Electronic petition signature
From Ballotpedia
An electronic petition signature is a signature that is electronically submitted, as opposed to a signature that is physically signed with ink on paper. Electronic signatures are different from remote signatures, where a petition could be printed out, signed physically, and returned via mail or email.
Electronic signature software may be used to gather electronic petition signatures. Using such software, individuals may electronically sign an initiative or referendum petition online from home or another location, or they may be required to electronically sign on a petition circulator's mobile device.[1][2]
For candidate nominating petitions, government websites may allow electronic signing through the submission of an ID number, such as a driver's license number.[3]
Electronic petition signatures can refer to signatures for initiative and referendum petitions as well as candidate nominating petitions. This page primarily covers information related to the use of electronic petition signatures for initiative and referendum petitions.
HIGHLIGHTS
Requirements by state
Since electronic signatures are an emerging technology, the constitutionality of bans on e-signatures and the legality of e-signatures in states without bans is largely untested.
- One state, Utah, provides for electronic signatures to be collected for citizen initiative petitions.
- Four states prohibit the collection of electronic signatures for citizen initiative petitions.
Other states may have laws requiring the signature gatherer to collect signatures in person, or have laws regarding the kind of paper the petitions must be printed on.
The following map provides information on electronic signature requirements:
State laws regarding electronic signatures for petitions
The following table outlines the laws regarding electronic signature collection for citizen initiatives in states that provide for them.
| Electronic petition signatures | |||
|---|---|---|---|
| State | Policy regarding electronic signature gathering | Law | |
| Alaska | Alaska law does mandate that signatures be collected in person. |  See law: Alaska Statutes, Sec. 15.45.110
| |
| Arizona | Arizona law does mandate that signatures be collected in person. | See law: Arizona Revised Statutes, Title 19, Ch. 1, Art. 2, 19-112
| |
| Arkansas | Arkansas law does mandate that signatures be collected in person. | See law: Arkansas Code, Title 7, Ch. 9-108
| |
| California | Court ruling in 2011 prohibited electronic signature collection in California. | See law: California Election Code, Section 100 and NI v. SLOCUM
| |
| Colorado | Colorado law does mandate that signatures be collected in person. | See law: Colorado Revised Statutes, Title 1, Article 40, Section 111
| |
| Florida | Florida law does not address electronic petition signatures. | See law: Florida Statutes, Title IX
| |
| Idaho | In Idaho, the Legislature passed a bill to prohibit electronic signatures for ballot initiative petitions in 2021 | See law: Idaho Statutes, Title 34, Chapter 18, Section 34-1807
| |
| Illinois | Illinois does mandate that signatures be collected "in the presence of the petition circulator." | See law: Illinois Compiled Statutes, 10 ILCS 5/28-3
| |
| Maine | Maine law does mandate that signatures be collected in the presence of the circulator and that signers "personally" place their name on the petition. | See law: Maine Constitution, Article IV, Part 3, Section 20 and Maine Revised Statutes, Title 21-A, Chapter 11, §902 and Chapter 5, §354
| |
| Massachusetts | Massachusetts law does require petitioners to use state-provided petition forms. | See law: Code of Massachusetts Regulations, Title 950, Section 48.07
| |
| Michigan | Michigan law does mandate that signatures be collected in person. | See law: Michigan Compiled Laws, Chapter 168, Section 544c
| |
| Mississippi | Mississippi requires petition forms to be printed on paper. | See law: Mississippi Constitution, Article XV, Section 273 and Mississippi Code, Title 23, Chapter 17, Section 17
| |
| Missouri | Missouri law does mandate that signatures be collected in person. | See law: Missouri Revised Statutes, Title IX, Chapter 116, Section 116.030
| |
| Montana | Electronic signatures were prohibited under Montana Senate Bill 93, signed in 2023 | See law: Montana Code Annotated, Title 13, Chapter 27 Sec. 103
| |
| Nebraska | Nebraska law does mandate that signatures be collected in person. | See law: Nebraska Revised Statutes, Chapter 32, Section 628 (3)
| |
| Nevada | Nevada law does mandate that signatures be collected in person. | See law: Nevada Revised Statutes, Chapter 295, Section 0575
| |
| North Dakota | North Dakota law does mandate that signatures be collected in person. | See law: North Dakota Constitution, Article III, Section 3
| |
| Ohio | In 2006, Ohio banned electronic signatures by requiring signatures to be made and filed in ink. | See law: Ohio Revised Code, Title XXXV, Chapter 3519.051
| |
| Oklahoma | Oklahoma law does mandate that petitions be printed on legal (8 1/2" x 14") paper. | See law: Oklahoma Statutes, Title 34, Section 34-4
| |
| Oregon | Oregon law assumes that petitions will be printed on paper. | See law: Oregon Revised Statutes, Chapter 250.015
| |
| South Dakota | South Dakota does mandate that signatures be collected in person. | See law: South Dakota Codified Laws, Title 2, Chapter 1, Section 7
| |
| Utah | In Utah, initiative sponsors can choose to collect signatures manually or with an electronic device. | See law: Utah Code, Title 20A, Chapter 21, Section 201
| |
| Washington | Washington does mandate that petitions be printed on "paper of good writing quality." | See law: Revised Code of Washington, Title 29A, Chapter 72, Section 100
| |
| Wyoming | In Wyoming, petition sheets are prepared by the state and must be circulated in person. | See law: Wyoming Statutes, Title 22, Chapter 24, Sections 312 and 409
| |
Legislation
The following is a list of bills passed, beginning in 2016, related to electronic signature gathering for citizen initiatives.
2023
- Montana Senate Bill 93: The legislation made multiple changes to the ballot initiative process, including establishing a $3,700 fee to file an initiative and prohibiting initiatives that are "substantially the same as a measure defeated... within the preceding 4 years." SB 93 also prohibited the use of electronic signatures for petitions.[7]
2022
- Utah House Bill 218: The bill made several changes to the ballot initiative process in Utah, including establishing a process for electronically collecting signatures, within the presence of a signature gatherer using an approved device.[8]
2021
- Idaho House Bill 290: The legislation prohibited electronic petition signatures, including for ballot initiatives, and stated that county clerks are responsible for verifying signatures.[9]
2020
- New Jersey Assembly Bill 4037: The legislation permitted the use of electronic signatures and submission methods for various types of petitions, including those related to candidates, recall efforts, initiatives, and referendums, during a declared COVID-19 emergency order.[10]
2019
- Oregon Senate Bill 761: The legislation allowed for people to print an official electronic petition, sign the petition, and deliver the petition to sponsors, provided that only the voter who prints an electronically available petition can sign that particular form.[11]
See also
Footnotes
- ↑ Boulder Weekly, "With few proven options, Boulder looks for path to online petition signature-gathering," April 4, 2019
- ↑ U.S. Election Assistance Commission, "Denver Elections Division - Connecting Customers to Data," accessed April 9, 2019
- ↑ Arizona Secretary of State, "E-Qual," accessed April 9, 2019
- ↑ SF Chronicle, "Arizona court rejects online initiative signature gathering," accessed May 13, 2020
- ↑ Lowell Sun, "Accord clears way for e-sigs on ballot questions," April 30, 2020
- ↑ MLive, "Group trying to put LGBT initiative on Michigan ballots turns to electronic signatures," April 13, 2020
- ↑ Montana State Legislature, "Senate Bill 93," accessed May 24, 2023
- ↑ Utah State Legislature, "House Bill 218," accessed June 14, 2023
- ↑ Idaho State Legislature, "House Bill 290," accessed June 20, 2023
- ↑ New Jersey State Legislature, "Assembly Bill 4037," accessed June 22, 2023
- ↑ Oregon State Legislature, "Senate Bill 761," accessed June 27, 2023
