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Electronic petition signature

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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
  • On May 13, 2020, the Arizona Supreme Court rejected a request made by four ballot initiative campaigns to allow them to gather signatures through E-Qual, which is the state’s online signature collection platform, during the coronavirus pandemic.[4]
  • On April 29, 2020, Massachusetts became the first state to allow campaigns to collect electronic signatures and remote signatures, specifically, the four active campaigns targeting the 2020 ballot.[5]
  • On April 13, 2020, Steven Liedel, legal counsel for Fair and Equal Michigan (supporters of the Michigan LGBTQ Nondiscrimination in State Civil Rights Law Initiative), said the campaign was transitioning to gathering electronic signatures due to the coronavirus pandemic. He said, "There's no requirement that it be a manual signature. (Or) that it be in ink or that a pen be used or that it be personally affixed to the petition paper. ... I've not had any indication that said it can't be done, from anyone in government."[6]
  • 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. DocumentIcon.jpg See law: Alaska Statutes, Sec. 15.45.110
    Arizona Arizona law does mandate that signatures be collected in person. DocumentIcon.jpg See law: Arizona Revised Statutes, Title 19, Ch. 1, Art. 2, 19-112
    Arkansas Arkansas law does mandate that signatures be collected in person. DocumentIcon.jpg See law: Arkansas Code, Title 7, Ch. 9-108
    California Court ruling in 2011 prohibited electronic signature collection in California. DocumentIcon.jpg See law: California Election Code, Section 100 and NI v. SLOCUM
    Colorado Colorado law does mandate that signatures be collected in person. DocumentIcon.jpg See law: Colorado Revised Statutes, Title 1, Article 40, Section 111
    Florida Florida law does not address electronic petition signatures. DocumentIcon.jpg See law: Florida Statutes, Title IX
    Idaho In Idaho, the Legislature passed a bill to prohibit electronic signatures for ballot initiative petitions in 2021 DocumentIcon.jpg 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." DocumentIcon.jpg 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. DocumentIcon.jpg 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. DocumentIcon.jpg See law: Code of Massachusetts Regulations, Title 950, Section 48.07
    Michigan Michigan law does mandate that signatures be collected in person. DocumentIcon.jpg See law: Michigan Compiled Laws, Chapter 168, Section 544c
    Mississippi Mississippi requires petition forms to be printed on paper. DocumentIcon.jpg 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. DocumentIcon.jpg 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 DocumentIcon.jpg See law: Montana Code Annotated, Title 13, Chapter 27 Sec. 103
    Nebraska Nebraska law does mandate that signatures be collected in person. DocumentIcon.jpg See law: Nebraska Revised Statutes, Chapter 32, Section 628 (3)
    Nevada Nevada law does mandate that signatures be collected in person. DocumentIcon.jpg See law: Nevada Revised Statutes, Chapter 295, Section 0575
    North Dakota North Dakota law does mandate that signatures be collected in person. DocumentIcon.jpg 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. DocumentIcon.jpg 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. DocumentIcon.jpg See law: Oklahoma Statutes, Title 34, Section 34-4
    Oregon Oregon law assumes that petitions will be printed on paper. DocumentIcon.jpg See law: Oregon Revised Statutes, Chapter 250.015
    South Dakota South Dakota does mandate that signatures be collected in person. DocumentIcon.jpg 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. DocumentIcon.jpg See law: Utah Code, Title 20A, Chapter 21, Section 201
    Washington Washington does mandate that petitions be printed on "paper of good writing quality." DocumentIcon.jpg 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. DocumentIcon.jpg 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

    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