Lawmakers ask voters to decide initiative signature distribution requirements in 2020
Voters in at least two states—Arkansas and Montana—will decide ballot measures in 2020 that would change distribution requirements for future initiative signature petition drives. A distribution requirement is a rule that requires that petitions for a ballot measure must be signed by a minimum number or percent of voters from certain political subdivisions for the measure to qualify for the ballot.
If approved by voters Arkansas House Joint Resolution 1008 would amend the state constitution as follows:
- require that an initiative receive at least half of the required percentage of signatures from each of 45 counties (three-fifths of the state’s 75) instead of the current requirement of 15,
- require a three-fifths vote of both chambers of the legislature to refer a proposed constitutional amendment to voters,
- eliminate the current 30-day grace period for additional signature collection, and
- move the deadline for signature submission and legal challenges forward to earlier in an election year.
In Montana, two amendments will appear on the ballot that would not change the currently enforced distribution requirement. Rather, they would codify in the state constitution the distribution requirement that is currently in effect because of both a court ruling and an opinion by the state attorney general.
Currently, 17 of the 26 states with an initiative or veto referendum process have a distribution requirement. Of the 17 with a distribution requirement, nine are Republican trifectas, five have divided government, and three are Democratic trifectas. Of the nine states with initiative or referendum processes but without a distribution requirement, four are Republican trifectas, and five are Democratic trifectas.
In the 17 states which have distribution requirements for initiative petitions, the political jurisdiction upon which they are based varies. In seven states, the distribution requirement is spread out over a state's counties (Arkansas, Massachusetts, Maryland, Nebraska, New Mexico, Ohio, and Wyoming). In five states, it is calculated based on state legislative districts (Alaska, Colorado, Idaho, Montana, and Utah). The other five states with a distribution requirement are based on U.S. House districts (Florida, Michigan, Mississippi, Missouri, and Nevada). Washington, D.C., also has a distribution requirement based on city wards.
Michigan was the most recent state to enact new distribution requirements for initiatives, which were approved by the legislature and signed into law on December 28, 2018. The new legislation limits the number of signatures collected in any one congressional district to 15 percent of the total required. This effectively requires valid signatures from a minimum of seven different congressional districts for a successful initiative petition.
The Idaho State Legislature passed a pair of bills earlier this month to increase the state's initiative signature requirement and its distribution requirement, among other changes. Governor Brad Little (R) vetoed the bills, however, citing a fear that they would draw a lawsuit. Lawmakers in Arizona, Maine, and Missouri also considered or are considering enacting or changing distribution requirements during 2019 legislative sessions.
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