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Electronic petition signature
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.
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. | ![]() | |
Arizona | Arizona law does mandate that signatures be collected in person. | ![]() | |
Arkansas | Arkansas law does mandate that signatures be collected in person. | ![]() | |
California | Court ruling in 2011 prohibited electronic signature collection in California. | ![]() | |
Colorado | Colorado law does mandate that signatures be collected in person. | ![]() | |
Florida | Florida law does not address electronic petition signatures. | ![]() | |
Idaho | In Idaho, the Legislature passed a bill to prohibit electronic signatures for ballot initiative petitions in 2021 | ![]() | |
Illinois | Illinois does mandate that signatures be collected "in the presence of the petition circulator." | ![]() | |
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. | ![]() | |
Massachusetts | Massachusetts law does require petitioners to use state-provided petition forms. | ![]() | |
Michigan | Michigan law does mandate that signatures be collected in person. | ![]() | |
Mississippi | Mississippi requires petition forms to be printed on paper. | ![]() | |
Missouri | Missouri law does mandate that signatures be collected in person. | ![]() | |
Montana | Electronic signatures were prohibited under Montana Senate Bill 93, signed in 2023 | ![]() | |
Nebraska | Nebraska law does mandate that signatures be collected in person. | ![]() | |
Nevada | Nevada law does mandate that signatures be collected in person. | ![]() | |
North Dakota | North Dakota law does mandate that signatures be collected in person. | ![]() | |
Ohio | In 2006, Ohio banned electronic signatures by requiring signatures to be made and filed in ink. | ![]() | |
Oklahoma | Oklahoma law does mandate that petitions be printed on legal (8 1/2" x 14") paper. | ![]() | |
Oregon | Oregon law assumes that petitions will be printed on paper. | ![]() | |
South Dakota | South Dakota does mandate that signatures be collected in person. | ![]() | |
Utah | In Utah, initiative sponsors can choose to collect signatures manually or with an electronic device. | ![]() | |
Washington | Washington does mandate that petitions be printed on "paper of good writing quality." | ![]() | |
Wyoming | In Wyoming, petition sheets are prepared by the state and must be circulated in person. | ![]() |
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