (Tenn. 2006). In its opinion dismissing the case on standing grounds, the Tennessee Supreme Court suggested it is within the purview of the legislature to determine how to fulfill the publication requirements of the Tennessee Constitution. Id. at 626 & n.12.
Voter Information Pamphlet
X Tennessee law does not require a state voter information pamphlet for constitutional amendments.
JUDICIAL REVIEW
When and how can the court step in?
Tennessee’s provisions governing legislatively referred amendments do not explicitly provide for judicial review of ballot language or related materials, but review may be available under other channels.
In Texas, legislatively referred amendments are the only form of statewide direct democracy available. The legislature has substantial control over how proposed amendments are submitted to voters. For instance, the legislature may call a special election and may supply the ballot language. The Secretary of State, with the approval of the Attorney General, prepares a statement to explain the nature of the proposed amendment that is published in newspapers. Judicial review of proposed amendments has historically been limited, but may be available if, for instance, the ballot proposition is missing a core feature of the amendment.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in Texas
Texas does not have statewide initiatives or veto referendums but has legislatively referred amendments.
X Initiatives – Statutory
X Initiatives – Constitutional
X Veto Referendums
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the legislature must be approved by Texas voters. Tex. Const. art. XVII, § 1(a).
Election Timing
A proposed amendment is submitted to voters after it is approved by a 2/3 vote of all members elected to each house of the legislature. “The date of the elections shall be specified by the legislature.” Tex. Const. art. XVII, § 1(a). See also Tex. Elec. Code § 41.001(a) (requiring uniform election dates for general or special elections).
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The ballot for a proposed amendment must contain the following.
The ballot language is generally prescribed by the legislature, but if the legislature fails to do so, the Secretary of State “must describe the proposed amendment in terms that clearly express its scope and character.” See Tex. Elec. Code §§ 52.072, 274.001(a)-(b), 274.003. Texas statutes also require the Secretary of State to include appropriate ballot translation language, as required under federal law. See Tex. Elec. Code § 274.003(c).
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
The Secretary of State must publish notice twice in each newspaper required to publish official notices: first 50-60 days before the election, then again on the same day of the following week. Notice must include the election date and:
Tex. Const. art. XVII, § 1(b); Tex. Elec. Code §§ 274.022–274.023.
Additionally, the Governor’s proclamation ordering the election must include the ballot proposition language. Tex. Elec. Code § 274.001(c).
The Secretary of State must also send the text of each proposed amendment to county clerks, who must post a full and complete copy in a public place at least 30 days prior to the election. Tex. Const. art. XVII, § 1(b).
Voter Information Pamphlet
Texas law does not require a formal state voter information pamphlet for ballot measures. However, as noted above, a brief explanatory statement of the nature of the proposed amendment, prepared by the Secretary of State and approved by the Attorney General, is published in newspapers.
JUDICIAL REVIEW
When and how can the court step in?
Any question relating to the “validity or outcome of a constitutional amendment election may be raised in an election contest”, which is the “exclusive method for adjudicating such questions.” Any such contest must be filed before the final canvass of election results is completed. Tex. Elec. Code § 233.014(g).
Sample case: Dacus v. Parker, 466 S.W.3d 820, 826 (Tex. 2015) (invalidating an amendment to a city charter, where ballot language failed to inform voters of “chief feature” of measure). While Dacus involved a proposed amendment to a city charter, its analysis called into question prior case law indicating that a ballot must only allow voters to identify and distinguish different proposed constitutional amendments from one another.
Utah has statutory initiatives (but not constitutional initiatives), veto referendums, and legislatively referred amendments. For statutory initiatives, Utah allows sponsors to decide whether to submit their proposal directly to voters through the direct initiative, or to first submit it for the legislature’s consideration through the indirect initiative. Utah’s processes for voter-initiated measures are quite different from those for legislatively referred amendments. For instance, the ballot must contain more information about an initiative or veto referendum than a legislatively referred amendment, including a separate ballot insert to provide voters with an impartial summary of each ballot measure. Further, Utah’s direct democracy provisions explicitly provide for judicial review of initiatives and veto referendums, but not legislatively referred amendments.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in Utah
Utah has both direct and indirect statutory voter initiatives, veto referendums, and legislatively referred amendments.
√ Initiatives – Statutory (Direct and Indirect)
The people of Utah have reserved the initiative power to propose and enact legislation. Utah Const. art. VI, § 1(2)(a).
The people may petition for a proposed law to be submitted to voters at a general election (direct initiative) or submitted to the state legislature for its adoption (indirect initiative). Id.; Utah Code Ann. §§ 20A-7-102, 20A-7-208.
X Initiatives – Constitutional
√ Veto Referendums
Utahns have the referendum power to require that any law passed by the legislature be put to a popular vote, except for any law passed by a 2/3 supermajority vote. Utah Const. art. VI, § 1(2)(a)(i).
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the legislature must be approved by Utah voters. Utah Const. art. XXIII, § 1.
Election Timing
The timing of an election on a ballot measure may depend on the form of direct democracy; while most ballot measures must be submitted to voters at a general election, the Governor may call a special election with respect to a veto referendum.
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The ballot contents for a Utah ballot initiative depend on the type of measure at hand.
See also generally Utah Code Ann. § 20A-7-308.
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
Utah’s publication requirements vary depending on the type of ballot measure at issue.
Voter Information Pamphlet
The Lieutenant Governor must publish a Voter Information Pamphlet that includes the following information about each ballot measure.
JUDICIAL REVIEW
When and how can the court step in?
In addition, for initiatives only, at least three sponsors may challenge the initial fiscal impact estimate prepared by the Office of the Legislative Fiscal Analyst. However, there is a presumption in favor of the initial estimate, and the court may not revise or direct revision thereof unless it is shown that, taken as a whole, it is an inaccurate statement of the initiative’s estimated fiscal impact. Utah Code Ann. § 20A-7-202.5(4).
Sample case: Snow v. Off. of Leg. Rsch and Gen. Couns., 167 P.3d 1051 (Utah 2007) (rejecting argument that ballot title for veto referendum was patently false because it did not reference a subsequent piece of related legislation).
In Vermont, legislatively referred amendments are the only form of statewide direct democracy available. Notably, constitutional amendments may only be proposed by the Vermont Senate, and only every four years. A proposed amendment must be submitted at a general election, on the first Tuesday in November, in even-numbered years. Vermont law requires publication to notify the public about a proposed constitutional amendment but provides few requirements with respect to ballot contents. Vermont’s direct democracy provisions also do not explicitly provide for judicial review of ballot measure language or related materials, but review may be available under other channels.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in Vermont
Vermont does not have statewide initiatives or veto referendums but has legislatively referred amendments.
X Initiatives – Statutory
X Initiatives – Constitutional
X Veto Referendums
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the legislature must be approved by Vermont voters. See Vt. Const. ch. II, § 72. Notably, constitutional amendments may only be proposed by the Senate, and only every four years. See id.
Election Timing
A legislatively referred amendment is submitted to voters after it is approved by a 2/3 supermajority of the members of each legislative house, followed by a majority of the members of each house of the next consecutive legislature. See Vt. Const. ch. II, § 72. Pursuant to statute, an amendment must be submitted at a general election, on the first Tuesday after the first Monday in November, in even-numbered years. See Vt. Stat. Ann. tit. 17, § 1842(a).
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
Under the Vermont Constitution, the General Assembly has the authority to provide for the manner of voting on a proposed amendment, and state provisions are silent as to specific contents that must be included on the ballot. See Vt. Const. ch. II, § 72. The Secretary of State is charged with causing ballots to be prepared. See Vt. Stat. Ann. tit. 17, § 1844(b).
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
The Secretary of State must publish information about legislatively referred amendments in at least two newspapers of general circulation, between September 25 and October 1 preceding the general election. See Vt. Stat. Ann. tit. 17, § 1844. The publication must include the full text of the proposed amendment, as well as a summary of proposed changes prepared by the Secretary of State. See id. The Vermont Constitution also requires the Governor to issue a proclamation providing public notice of a proposed amendment before its submission to voters. See Vt. Const. ch. II, § 72; see also Vt. Stat. Ann. tit. 17, § 1841(b).
The Secretary of State must also publish information about a proposed amendment during the period between its initial approval and its approval by the next consecutive legislature. See Vt. Stat. Ann. tit. 17, § 1840.
Voter Information Pamphlet
X Vermont law does not require a state voter information pamphlet for ballot measures.
JUDICIAL REVIEW
When and how can the court step in?
Vermont’s direct democracy provisions do not explicitly provide for judicial review of ballot measure language or related materials, but review may be available under other channels.
In Virginia, legislatively referred amendments are the only form of statewide direct democracy available. The legislature has substantial control over how proposed amendments are submitted to voters. It may determine the manner in which a proposed amendment will be presented, including the election timing. However, the State Board of Elections prepares a “Plain English” statement describing each amendment that is published online and distributed to polling places. There is no explicit provision for judicial review, and the statutes make clear that failure to comply with requirements pertaining to the ballot question or “Plain English” statement will not affect an adopted constitutional amendment’s validity.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in Virginia
Virginia does not have statewide initiatives or veto referendums but has legislatively referred amendments.
X Initiatives – Statutory
X Initiatives – Constitutional
X Veto Referendums
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the legislature must be approved by Virginia voters. Va. Const. art. XII, § 1.
Election Timing
A proposed amendment must first be approved by a majority of members of each house, in two consecutive General Assemblies. It is then submitted to the people in such manner as the legislature shall prescribe, at least 90 days after final approval by the legislature. Va. Const. art. XII, § 1.
In recent history, proposed amendments have been submitted at general elections.
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The ballot for a proposed constitutional amendment must contain:
See Va. Code Ann. § 24.2-615.
Virginia law is silent as to a ballot question’s contents and gives the legislature power to determine the manner in which an amendment will be submitted to voters. See Va. Const. art. XII, § 1; Va. Code Ann. §§ 30-19, 30-19.9.
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
The State Board of Elections must publish an “explanation” of each proposed amendment on its website, and in newspapers meeting certain circulation requirements. Newspaper publication is made twice: once in the week before the close of voter registration and again in the week before the election. Va. Code Ann. § 30-19.9. The contents of the explanation must be approved by the General Assembly and are described in further detail below. Id.
Voter Information Pamphlet
As noted, the State Board of Elections must publish an “explanation” of each proposed amendment. Va. Code Ann. § 30-19.9. An explanation must include:
The explanation is first drafted by the Division of Legislative Services in consultation with other agencies, including the Attorney General, as appropriate. Va. Code Ann. § 30-19.9. It is approved by the first General Assembly then referred to the next General Assembly, which must approve it “for distribution as to form and content.” Id.
The State Board of Elections must distribute the explanation to county registrars for placement at each registration site and polling place. Id.
JUDICIAL REVIEW
When and how can the court step in?
Virginia’s direct democracy provisions do not explicitly provide for judicial review of ballot contents, and such review is limited by the clear discretion given to the legislature under Virginia law. Further, Virginia Code Annotated § 30-19.9 makes clear that failure to comply with its requirements pertaining to explanatory materials—including a ballot question—does not affect the validity of a constitutional amendment.
Sample case: Goldman v. State Bd. of Elections, No. 201067, 2020 WL 5498497 (Va. Sept. 9, 2020) (dismissing petition for writ of mandamus against State Board of Elections alleging that ballot question for proposed constitutional amendment was misleading; finding Board had no role in determining ballot question language and would not have a clear duty to reject it even if defective).
Washington has direct and indirect statutory initiatives (but not constitutional initiatives), veto referendums, and legislatively referred amendments. The timing of an election may vary depending on the type of ballot measure. Although submission at general elections is the norm, the legislature may order a special election for a veto referendum. The contents of the ballot also vary somewhat depending on the type of ballot measure, with an additional disclosure required for an initiative or veto referendum predicted to have a financial impact. Notably, Washington law requires the Secretary of State to supplement newspaper publications with an equivalent amount of radio and television broadcasts for any state ballot measure submitted to voters at a general election. The Secretary of State is also required to compile and distribute a detailed Voter Information Pamphlet, drawing on materials prepared by other entities. Washington statutes provide pathways for pre-election legal challenges to various materials—including ballot titles, public investment impact disclosures, and Voter Information Pamphlets—before the Superior Court of Thurston County, whose decisions are to be expeditious and considered final. In addition to pre-election statutory challenges before the Thurston County Superior Court, Washington courts may also consider constitutional claims post-enactment.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in Washington
Washington has both direct and indirect statutory initiatives, veto referendums, and legislatively referred amendments. Washington voters may not initiate a constitutional amendment.
√ Initiatives – Statutory (Direct and Indirect + Legislative Alternatives)
The people of Washington have the initiative power to propose and enact legislation. Wash. Const. art. II, § 1(a).
The people may petition for a proposed law to be submitted directly to voters (direct initiative) or submitted to the state legislature for its adoption (indirect initiative). See id. With respect to an indirect initiative, the legislature may reject the measure and propose a different one dealing with the same subject, in which case, both measures are submitted to voters. See id.
X Initiatives – Constitutional
√ Veto Referendums
Washingtonians have the referendum power to require that any act of the legislature, or any part thereof, be submitted to the voters for their approval or rejection, except for laws necessary for the immediate preservation of public peace, health, or safety; or for support of state government and its existing public institutions. See Wash. Const. art. II, § 1(b), (d).
In addition to veto referendums, which are initiated via voter petition, the Washington Constitution also authorizes the state legislature to itself refer an act to the people; but the legislature may not enact an indirect initiative and then refer it to the people. Wash. Const. art. II, § 1(b).
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the legislature must be approved by Washington voters. Wash. Const. art. XXIII, § 1.
Election Timing
The timing of an election on a ballot measure may vary depending on the form of direct democracy. Although submission at general elections is the norm, the legislature may order a special election with respect to a veto referendum.
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The ballot for a statewide ballot measure in Washington must display the following.
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
For any statewide ballot measure submitted to the people at a general election, the Secretary of State must publish notice of the measure up to four times during the four weeks immediately preceding that election, in every legal newspaper in the state: and at least four times for a legislatively referred amendment. See Wash. Const. art. XXIII, § 1; Wash. Rev. Code § 29A.52.330. On top of this, the Secretary of State must “supplement this publication with an equivalent amount of radio and television advertisements.” Id. § 29A.52.330. The publication and broadcast may set forth some or all of the following. See id. § 29A.52.340.
Voter Information Pamphlet
The Secretary of State must also publish a Voter Information Pamphlet that includes the following information about each ballot measure. Wash. Rev. Code § 29A.32.010.
The Secretary of State must distribute printed copies of the Voter Information Pamphlet to each household in the state, public libraries, as well as other locations they deem fit. See Wash. Rev. Code § 29A.32.010. The Secretary must also make the Voter Information Pamphlet available online. See id. Additionally, the Secretary of State is required to distribute, upon an individual’s request, taped or Braille transcripts of the Voter Information Pamphlet. See id.
JUDICIAL REVIEW
When and how can the court step in?
Washington statutes provide pathways for pre-election legal challenges to various materials—including ballot titles, Voter Information Pamphlets, and public investment impact disclosures.
Any person dissatisfied with a ballot title may challenge or “appeal” the title to the Superior Court of Thurston County. See Wash. Rev. Code §§ 29A.72.080 (providing for ballot title appeals with respect to initiatives and veto referendums; also allowing for appeals to challenge the summary appearing on the petition), 29A.36.060 (providing for ballot title appeals with respect to proposed constitutional amendments). With respect to an initiative or veto referendum, such appeal must be filed within five business days of the filing of the ballot title; for constitutional amendments, this limit is ten business days. See id. §§ 29A.72.080, 29A.36.060.The decision must be rendered expeditiously and is considered final. See id.
Washington statutes also allow any dissatisfied person to challenge the explanatory statements prepared by the Attorney General which appear as part of the Voter Information Pamphlet. See Wash. Rev. Code §§ 29A.32.040(3), 29A.32.070(3)–(4). Such an appeal must be filed in the Superior Court of Thurston County within five days of the filing of the explanatory statements. Id. § 29A.32.040(2)–(3). The decision of the Superior Court must be rendered within the timelines identified by the Secretary of State and is considered final. Id. § 29A.32.040(3).
Similarly, a public investment impact disclosure for an initiative or veto referendum may be appealed by any dissatisfied person: also, to the Superior Court of Thurston County. See Wash. Rev. Code § 29A.72.028. This appeal must be made within three business days of the disclosure being filed with the Secretary of State. See id. The Superior Court must render a decision within five days, which shall be a final decision. See id.
In addition to pre-election, statutory challenges before the Superior Court of Thurston County, Washington courts may also consider constitutional claims post-enactment. See, e.g., End Prison Indus. Complex v. King Cnty., 431 P.3d 998, 1005 (Wash. 2018). For statutory initiatives and veto referendums, this may include challenges based on Wash. Const. art. II, § 19, which requires that the subject of a bill must be expressed in its (ballot) title. See, e.g., Amalgamated Transit Union Loc. 587 v. State, 11 P.3d 762, 781 (Wash. 2000), as amended, opinion corrected, 27 P.3d 608 (Wash. 2001).
Sample case: Amalgamated Transit Union Loc. 587 v. State, 11 P.3d 762, 786–792 (Wash. 2000), as amended, opinion corrected, 27 P.3d 608 (Wash. 2001) (in the initiative context, finding the constitutional subject-in-title requirement is satisfied if the ballot title indicates the scope and purpose, but that it need not be an index to the measure’s contents; and holding the ballot title at issue failed to comply with this requirement, in that it used the word “tax,” which has a commonly understood meaning, despite the fact that the measure defined “tax” more broadly).
In West Virginia, legislatively referred amendments are the only form of statewide direct democracy available. The legislature has substantial control over how proposed amendments are submitted to voters. For instance, the legislature may decide to call a special election and may supply the ballot language. Judicial review is not explicitly available under the state’s direct democracy provisions but may be available under other channels.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in West Virginia
West Virginia does not have statewide initiatives or veto referendums but has legislatively referred amendments.
X Initiatives – Statutory
X Initiatives – Constitutional
X Veto Referendums
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the legislature must be approved by West Virginia voters. W. Va. Const. art. XIV, § 2.
Election Timing
The legislature may order that a proposed amendment be submitted to voters at a special election, or at the next general election.
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The ballot for a proposed amendment to the West Virginia Constitution must include the following:
See W. Va. Code § 3-11-2. Both the title and summary shall be supplied by the legislature in its joint resolution proposing the amendment, but if the legislature fails to supply either or both, the Secretary of State must supply the omission(s). Id.
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
The Secretary of State shall cause the proposed amendment (text), title, and summary to be published at least three months before the election, in a newspaper in every county in which a newspaper is printed. W. Va. Code § 3-11-3; see also W. Va. Const. art. XIV, § 2.
Voter Information Pamphlet
X West Virginia law does not require a state voter information pamphlet for ballot measures.
However, when recommended by the Secretary of State, the State Election Commission must prepare and distribute nonpartisan educational materials, including to inform voters of the effect of any constitutional amendment. W. Va. Code § 3-1A-5(c).
JUDICIAL REVIEW
When and how can the court step in?
West Virginia’s direct democracy provisions do not explicitly provide for judicial review of ballot measure language or related materials, but review may be available under other channels, such as W. Va. Code § 3-1-45 (providing for writs of mandamus to compel performance of duties).
Sample case: State ex rel. Cooper v. Caperton, 470 S.E.2d 162 (W. Va. 1996) (rejecting a challenge to a constitutional amendment approved by voters in 1994; finding “substantial compliance” with W. Va. Const. art. XIV, § 2 where state failed to publish the full text of the proposed amendment in the newspapers, but published the summary thereof; summary adopted by the legislature “fully, fairly, and accurately describe[d] the Amendment”, and was “sufficient to permit [voters] to make up their minds”, and there was no evidence it had misled voters, or that publication of full text would have made a difference).
In Wisconsin, legislatively referred constitutional amendments are the only available form of statewide direct democracy. A legislatively referred amendment must be approved by two consecutive sessions of the legislature and then submitted to the voters in the time and manner prescribed by the legislature. The proposed amendment must be filed with the agency responsible for preparing ballots no later than 70 days before the election. Wisconsin citizens are provided information about the referendum through a series of notices published by the clerks responsible for running the election. Wisconsin law provides no explicit avenue of judicial review for ballot questions, but actions for declaratory and/or injunctive relief may be available. The standard of review is deferential: Pursuant to a 2023 decision by the Wisconsin Supreme Court, ballot language is sufficient if it is not “fundamentally counterfactual[.]” See Wis. Just. Initiative, Inc. v. Wis. Elections Comm’n, 2023 WI 38, ¶ 5, 407 Wis. 2d 87, 990 N.W.2d 122. In addition to legislatively referred amendments, the Wisconsin Constitution also requires voter approval of statutes that extend the right of suffrage to additional classes.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in Wisconsin
Wisconsin does not have statewide initiatives or veto referendums but has legislatively referred amendments. Additionally, the Wisconsin Constitution also requires voter approval of statutes that extend the right of suffrage to additional classes.
X Initiatives – Statutory
X Initiatives – Constitutional
X Veto Referendums
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the legislature must be approved by Wisconsin voters. Wis. Const. art. XII, § 1. In addition, laws “extending the right of suffrage to additional classes” must be ratified “by the people at a general election.” Wis. Const. art. III, § 2.
Election Timing
A legislatively referred amendment must be approved by two consecutive sessions of the legislature and is then submitted “to the people in such manner and at such time as the legislature shall prescribe.” See Wis. Const. art. XII, § 1.
Once approved in the first legislative session, the proposed amendment “shall be published for three months” before the next legislative election is held. Wis. Const. art. XII, § 1. After the second legislature’s approval, the amendment must be “filed with the official or agency responsible for preparing the ballots for the election no later than 70 days prior to the election.” Wis. Stat. § 8.37.
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The ballot for any proposed constitutional amendment in Wisconsin must display the following:
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
Five types of election notices are produced by municipal and county clerks responsible for the election using forms prescribed by the Wisconsin Elections Commission. Wis. Stat. § 10.01(2). When an election includes a proposed constitutional amendment, several of those notices provide information about the proposal: including a notice of election and a notice providing instructions and a sample ballot. Wis. Stat. §§ 10.01(2)(a)-(b), 10.02. In addition, the Attorney General prepares a “notice of referendum,” which contains the referendum date, the entire text of the question and proposed enactment, and an explanatory statement of a “yes” or “no” vote. Wis. Stat. § 10.01(2)(c). The notice is published in a newspaper “as close as possible” to the Type B notice. Id.
When a proposed constitutional amendment is approved for the first time by the legislature, its text is published by the Legislative Reference Bureau on the internet no later than the August 1 preceding a general election. Wis. Stat. § 35.07.
Voter Information Pamphlet
Wisconsin law does not require a state voter information pamphlet for ballot measures. However, as noted above, the Attorney General is charged with preparing a notice of the referendum, which includes an explanatory statement as the effect of a vote.
JUDICIAL REVIEW
When and how can the court step in?
Wisconsin’s provisions governing legislatively referred amendments do not explicitly provide for judicial review of ballot language or related materials, but review may be available under other channels, such as actions for declaratory and/or injunctive relief.
Sample case: Wis. Just. Initiative, Inc. v. Wis. Elections Comm’n, 2023 WI 38, 407 Wis. 2d 87, 990 N.W.2d 122 (holding that a proposed amendment must accomplish “one general purpose” pursuant to the state’s single amendment requirement, and that ballot language must not be “fundamentally counterfactual such that voters [are] not asked to approve the actual amendment.”).
Wyoming has statutory initiatives, veto referendums, and legislatively referred amendments. Any of these statewide ballot measures must be submitted to voters in a general election. Ballot content requirements vary depending on whether the measure is initiated by voters or referred by the legislature, with additional fiscal impact details required for initiatives only. The ballot preparation process also varies, with the Attorney General involved in initiatives and veto referendums, but not legislatively referred amendments. Beyond the ballot materials, Wyoming law requires that more voter information be provided for legislatively referred amendments, including a voter information pamphlet that is not required for statutory initiatives or veto referendums. Wyoming statutes clearly provide for judicial review of determinations made by the Secretary of State or Attorney General regarding initiatives or veto referendums, but not regarding legislatively referred amendments, though review may be available under other channels.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in Wyoming
Wyoming has statutory voter initiatives (but not constitutional initiatives), veto referendums, and legislatively referred amendments.
√ Initiatives – Statutory
The people of Wyoming have the initiative power to propose and enact legislation independent of the legislature. See generally Wyo. Const. art. III, § 52. The initiative power cannot be used to expend state revenues, to make or repeal appropriations, to create courts, or to enact legislation that the legislature would be prohibited from enacting under the state constitution. Id. § 52(g).
X Initiatives – Constitutional
√ Veto Referendums
Wyomingites have the referendum power to demand that any act of the legislature be submitted to the voters for their approval or rejection, except for dedications of revenue, appropriations, local or special legislation, or laws necessary for the immediate preservation of public peace, health, or safety. See Wyo. Const. art. III, § 52(a), (g).
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the legislature must be approved by Wyoming voters. Wyo. Const. art. XX, § 1.
Election Timing
A statewide ballot measure must be submitted to voters in a general election.
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
Ballot content requirements vary depending on whether the measure is initiated via voter petition, or a legislatively referred amendment; additional fiscal impact details are required with respect to initiatives. The ballot preparation process also varies, with the Attorney General involved with respect to initiatives and veto referendums, but not for legislatively referred amendments.
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Wyoming law requires that more voter information be provided with respect to legislatively referred amendments, including a voter information pamphlet that is not required for initiatives or veto referendums.
Publication
Wyoming law requires that pre-election publications be made about state ballot measures, with additional publications required for legislatively referred amendments compared to measures initiated via petition.
Voter Information Pamphlet
X Wyoming law does not require a state voter information pamphlet regarding initiatives or veto referendums.
JUDICIAL REVIEW
When and how can the court step in?
In addition to statutory requirements, the Wyoming Supreme Court has suggested that an initiative’s ballot title and summary must comply with the state’s constitutional requirement that the title of a bill must contain its subject. See Wyo. Const. art. III, § 24; Wyoming Nat. Abortion Rights Action League v. Karpan, 881 P.2d 281, 289-291 (Wyo. 1994) (holding the title of the challenged initiative adequately expressed the substantive provisions included within the body of the measure).
Sample case: Wyoming Nat. Abortion Rights Action League v. Karpan, 881 P.2d 281, 289-291 (Wyo. 1994) (assuming that initiatives must comply with the subject-in-title requirement of Wyo. Const. art. III § 24, and finding the title of the challenged initiative adequately expressed the substantive provisions included within the body of the measure).