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Cities that allow direct legislation via ballot initiatives

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ArkansasCaliforniaColorado
ConnecticutDelawareFlorida
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IllinoisIndianaIowa
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MichiganMinnesotaMississippi
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NevadaNew Hampshire
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TennesseeTexasUtah
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Laws Governing Local Ballot Measures

State-by-State Laws
Alabama • Alaska • Arizona • Arkansas • California • Colorado • Connecticut • Delaware • Florida • Georgia • Hawaii • Idaho • Illinois • Indiana • Iowa • Kansas • Kentucky • Louisiana • Maine • Maryland • Massachusetts • Michigan • Minnesota • Mississippi • Missouri • Montana • Nebraska • Nevada • New Hampshire • New Jersey • New Mexico • New York • North Carolina • North Dakota • Ohio • Oklahoma • Oregon • Pennsylvania • Rhode Island • South Carolina • South Dakota • Tennessee • Texas • Utah • Vermont • Virginia • Washington • West Virginia • Wisconsin • Wyoming

Terms
InitiativeHome ruleGeneral law cityCharter cityPetitionInitiative petition circulation periodsCirculatorPaid circulatorVolunteer circulatorCirculator affidavitSignerValid signatureForged signatureFraudulent signatureInvalid signatureElectronic petition signatureLegislative alterationRegistered voter


This page displays the city I&R status of each of the 10-largest population cities in each state.

Summary of research

Ballotpedia has conducted extensive research on the availability of initiative at the local level across the 50 states. A Ballotpedia publication, Local Ballot Initiatives: How citizens change laws with clipboards, conversations, and campaigns, released in December 2012, identifies 48 states that allow some form of binding initiative and referendum at the local level.[1] The main project page explains the types, organization, and authority of local governments, and goes into great detail explaining the I&R and petitioning processes. From there, you can click on your state to get even more information, including the laws that govern the local ballot initiative process.

Below is a compilation of the information from each state's page regarding the initiative and referendum status of the top 10 most populated cities in the state. According to this research, completed in February 2013, 76% of these cities permit ballot initiatives. This represents 376 out of 492 analyzed. The total is not 500 due to the analysis in Hawaii being of the four counties, and in Rhode Island being of the 8 total cities. 65% of these cities operate under a charter. This represents 319 out of 492 analyzed.

Find your city in the list below, organized by state.

Alabama

See also: Laws governing local ballot measures in Alabama

Birmingham is the only one of the top 10 most populous cities in Alabama to have the powers of initiative and referendum.

Individual city provisions

Birmingham is the only one of the top ten most populous cities in Alabama to have the powers of initiative and referendum.

Birmingham

Population as of the July 2012 census update: 212,038.[2] Birmingham is a general law local government which operates under a Mayor-Council form of government.

Birmingham's state-given process for initiative can only be used to initiate a city ordinance. For a valid petition, signatures from 10 percent of the qualified electors of the city must be gathered with a petition having the layout and information required by law. After a petition is sufficient it goes to the council for approval. If the council members fail to adopt the petitioned ordinance exactly as petitioned within 20 days of the filing of a valid petition, the council must call for a special election or, if the next general election is within 20 days, add the ordinance to the general election ballot.

Alaska

See also: Laws governing local ballot measures in Alaska

7 of the 10 largest municipalities in Alaska are governed by a home rule charter. Charter municipalities may differ from the state statutes and set their own requirements for initiative. The information below comes from the specific city charter or code. Click on the citation links to read the full requirements for the initiative process. In addition, Alaska Statute 29.10.200 lists the limitation of home rule powers of charter municipalities.


Arizona

See also: Laws governing local ballot measures in Arizona

All cities and towns in Arizona are subject to state-mandated ordinance initiative and referendum procedures. Eight of the Top-10 largest cities in Arizona are charter cities are and therefore also subject to state-mandated procedures for charter amendment initiative and referendum.


Arkansas

See also: Laws governing local ballot measures in Arkansas

The top 10 most populated cities in Arkansas are general law cities which have initiative processes subject to the constitutional requirements detailed above. Most of the city codes do not contain additional initiative provisions. The few that have added clarifying local laws are provided below.


California

See also: Laws governing local ballot measures in California


Colorado

See also: Laws governing local ballot measures in Colorado

The top 10 most populated cities in Colorado are all governed under a home rule charter. Initiative is available for charter amendments under state law as detailed above. Charter cities must also allow initiative for ordinances under state law, but may differ from the general law requirements and set their own signature percentages, filing deadlines or additional requirements by charter. The provisions below come from the specific city charter or code. Click on the citation links to read the full requirements for the initiative process.



Connecticut

See also: Laws governing local ballot measures in Connecticut

No additional individual city provisions for initiative or referendum were found in the top 10 most populated cities beyond the limited process given by state law.

Delaware

See also: Laws governing local ballot measures in Delaware

None of the top 10 most populated cities have amended their charters to include initiative and referendum powers. See the initiative process availability section on the page above for a list of which cities in Delaware do have local ordinance initiative and referendum powers.

Florida

See also: Laws governing local ballot measures in Florida

These cities are all charter cities and subject to the state mandate for charter amendment by initiative and referendum; except Jacksonville which, as a consolidated city-county government, has its own charter amendment process as provided below. Cities may also authorize initiative for ordinances in their charter. 8 of the top 10 most populated cities have done so.



Georgia

See also: Laws governing local ballot measures in Georgia

Initiative is available for ordinances and charter amendments under state law as detailed above. Out of the top 10 most populated cities in Georgia, Augusta and Columbus are the only 2 that have individual initiative and referendum processes in their charters.



Hawaii

See also: Laws governing local ballot measures in Hawaii

An initiative process is available in all 4 counties for citizens to propose ordinances and charter amendments, including the consolidated city-county of Honolulu. The process requirements are set by the county's respective charter.



Idaho

See also: Laws governing local ballot measures in Idaho

Initiative is available in all of the top 10 most populated cities as required by state law, detailed above. The cities are expected to have clarifying initiative and referendum laws similar to those found in State Law above. Below are the individual city code for ordinance initiative and referendum as given partly by the state code and partly by individual city codes.



Illinois

See also: Laws governing local ballot measures in Illinois

Illinois law provides for an advisory (non-binding, no legal effect) initiative process on questions of public policy. A binding referendum is required on limited matters, such as tax levies and bonds (Chap 10 Election Code, Art. 28). Residents of home-rule counties and cities may change their form of government or revert to general law governance by initiative. While mostly formal, this process can have some effects on policy. For example, under the general law, city governments face greater restrictions on raising taxes. Thus, switching from home-rule to general law can help limit tax increases.[12][13]

There is no broad ordinance initiative process in any of Illinois' cities.[14]

Indiana

See also: Laws governing local ballot measures in Indiana

There are no local units of government in Indiana that make an initiative process available.

Iowa

See also: Laws governing local ballot measures in Iowa

Eight of the top 10 most populated cities in Iowa are general law cities and do not have initiative. Two, Cedar Rapids and Iowa City, are governed under a home rule charter. Initiative is available for charter amendments under state law. The Iowa City charter authorizes initiative for ordinances, Cedar Rapids does not.



Kansas

See also: Laws governing local ballot measures in Kansas

The top 10 most populated cities are all subject to the state set initiative process.



Kentucky

See also: Laws governing local ballot measures in Kentucky

Lexington is the only local government in Kentucky with an initiative process for local ballot measures.



Louisiana

See also: Laws governing local ballot measures in Louisiana

Below are the individual city processes for initiative and referendum.



Maine

See also: Laws governing local ballot measures in Maine

The top 10 most populated cities in Maine are all governed under a home rule charter. Initiative is available for charter amendments as detailed above. In addition, all 10 grant initiative for ordinances. The provisions below come from the specific city charter or code.



Maryland

See also: Laws governing local ballot measures in Maryland

The top 10 most populated cities are subject to the state-set initiative process for charter amendments detailed above.



Massachusetts

See also: Laws governing local ballot measures in Massachusetts

Initiative is available in 9 out of the top 10 most populated cities in Massachusetts. For home rule charter cities initiative is also available for charter amendments.



Michigan

See also: Laws governing local ballot measures in Michigan

The top 10 most populated cities in Michigan are governed under a home rule charter, as are all cities. Initiative is available for charter amendments as detailed above. In addition, the 10 cities below have all authorized initiative for ordinances. The provisions below come from the specific city charter or code. Click on the citation links to read the full requirements for the initiative process.



Minnesota

See also: Laws governing local ballot measures in Minnesota

Eight of the top 10 most populated cities in Minnesota are governed under a home rule charter. Initiative is available for charter amendments. In addition, six of those charters have enacted initiative for ordinances. The provisions below come from the specific city charter or code. Click on the citation links to read the full requirements for the initiative process. Sample petitions may be available from local election officials.


Mississippi

See also: Laws governing local ballot measures in Mississippi

No additional individual city provisions for initiative or referendum were found in the top 10 most populous cities beyond the charter amendment process given by state law.

Missouri

See also: Laws governing local ballot measures in Missouri

Eight of the top 10 most populated cities in Missouri are governed under a home rule charter. Initiative is available for charter amendments. Those eight have all also authorized initiative for ordinances. The provisions below come from the specific city charter or code. Click on the citation links to read the full requirements for the initiative process. Sample petitions may be available from local election officials.



Montana

See also: Laws governing local ballot measures in Montana

In Montana, all local governments must follow the initiative requirements.



Nebraska

See also: Laws governing local ballot measures in Nebraska

Omaha and Lincoln operate under a home rule charter, and thus may set their own requirements for initiative. The other eight cities are general law cities.



Nevada

See also: Laws governing local ballot measures in Nevada

Initiative is available in all of the top 10 most populated cities in Nevada.



New Hampshire

See also: Laws governing local ballot measures in New Hampshire

The top 10 most populated cities operate under a charter. Initiative is available for charter amendments. Cities may also authorize initiative and referendum for ordinances in the city charter. Two of the cities below, Nashua and Lebanon, have done so. Portsmouth grants a petition process that forces a council vote on the proposal, but it does not go to the ballot. Manchester grants a petition process which results in a non binding advisory referendum. The provisions below come from the individual city charter or code.



New Jersey

See also: Laws governing local ballot measures in New Jersey

Out of the top 10 most populated cities in New Jersey initiative is available in the eight that operate under the Optional Municipal Charter laws.



New Mexico

See also: Laws governing local ballot measures in New Mexico

Seven of the top 10 most populated cities in New Mexico are governed under a home rule charter. Charter amendment by initiative is required under state law, but charters may set the specific requirements. Charter cities may authorize initiative for ordinances, and five of the seven charter cities below have granted this power. The provisions below mostly come from the specific city charter or code. NM Stat. Section 3-1-5 governs petition requirements generally.



New York

See also: Laws governing local ballot measures in New York

The top 10 most populated cities in New York are all governed under a charter. Initiative is available for charter amendments. New Rochelle City is the only one to have additional provisions for ordinance initiative petitions in its city charter.


North Carolina

See also: Laws governing local ballot measures in North Carolina

All city charters may be amended by initiative regarding certain subject matters. In addition, some cities have initiative for ordinances granted by special acts of the state legislature.



North Dakota

See also: Laws governing local ballot measures in North Dakota

The top 10 most populated cities are all governed under a home rule charter. Charters may be amended by initiative, with some charters containing additional details such as petition form requirements. All charters below also authorize initiative for ordinances, as provided.



Ohio

See also: Laws governing local ballot measures in Ohio

Initiative is available in all of the top 10 most populated cities in Ohio.



Oklahoma

See also: Laws governing local ballot measures in Oklahoma

Initiative is available in all of the top 10 most populated cities in Oklahoma.



Oregon

See also: Laws governing local ballot measures in Oregon

The top 10 most populated cities in Oregon are all governed under a home rule charter. Initiative is available for ordinances and charter amendments. The initiative process for cities is generally governed by the Oregon Constitution Article IV, Section 1 and Oregon Revised Statutes Chap. 250. However, charter cities may differ from the statutes and set their own signature percentages, filing deadlines, or additional requirements. The requirements altered by the city charter or code are provided below. Charter cities must follow the state rules regarding form of petitions and pre-filing.



Pennsylvania

See also: Laws governing local ballot measures in Pennsylvania

Of the top 10 most populated cities in Pennsylvania, only two, Allentown and Scranton, have individual provisions for ordinance initiative beyond what is established in state law.


Rhode Island

See also: Laws governing local ballot measures in Rhode Island

Four of the eight cities in Rhode Island grant initiative for ordinances in their charter.



South Carolina

See also: Laws governing local ballot measures in South Carolina

The top 10 most populated cities are all subject to the state set initiative process.



South Dakota

See also: Laws governing local ballot measures in South Dakota

Initiative is available in all of the top 10 most populated cities in South Dakota.



Tennessee

See also: Laws governing local ballot measures in Tennessee

Initiative is available in five of the top 10 most populated cities. The provisions below come from the specific city charter and the requirements of Tennessee Code § 2-5-151.



Texas

See also: Laws governing local ballot measures in Texas

The top 10 most populated cities in Texas are all governed under a home rule charter. Initiative is available for charter amendments. Nine of the 10 allow initiative for ordinances (Arlington has not authorized ordinance initiative). The provisions below come from the specific city charter or code. TX Election Code Chapter 277 contains general provisions on petition signature validity.



Utah

See also: Laws governing local ballot measures in Utah

The top 10 most populated cities are all subject to the state set initiative process.

Vermont

See also: Laws governing local ballot measures in Vermont

Some cities, villages, and towns authorize initiative for ordinances in their respective municipal charters. Out of the top 10 most populous cities and villages in Vermont, individual provisions for initiative of ordinances were only found in South Burlington, Essex Junction, and Winooski.



Virginia

See also: Laws governing local ballot measures in Virginia

Initiative is available in three of the top 10 most populated cities in Virginia.



Washington

See also: Laws governing local ballot measures in Washington

Initiative is available in the top 10 most populated cities in Washington. Six are first-class charter cities that have authorized initiative for ordinances by charter. The other four are code cities which have opted to permit the initiative process as provided by statute.



West Virginia

See also: Laws governing local ballot measures in West Virginia

The top 10 most populated cities in West Virginia are all governed under a charter. Initiative is available for charter amendments. In addition, five of the cities below have authorized initiative for ordinances. Provisions below come from the specific city charter. Click on the links to view the full initiative requirements.



Wisconsin

See also: Laws governing local ballot measures in Wisconsin

The top 10 most populated cities are all subject to the state set initiative process.

Wyoming

See also: Laws governing local ballot measures in Wyoming

There are no local units of government in Wyoming that make the initiative process available.

See also

External links

Footnotes

  1. The exceptions are Indiana and Wyoming. Wyoming does allow some cities to adopt local I&R, but no Wyoming cities had done so, as of September 2012.
  2. 2.000 2.001 2.002 2.003 2.004 2.005 2.006 2.007 2.008 2.009 2.010 2.011 2.012 2.013 2.014 2.015 2.016 2.017 2.018 2.019 2.020 2.021 2.022 2.023 2.024 2.025 2.026 2.027 2.028 2.029 2.030 2.031 2.032 2.033 2.034 2.035 2.036 2.037 2.038 2.039 2.040 2.041 2.042 2.043 2.044 2.045 2.046 2.047 2.048 2.049 2.050 2.051 2.052 2.053 2.054 2.055 2.056 2.057 2.058 2.059 2.060 2.061 2.062 2.063 2.064 2.065 2.066 2.067 2.068 2.069 2.070 2.071 2.072 2.073 2.074 2.075 2.076 2.077 2.078 2.079 2.080 2.081 2.082 2.083 2.084 2.085 2.086 2.087 2.088 2.089 2.090 2.091 2.092 2.093 2.094 2.095 2.096 2.097 2.098 2.099 2.100 2.101 2.102 2.103 2.104 2.105 2.106 2.107 2.108 2.109 2.110 2.111 2.112 2.113 2.114 2.115 2.116 2.117 2.118 2.119 2.120 2.121 2.122 2.123 2.124 2.125 2.126 2.127 2.128 2.129 2.130 2.131 2.132 2.133 2.134 2.135 2.136 2.137 2.138 2.139 2.140 2.141 2.142 2.143 2.144 2.145 2.146 2.147 2.148 2.149 2.150 2.151 2.152 2.153 2.154 2.155 2.156 2.157 2.158 2.159 2.160 2.161 2.162 2.163 2.164 2.165 2.166 2.167 2.168 2.169 2.170 2.171 2.172 2.173 2.174 2.175 2.176 2.177 2.178 2.179 2.180 2.181 2.182 2.183 2.184 2.185 2.186 2.187 2.188 2.189 2.190 2.191 2.192 2.193 2.194 2.195 2.196 2.197 2.198 2.199 2.200 2.201 2.202 2.203 2.204 2.205 2.206 2.207 2.208 2.209 2.210 2.211 2.212 2.213 2.214 2.215 2.216 2.217 2.218 2.219 2.220 2.221 2.222 2.223 2.224 2.225 2.226 2.227 2.228 2.229 2.230 2.231 2.232 2.233 2.234 2.235 2.236 2.237 2.238 2.239 2.240 2.241 2.242 2.243 2.244 2.245 2.246 2.247 2.248 2.249 2.250 2.251 2.252 2.253 2.254 2.255 2.256 2.257 2.258 2.259 2.260 2.261 2.262 2.263 2.264 2.265 2.266 2.267 2.268 2.269 2.270 2.271 2.272 2.273 2.274 2.275 2.276 2.277 2.278 2.279 2.280 2.281 2.282 2.283 2.284 2.285 2.286 2.287 2.288 2.289 2.290 2.291 2.292 2.293 2.294 2.295 2.296 2.297 2.298 2.299 2.300 2.301 2.302 2.303 2.304 2.305 2.306 2.307 2.308 2.309 2.310 2.311 2.312 2.313 2.314 2.315 2.316 2.317 2.318 2.319 2.320 2.321 2.322 2.323 2.324 2.325 2.326 2.327 2.328 2.329 2.330 2.331 2.332 2.333 2.334 2.335 2.336 2.337 2.338 2.339 2.340 2.341 2.342 2.343 , "Annual Estimates of the Resident Population for Incorporated Places in Alabama: April 1, 2010 to July 1, 2019", accessed December 8, 2021 Cite error: Invalid <ref> tag; 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  3. Link to Jacksonville Charter
  4. Link to Miami Charter
  5. Link to Tampa Charter
  6. Link to St. Petersburg Charter
  7. Link to Orlando Charter
  8. Link to Hialeah Charter
  9. Link to Fort Lauderdale Charter
  10. Link to Port St. Lucie
  11. Link to Pembroke Pines Charter
  12. Illinois Constitution, Article VII, Section 6, accessed October 19, 2012
  13. Mount Vernon Register-News, "Chamber supports keeping Home Rule," October 19, 2012 (dead link)
  14. Ballotpedia: Types and #'s of local government by state
  15. Iowa Demographics, "Iowa Cities by Population," accessed August 17, 2016
  16. 16.0 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 US Census "City and Town Population Totals: 2010-2019"
  17. Worcester city code
  18. Quincy city code
  19. Lynn city code
  20. 20.0 20.1 20.2 Cite error: Invalid <ref> tag; no text was provided for refs named questions
  21. 21.0 21.1 Municode.com, "Columbus city charter," accessed February 23, 2015
  22. Municode, "Ordinance No. 1748-2014," accessed February 23, 2015
  23. Cleveland City Charter, Sec. 7.49-62
  24. U.S. Census Bureau, "State and County QuickFacts: Toledo," accessed August 4, 2014.
  25. Toledo City Charter
  26. Akron city charter
  27. Dayton city charter
  28. Canton city charter