Fees to file state ballot initiatives
An initiative filing fee is a fee that a sponsor of an initiative or referendum must pay when submitting a proposed ballot initiative to elections officials.
Of the 26 states that provide for statewide citizen-initiated ballot measures, four states require a filing fee.
Requirements by state
| State | Initiative filing fee | Law |
|---|---|---|
| California | $2,000.00 | California Elections Code, Sec. 9001 |
| Montana | $3,700.00 | Montana Statutes, Title 13, Chapter 27 |
| Washington | $156.00 | Revised Code of Washington 29A.72.010 |
| Wyoming | $1,000.00 | Wyoming Statutes 22-24-302 |
California
Initiative proponents must submit a $2,000 fee with each initiative filing to the Attorney General. The deposit is refundable if the initiative qualifies for the ballot.[1]
Montana
Senate Bill 92, signed into law on May 19, 2023, established an initiative filing fee of $3,700. The nonrefundable filing fee is due to the secretary of state at the time of filing. The secretary of state's office keeps $700 and must distribute $2,000 to the legislative services division and $1,000 to the Department of Justice.[2]
Proponents may seek a waiver from the fee if they demonstrate a "financial inability to pay without substantial hardship", according to secretary of state rules. If proponents are granted a waiver from the fee, but later financial disclosures show financial ability to pay the fee, the proponent must pay the fee, and if the fee is not paid, a penalty of up to three times the fee amount may be assessed.[2]
Washington
Proponents must submit a filing fee along with an initiative filing to the Washington Secretary of State. In 2024, Secretary of State Steve Hobbs (D) changed the filing fee from $5.00 to $156.00 and indexed to inflation. The change to the filing fee was the first since 1913.[3][4][5]
Wyoming
Initiative proponents must submit an application for an initiative along with a $1,000 filing fee to the secretary of state. The fee is deposited in the state general fund.[6]
Legislation
The following is a list of bills passed, beginning in 2016, related to signature distribution requirements for ballot measures.
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]
Arguments
The following is a list of claims and arguments about signature distribution requirements for citizen-initiated ballot measures.
Support
Below is a selection of claims and arguments that have been made in support of signature distribution requirements for ballot initiatives.
Claim: Filing fees are necessary to cover the costs of the initiative process
- Sen. Mike Cuffe (R-1), the legislative sponsor of Montana Senate Bill 93, which created a filing fee for initiatives in Montana, said, "There’s a cost to doing these" — referring to administrative and legislative costs — "that’s what the fee is about. It covers the low end of average costs."[8]
Oppose
Below is a selection of claims and arguments that have been made in opposition to signature distribution requirements for ballot initiatives.
Claim: Initiative filing fees are a barrier for citizens to be involved in the initiative process
- Sen. Brad Molnar (R-28), who voted against Montana Senate Bill 93, said, "Herein lies the problem, we are treating lobbyists every day to thousands of dollars’ worth of resources for them to have their say. For a person in Montana who has the constitutional right to ask a question of the elected, to have to $3,700 is a poll tax."[9]
See also
Footnotes
- ↑ California Attorney General, "Ballot Initiatives," accessed October 4, 2023
- ↑ 2.0 2.1 Montana State Legislature, "Senate Bill 93," accessed October 4, 2023
- ↑ Washington Code, "RCW 43.07.120," accessed October 4, 2023
- ↑ Washington Secretary of State, "How to Sponsor an Initiative," accessed October 4, 2023
- ↑ Washington Secretary of State, "Initiative filing fee change to take effect March 9," March 8, 2024
- ↑ Wyoming Secretary of State, "INITIATIVE PROCESS INFORMATION," accessed October 4, 2023
- ↑ Montana State Legislature, "Senate Bill 93," accessed May 24, 2023
- ↑ Helena Independent Record, "Senate approves $3,700 price tag for citizen ballot measures," February 23, 2023
- ↑ Cite error: Invalid
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