Length of signature gathering periods for ballot initiatives
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(Redirected from Initiative petition circulation periods)
Known as a circulation period, the length of a signature-gathering period is the time frame during which signatures can be gathered to place an initiative on the ballot. States have various rules on how long a petition can be circulated.[1]
Of the 26 states that provide for statewide citizen-initiated ballot measures, signature collection periods range from 90 days to two years.
HIGHLIGHTS
Circulation periods by state
The following map shows information on initiative circulation periods across the United States.
The following table shows the maximum circulation periods for gathering signatures for initiative petitions in each state shown in days and months.
| State | Maximum days to circulate petitions | Months | Details |
|---|---|---|---|
| Oklahoma | 90 | 3 | Initiatives can be circulated for a maximum of 90 days; with signatures being due by 5:00 p.m. local time on the 90th day. State elections officials in Oklahoma recommend filing a proposed initiative during the first months of the year preceding the targeted election year due to the two periods during which challenges may be filed against an initiative. For example, to qualify an initiative for the November 2022 ballot, Oklahoma elections officials recommend filing the initiative proposal in the early months of 2021. For a measure to appear on the ballot, signatures must be submitted long enough in advance for the governor to issue an election proclamation, which must be issued and certified to the State Election Board at least 70 days prior to an election. |
| California | 180 | 6 | Signatures can be collected for 180 days after ballot language is set by the attorney general. |
| Colorado | 180 | 6 | Initiative signatures must be filed within six months from the date ballot language is set and no later than three months before the election date. |
| Michigan | 180 | 6 | In Michigan, petitioners have 180 days to collect the required signatures for an initiated statute or an initiated constitutional amendment. Signatures older than 180 days at the time of filing are considered invalid. In addition, any signatures collected before a November election where a governor is elected, cannot be submitted after that election. Amendment petitions must be filed 120 days prior to the election. Petitions for statutes must be filed 160 days prior to the election, allowing the legislators 40 days to pass the proposed law. |
| Alaska | 365 | 12 | Signatures due 365 days after petition booklets are issued and must be submitted before the beginning of the legislative session in January. |
| Maine | 365 | 12 | In Maine, signatures are valid for one year after the date they were signed. However, signatures may be collected up to 18 months after the petition form is furnished by the secretary of state. |
| Mississippi | 365 | 12 | Beginning with the day the sponsor receives the ballot title and summary, proponents have one year to circulate petitions and receive certification from the county circuit clerks. Verified signatures must be submitted to the secretary of state at least 90 days prior to the beginning of the regular session—which begins in the first week of January, thus, signatures must be filed with county elections officials in enough advance to allow them to be processed and verified. |
| Montana | 365 | 12 | Once proponents have received the official petition proof copy, they have a maximum of one year to circulate petitions and receive certification from county election officials. The county officials must submit each verified petition to the secretary of state by the final filing deadline, which comes on the third Friday of the fourth month prior to the election. Proponents must submit their petitions to county officials no sooner than nine months and no later than four weeks prior to the final filing deadline. Proponents may begin collecting signatures no earlier than one year prior to the final filing deadline. |
| North Dakota | 365 | 12 | Petitions can circulate for one year. Signatures must be submitted at least 120 days prior to the election |
| Missouri | 540 | 18 | In Missouri, petitioners may begin collecting signatures once the official ballot title has been certified. Initiatives can be filed with state officials to request an official ballot title immediately after a general election. Signatures must be filed with the secretary of state six months prior to the next biennial election, leaving a maximum of 18 months to circulate petitions. |
| Arizona | 730 | 24 | Signatures must be filed four months before the election in which the measure would appear on the ballot. |
| Florida | 730 | 24 | Signatures remain valid until February 1 in even-numbered years. Initiative signatures must be verified by February 1, and, thus, must be submitted to county officials long enough before that date to allow for the verification process. County supervisors of elections have a maximum of 30 days to verify signatures and submit them to the secretary of state, which means to guarantee that local officials verify and submit signatures, they should have been submitted by January 2. |
| Illinois | 540 | 18 | In Illinois, no signatures may be collected earlier than 24 months prior to the general election. Signatures must be filed with the secretary of state no later than six months prior to the general election, leaving 18 months for circulation. |
| Nebraska | 730 | 24 | Signatures are due four months before general election. |
| Oregon | 730 | 24 | Signatures are due four months before general election. |
| Idaho | 540 | 18 | Signatures may not be collected after April 30 of the year in which the measure would appear on the ballot. |
| South Dakota | 455[2] | 15 | Signatures are due by the first Tuesday in February of a general election year. |
| Washington | 300 | Variable: 6 or 10 | Initiatives to the People can be circulated from early January and are due in early/mid-July, leaving a circulation period of about 180 days or 6 months. Initiatives to the Legislature can be circulated from early March and are due at the end of December, leaving a circulation period of about 295 days, or, nearly 10 months. |
| Nevada | 302 | 9.7 to 9.9 | Petitions for indirect initiated state statutes can circulate from January 1 of the year preceding the next regular legislative session to 15 days after the general election, which ranges from November 17 to November 23. That's at most 296 days, excluding leap years. Petitions for initiated constitutional amendments can circulate from September 1 of the year preceding the election year to 15 days following the primary election (second Tuesday in June), which ranges from June 23 to June 29. That's at most 302 days, excluding leap years. |
| Utah | 316 | 10.4 | State law establishes a final signature deadline for direct initiated state statutes as either 316 days after the initial initiative application was filed or February 15 of the election year, whichever is earlier. Moreover, signature petition sheet packets for direct initiatives must be submitted to county clerks on a rolling basis no more than 30 days after the first signature is added to the packet. Signatures for indirect initiatives to be presented to the legislature must be submitted by November 15th before the next general legislative session. |
| Massachusetts | 116 | Variable: 2 or 4 | Signatures for initiated statutes in Massachusetts are collected in two circulation periods. The first period runs from the third Wednesday in September to two weeks prior to the first Wednesday in December. The legislature must act on the petition by the first Wednesday of May. If the proposed law is not adopted, petitioners then have until the first Wednesday of July to request additional petition forms and submit the second round of signatures, a period of 8 weeks. The signature deadline for initiated amendments is also the first Wednesday in December. Initiated amendments, however, do not require this second round of signatures, requiring a vote in two joint sessions of the legislature instead. Unlike with initiated statutes, one-quarter of the state legislature must approve the amendment in two joint sessions before it can be placed on the ballot. Since initiated constitutional amendments require approval by 25 percent of legislators in two sessions, initiated constitutional amendments go on the ballot a minimum of two years (and up to three years) after signatures are submitted. |
| Arkansas | 730 | 20 | Signatures must be submitted four months prior to the election at which the measure is to appear. Signatures for an initiative or referendum petition expire on the date of the next general election following certification of the ballot language. |
| Ohio | N/A | N/A | Signatures for initiated constitutional amendments are due at least 125 days prior to the general election. Signatures for initiated state statutes are collected and submitted in two rounds. The first round is due 10 days before the annual legislative session begins on the first Monday in January. The second round is due within 90 days following the passage of the legislature's four-month deadline to address the initiative. |
Legislation
The following is a list of bills passed, beginning in 2016, related to signature gathering period requirements for ballot measures.
2025
- Arkansas House Bill 1221: The bill provided that signatures for an initiative or referendum petition expire on the date of the next general election following certification of the ballot language; provide that certified ballot language expires on the date of the next general election.[3]
- South Dakota House Bill 1184: The bill moved the deadline to file petition signatures for ballot initiatives from the first Tuesday in May to the first Tuesday in February of a general election year.[4]
2023
- South Dakota Senate Bill 113: After the U.S. 8th Circuit Court of Appeals ruled in SD Voice v. Noem that South Dakota's initiative signature deadline of one year before the general election was unconstitutional, the Legislature passed SB 113. The bill changed the signature deadline to the first Tuesday in May of a general election year. This effectively changed the circulation period to a maximum of two years.[5]
2020
- Florida Senate Bill 1794: The legislation made several changes to the laws governing the initiative process in Florida, including making all signatures invalid after February 1 of even-numbered years each cycle instead of allowing signatures on a single petition to remain valid indefinitely on a rolling basis for a period of two years.[6]
2019
- Nevada Assembly Bill 345: The legislation changed the signature deadlines for citizen-initiated statutes and constitutional amendments. For indirect initiated state statutes, the signature deadline changed from the second Tuesday of November of an even-numbered year to 15 days following the general election. For initiated constitutional amendments, the signature deadline changed from the third Tuesday of June of an even-numbered year to 15 days following the primary election.
2016
- Michigan Senate Bill 776: This bill eliminated a state elections code provision that allowed initiative petitioners to prove signatures collected outside of the standard 180-day window are valid and use them to qualify initiatives for the ballot, thereby limiting the circulation window for initiatives strictly to 180 days.
Lawsuits
The following is a selection of case law and litigation about signature gathering periods.
2023
- SD Voice v. Noem: On February 17, 2023, the U.S. 8th Circuit Court of Appeals ruled that South Dakota's signature filing deadline for ballot initiatives violated freedom of speech under the First Amendment. The filing deadline required that signatures be submitted one year before an election. "South Dakota failed to provide evidence connecting the one-year deadline to its asserted interests," wrote Judge Steven Grasz.[7]
See also
Footnotes
- ↑ National Conference of State Legislatures, "Petition Circulation Petitions," accessed July 13, 2015
- ↑ The number is between 450 and 460 days, depending on the exact calendar dates in a given election cycle.
- ↑ Arkansas State Legislature, "HB 1221," accessed February 28, 2025
- ↑ South Dakota State Legislature, "House Bill 1184," accessed April 14, 2025
- ↑ South Dakota State Legislature, "Senate Bill 113," accessed March 23, 2023
- ↑ Florida State Senate, "Senate Bill 1794," accessed June 22, 2023
- ↑ United States Court of Appeals for the Eighth Circuit, "SD Voice v. Noem," February 17, 2023
