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Initiative signature requirement changes caused by 2022 voter turnout

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Heading into 2023, signature requirements for citizen-initiated measures will change in 20 states. Turnout on November 8, 2022, caused signature requirements for citizen-initiated ballot measures to change in 17 states. An additional three states will change their requirements based on the number of registered voters. The average change was a 7.71% decrease. Changes ranged from a 28.84% decrease in Wyoming to a 7.70% increase in Arizona.

The number of signatures required for a citizen-initiated ballot measure is tied to another number, such as votes cast in an election. There are 26 states that allow for some form of statewide initiative or referendum.

HIGHLIGHTS
  • Arizona had the largest percent increase (+7.70%) in the number of signatures required. In Arizona, the signature requirement is based on votes cast in the preceding gubernatorial election.
  • Including Arizona, 13 states base their signature requirements on the number of votes cast in mid-term gubernatorial elections or another state executive election. The average change in these states was -1.72%, with a range of -12.99% in Maryland to 7.70% in Arizona.
  • Wyoming had the largest percent decrease (-28.84%) in the number of signatures required. In Wyoming, the signature requirement is based on turnout at the preceding general election, both presidential and mid-term elections.
  • Including Wyoming, four states base their signature requirements on turnout at the preceding general election. As turnout was lower in 2022 compared to 2020, the signature requirement decreased in each of these four states, from −28.84% in Wyoming to -23.00% in New Mexico.
  • California had the largest decrease in the raw number of signatures required, with the requirement for initiated constitutional amendments decreasing from 997,139 to 874,641.
  • Arizona had the largest increase in the raw number of signatures required, with the requirement for initiated constitutional amendments increasing from 356,467 to 383,923.
  • Laws governing signature requirements

    See also: Signature requirements for ballot measures

    The number of signatures required for a citizen-initiated ballot measure is tied to another number, such as votes cast in an election. There are 26 states that allow for some form of statewide initiative or referendum, and these states calculate signature requirements as follows:

    • 13 states base signature requirements on the number of votes cast in the preceding mid-term cycle gubernatorial election or another state executive election.
    • 4 states base requirements on the number of votes cast in the preceding presidential-cycle gubernatorial election or the presidential election.
    • 1 state, Mississippi, bases its requirement on the number of votes cast in the preceding odd-numbered year gubernatorial election.
    • 4 states base requirements on total turnout at a general election, both mid-term and presidential cycle elections.
    • 1 state, North Dakota, bases its requirement on the last decennial census.
    • 3 states base requirements on the number of registered or active voters on various dates.

    Changes to signature requirements

    The following graph illustrates changes to signature requirements following the election on November 8, 2022.

    Signatures based on mid-term cycle gubernatorial or another state executive election

    Twelve states base their signature requirements on the number of votes cast in mid-term gubernatorial elections. An additional state, Colorado, bases its requirement on the number of votes cast in the mid-term secretary of state election.

    State Pre-2022 Post-2022 Change (%)
    Constitutional Statute Constitutional Statute
    Arizona 356,467 237,645 383,923 255,949 +7.70%
    Arkansas 89,151 71,321 90,704 72,563 +1.74%
    California 997,139 623,212 874,641 546,651 -12.28%
    Colorado 124,632 124,632 124,238 124,238 -0.32%
    Illinois 363,813 N/A 328,371 N/A -9.74%
    Maine N/A 63,067 N/A 67,682 +7.32%
    Maryland N/A 69,135 N/A 60,157 -12.99%
    Massachusetts 80,239 93,613 74,490 86,905 -7.17%
    Michigan 425,059 340,047 446,198 356,958 +4.97%
    Oklahoma 177,958 94,911 172,993 92,263 -2.79%
    Ohio 442,958 265,774 413,488 248,092 -6.65%
    Oregon 149,360 112,020 156,231 117,173 +4.60%
    South Dakota 33,921 16,961 35,017 17,509 +3.23%

    Signatures based on general election turnout

    Four states base their signature requirements on the number of ballots cast in a general election, both presidential and mid-term election years.

    State Pre-2022 Post-2022 Change (%)
    Constitutional Statute Constitutional Statute
    Alaska N/A 36,140 N/A 26,705 -26.11%
    Nevada 135,561 135,561 102,362 102,362 -24.49%
    New Mexico N/A 92,823 N/A 71,475 -23.00%
    Wyoming N/A 41,776 N/A 29,730 -28.84%

    Signatures based on population or number of registered voters

    Four states base their signature requirements on the state's population or the number of registered or active voters.

    • In North Dakota, the signature requirement is based on the decennial census.
    • In Idaho, the requirement is based on the number of registered voters as of the last general election.
    • In Nebraska, the requirement is based on the number of registered voters when signatures are submitted.
    • In Utah, the requirement is based on the number of active voters as of January 1 following the general election.
    State Pre-2022 Post-2022 Change (%)
    Constitutional Statute Constitutional Statute
    Idaho N/A 64,945 N/A 60,371 -7.04%
    Nebraska N/A N/A N/A N/A N/A
    North Dakota 31,164 15,582 31,164 15,582 N/A
    Utah N/A 137,929 N/A 134,298 -3.78%

    Signatures based on presidential or other gubernatorial election

    Three states base their signature requirements on the number of votes cast in presidential-year gubernatorial elections. One state, Mississippi, bases its requirement on the number of votes cast in odd-numbered-year gubernatorial elections. In Florida, the signature requirement is based on presidential election votes in the state.

    As these requirements are based on elections that did not occur in 2022, the signature requirements did not change following the general election on November 8, 2022.

    State Pre-2022 Post-2022 Change (%)
    Constitutional Statute Constitutional Statute
    Florida 891,589 N/A 891,589 N/A N/A
    Mississippi 106,190 N/A 106,190 N/A N/A
    Missouri 171,592 107,246 171,592 107,246 N/A
    Montana 60,359 30,180 60,359 30,180 N/A
    Washington N/A 324,516 N/A 324,516 N/A

    Data

    See also

    Footnotes