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Cure period for initiative signature petitions

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A cure period is a period of time for initiative proponents to collect additional signatures if they fall short of the required number when they submit signatures by an initial deadline.

Twenty-six (26) states have initiative and/or veto referendum processes at the statewide level. In these states, residents may collect a certain number of valid signatures to put a proposed state law or constitutional amendment on the ballot for voter approval or rejection.

Two states, Arkansas and Ohio, provide for a cure period to allow petitioners to collect additional signatures past the initial deadline if the signatures submitted fall short of the amount required.

HIGHLIGHTS
  • Ohio voters reject elimination of cure period: In 2023, Ohio voters rejected Issue 1, which would have eliminated the 10 day cure period.
  • Colorado repeals cure period: In 2021, the Colorado Legislature passed Senate Bill 250, which repealed the cure period for ballot initiatives.
  • Arkansas voters reject elimination of cure period: In 2019, Arkansas voters rejected Issue 3, which would have eliminated the cure period for initiative signature submissions.
  • Requirements by state

    Two states, Arkansas and Ohio, provide for cure periods allowing petitioners to collect additional signatures past the initial deadline if the signatures submitted fall short of the amount required.

    The following map provides information on cure periods:

    States with cure periods

    The following table outlines the cure periods:

    Signature cure period for ballot initiatives by state
    State Cure period Law
    Arkansas Petitioners have 30 days to collect supplementary signatures if enough submitted signatures are verified to put the petition at or above 75 percent of the required signatures Issue 2 (2014) and SB 821
    Ohio Petitioners have 10 days to collect supplementary signatures if the submitted signatures were insufficient Ohio Constitution, Article II, Section 1g

    Legislation

    The following is a list of bills passed, beginning in 2016, related to signature cure periods for ballot initiatives.

    2021

    • Colorado Senate Bill 250: The legislation enacted several changes to election policies in Colorado, including requiring circulators of recall petitions to have identification badges that state either "Volunteer Circulator" or "Paid Circulator", depending on whether the signature gatherer is paid or not; providing election officials 28 days, rather than 15 business days, to verify signatures for recall petitions; and requiring that a recall election for local and school officials be held at the same time as a general election if there is one within 120 days. The legislation also repealed the signature cure period for ballot initiatives.[1]

    2019

    • increased the signature distribution requirement for initiatives from requiring a certain number of signatures from 15 counties to a certain number of signatures from 45 counties;
    • changed the signature submission deadline from four months before the general election to January 15 of the election year;
    • eliminated the cure period for initiative signature submissions;
    • required legal challenges to ballot measure to be filed no later than April 15 of the election year; and
    • required a three-fifths vote, instead of a simple majority, of the Legislature to refer a proposed constitutional amendment to voters.

    Arguments

    Support

    • Mia Lewis, representing Common Cause Ohio, spoke in opposition to Ohio Issue 1, which would have eliminated the cure period in Ohio, increase the voter approval threshold for new constitutional amendments to 60%, and require citizen-initiated constitutional amendment campaigns to collect signatures from each of the state's 88 counties. She said, "These changes could permanently lock out grassroots groups since ONLY special interests would have the resources to collect in all 88 counties without the need for a cure period."[3]

    Oppose

    • State Sen. Rob McColley (R-1) and Rep. Brian Stewart (R-12) wrote the official argument in support of Ohio Issue 1, saying, "By restricting do-overs on signature submissions … special interests will have one chance to play by the rules when gathering signatures to place proposed amendments on the ballot."[4]

    See also

    Footnotes