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Ballot Law Update: Notable ballot measure law developments in four states
March 18, 2015
By Josh Altic
As of March 18, 2015, at least 120 bills concerning ballot measure law were proposed or reconsidered in the 2015 legislative sessions of 37 states. Of the total, 114 were introduced this year and the other six were carried over from the 2014 legislative session in New Jersey. So far, Ballotpedia tracked four bills that were defeated or abandoned by their sponsors, and one bill that was approved.
The changes in law proposed this year include efforts to make the initiative and referendum process more difficult, attempts to regulate campaign contributions and circulators, and bills that would establish the power of initiative in non-I&R states or make the power more accessible.
See "Changes in 2015 to laws governing ballot measures" for a periodically updated list of proposed ballot measure law changes organized by state. This page also includes a brief summary of each proposed bill, the status of the bill and links to more information.
Recent news
Wyoming becomes the first state in 2015 to enact notable changes to laws governing initiatives and referendums:
On February 25, 2015, just eight days before the state's legislative session ended on March 5, 2015, Wyoming Senate Bill 49 was signed into law by Gov. Matt Mead (R). The bill was designed by its sponsoring committee to essentially rewrite the sections of Wyoming law that govern the initiative and referendum powers. Although many provisions remained the same with regard to content, some notable changes included:
- Separate sections for the initiative power and the referendum power
- The removal of a Wyoming residency requirement
- The removal of a ban on paying initiative circulators based upon the number of signatures collected
- Note: The ban on paid-per-signature circulators for referendums remained in effect in SB 49.
The bill was approved unanimously in the Senate and with 17 dissenters in the House.[1]
Alabama is added to 2015's growing list of states that could get initiative and referendum powers:
Both House Bill 78 and its Senate companion SB 73 were designed to authorize the power of initiative for constitutional amendments and general laws. The bills would also allow the legislature to propose an alternate proposal once proposed initiatives are filed. Since these bills would amend the Alabama Constitution, they would require voter approval in a statewide election after approval in the legislature.
Alabama is the most recent addition to the list of states featuring proposals for the institution of the initiative power in 2015. The list now includes Alabama, New Jersey, New York, Pennsylvania, South Carolina, West Virginia and Virginia.[2]
Maine bill to ban out-of-state circulators earns important committee approval:
The long list of proposed changes to ballot measure law on the table in Maine's 2015 legislative session includes important issues such as distribution requirements, restrictions preventing citizen initiatives from affecting hunting and fishing laws, and the prevention of corporations from making political donations without a shareholder vote. None of these bills will have any actual effect, however, unless they make it through both branches of the legislature and are signed by the governor. Legislative Document 176 stands out because it was unanimously approved on March 11, 2015, by the Veterans and Legal Affairs Committee, drastically boosting the likelihood that the bill will earn the necessary legislative support to pass. If this happens, LD 176 would close a loophole in order to fully require circulators of initiative and referendum petitions to be state residents. It would also require paid circulators to register with the secretary of state and impose other restrictions.[3]
Texas lawmaker proposes bill to restrict local initiatives after Denton voters approve the state's first local fracking ban:
In November 2014, voters in Denton, Texas, approved the state's first local ban on hydraulic fracturing and became embroiled in a lawsuit over property rights and state vs. local control. The 2015 Texas legislative session features a response to Denton's initiative in the form of a bill that would require local initiatives and referendums to be submitted to the state attorney general. If the attorney general decides the proposed law is in violation of state or federal law or that it would cause the taking of private property, the measure could not be put on the ballot. Rep. Phil King (R-61), the author of House Bill 540, said the proposal is “somewhat a result” of Denton's initiative prohibiting fracking.[4]
The bill has sparked opposition from several Texas lawmakers and local officials. Rep. Byron Cook (R-8), said, “I’m struggling a bit with respect to this going to a politically elected office,” he said. “Can you get a fair ruling understanding that you may be ruling against the people?”[4]
Rep. Sylvester Turner (D-139) stated his concerns: “When people are talking about less government and government being too large, what this sounds like is that the hand of government is getting bigger, and we’re slapping down people on a local level. I hear what you’re saying, but there’s something that just doesn’t quite sit well.”[4]
Denton City Attorney Anita Burgess also spoke up against the bill, saying, “The initiative is part of the constitutional power of the people. We believe it’s fundamental to our system of democracy, and it’s an ultimate protection of our system of government. Is that convenient? Not always. But we don’t think that democracy is always necessarily convenient." She concluded, "What if the issue is ultimately deemed illegal or improper. We believe that is not for the attorney general to determine. We believe that is for the Texas court system to determine.”[4]
Todd Staples, president of the Texas Oil and Gas Association, which is one of the organizations that filed a lawsuit against Denton concerning the fracking ban, stated his approval of HB 540, saying, “It provides a necessary path to ensure locally adopted measures do not violate our constitution, a state statute or other state rule." He concluded, “We think that (HB) 540 establishes a procedure where an impartial and knowledgeable party will review the measure. It creates checks and balances for how local laws are made when they are petitioned from the public and by the public.”[4]
See also
- Laws governing ballot measures in Alabama
- Laws governing the initiative process in Maine
- Laws governing local ballot measures in Texas
- Changes in 2015 to laws governing ballot measures
- Ballot measure law
- Previous Ballot Law Updates
Footnotes
- ↑ LegiScan, "Wyoming Senate Bill 49," accessed March 18, 2015
- ↑ Open States, "Alabama Senate Bill 73," accessed March 17, 2015
- ↑ Press Herald, "Legislative panel backs bill to restrict out-of-staters’ role in Maine petition drives," March 11, 2015
- ↑ 4.0 4.1 4.2 4.3 4.4 Austin Monitor, "House bill could restrict local voter initiatives," March 12, 2015
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