Legislative tampering
Most of the states with initiative or referendum do allow some degree of legislative tampering. The differences between states have to do with:
- Whether there is a time limit on when a state legislature can repeal or revise a law enacted through the initiative process.
- The types of ballot measures that a legislature is allowed to repeal or revise.
When state legislatures do have the right of legislative tampering, it only applies to initiated state statutes. If a state legislature wants to change the result of an election on an initiated constitutional amendment, they have to go through that state's normal procedure for amending their constitution.
No restrictions
States with no restrictions at all on legislative tampering include Colorado, Maine, Massachusetts, Missouri, Montana, Nebraska, Ohio, Oklahoma, Oregon, South Dakota and Utah.
Restrictions
Passage of time
Some states allow the legislature to amend or repeal initiated state statutes, but only after a certain amount of time has elapsed. These states are:
| State | Years that must elapse |
|---|---|
| Alaska | Can amend immediately; must wait 2 years to repeal |
| Nevada | Must wait 3 years |
| North Dakota | For 7 years, a 2/3rds vote is required to change |
| Washington | For 2 years, a 2/3rds vote is required to change |
Laws by state
Alaska
The legislature can amend a citizen initiative at any time, but can only outright repeal a statute passed by initiative after two years have elapsed since the time it became law.
Arizona
Arizona voters passed Proposition 105 in 1998, which significantly inhibits the authority of the Arizona State Legislature to alter measures passed by voters.
Proposition 105 came into play when, in 2009, the Arizona State Legislature removed $7 million from Early Childhood Development and Health Fund that had accrued as interest and put the money into the state's general operating fund. The board that oversees the fund sued the state in May, and in July, the Arizona Supreme Court sided unanimously with the fund against the state.[1] The Supreme Court relied on Proposition 105 from 1998 in its reasoning.
Arkansas
An initiated amendment passed by the voters may only be changed by another vote of the people. An initiated state statute approved by a vote of the people can only be amended or repealed by a two-thirds vote of the general assembly (for statewide measures) or the city council (for local measures).
California
California is generally acknowledged to have the strictest laws in the country forbidding legislative tampering with citizen-initiated measures.[2]
- The California Supreme Court decided People v. Kelly in January 2010, which exemplifies the state's strict prohibition on any kind of legislative tampering.
Colorado
Colorado law allows the Colorado General Assembly to repeal and amend an initiative statute passed by the voters.
Florida
Constitutional amendments by initiative become part of the constitution and are thus only alterable by the legislature through regular constitutional procedures, any changes of which must be approved by popular vote.
Maine
By common practice, the legislature can both repeal and amend initiatives.
The veto power of the Governor does not extend to citizen initiatives.
Massachusetts
The Massachusetts State Legislature can both repeal and amend initiatives, according to Massachusetts Constitution Article 48, Gen. Prov. Pt. 6.
Michigan
The Michigan State Legislature can repeal and amend ballot initiatives by a 75% supermajority vote of each house or as otherwise provided by the initiative.
Mississippi
Constitutional amendments by initiative become part of the constitution and are thus only alterable by the legislature through regular constitutional procedures, any changes of which must be approved by popular vote.
Missouri
The Missouri State Legislature can both repeal and amend initiated state statutes, but not initiated constitutional amendments.
Montana
The Montana State Legislature can both repeal and amend initiated state statutes (but not initiated constitutional amendments, except through the normal procedures for amending the Montana Constitution.)
Nebraska
The Nebraska State Legislature can repeal and amend initiated state statute, but not initiated constitutional amendments. The legislature can repeal and amend initiative statutes by a simple majority.
Nevada
The Nevada State Legislature can only repeal or amend initiated state statutes three years after they have been enacted.
North Dakota
The North Dakota State Legislature can repeal or amend an initiated state statute by a 2/3 vote of each house for seven years after passage. Once seven years have elapsed, a simple majority vote in the state legislature is required.
Ohio
The Ohio State Legislature can both repeal and amend initiated state statutes.
Oklahoma
The Oklahoma State Legislature can both repeal and amend initiated state statutes, according to a court ruling.
Oregon
The Oregon State Legislature can repeal and amend initiated state statutes by a simple majority vote.
South Dakota
The South Dakota State Legislature can both repeal and amend initiated state statutes.
Utah
Initiatives that are approved by the voters are treated as regular statutes and may be amended or repealed by the Utah State Legislature at any legislative session after the act or law has taken effect.
Washington
The Washington State Legislature can repeal or amend an initiative by a two-thirds vote of each house during the first two years of enactment and by majority vote thereafter.
Examples of legislative tampering in Washington include:
