Ballot law tracking (2018 - 2021)


1		Harder Policy changes that make the initiative or veto referendum process more difficult to use			Easier The corresponding policy change that makes the process easier	Neutral These policy changes do not necessarily make the initiative or veto referendum process harder or easier
2	The category	The change	Applicable to all or some initiative efforts?	An explanation of why and how the policy change makes the process harder	The change	The change

3	Number and distribution of signatures	More total signatures required	All	More total required signatures means more work for volunteers and/or more expensive paid petition drives. Moreover, if signature requirements are increased without increasing circulation window, the increase could have a disproportionate effect on the difficulty.	Fewer total signatures required
4		Distribution of signature gathering - more spread out	All	Example: 6% of registered voters in two-thirds of legislative districts instead of 6% in half of legislative districts. If you have to collect signatures in more districts/counties/cities there are more logistics, more travel time, etc. Moreover, it can prevent/reduce the concentration of signature gathering in large cities.	Distribution - less spread out
5		Distribution of signature gathering - more evenly spread	All	Example: 6% of registered voters in each required district instead of 3%. It's harder to collect a large number of signatures in small cities or rural areas than to collect a small number.	Distribution - less evenly spread
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7	Circulation windows	Shorter circulation period	All	It is harder and/or more expensive to collect the same number of signatures in a shorter time period.	longer circulation period
8		Signatures expire every cycle	All	If a petition drive doesn't quite meet the signature threshold by the deadline for a specific election year, but can continue to collect signatures to qualify for the following election year, that gives the effort a better chance of success than if it has to start over completely.	Signatures roll over into the next cycle
9		Cure period decreased/removed	All	Cure periods allow petition drives to supplement initial batches of submitted signatures, which means the sponsors don't have to give themselves as much of a cushion before the initial deadline.	Cure period increased/added
10		Cure period qualifications tightened/added	All	If it takes 75% of the requirement to qualify for the cure period instead of 60%, petition drives are less likely to qualify.	Cure period qualifications loosened/removed
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12	Initiative content restrictions (subject, format, etc)	Add/tighten single-subject rule	Some	While single-subject rules don't affect certain initiative efforts, it makes petition drives harder for some because (a) it can require multiple separate initiatives for certain policy changes instead of just one, (b) it increases the likelihood of successful litigation and makes it easier for courts or officials to reject the initiative, and (c) it requires more expertise or legal advice to successfully draft the legal text of an initiative.	Remove/loosen single-subject rule
13	Initiative content restrictions (subject, format, etc)	Add/tighten subject restrictions	Some	While subject restrictions don't affect certain initiatives efforts about policies unrelated to the restricted subject, they make it harder for some initiative efforts because (a) they actually eliminates the possibility of initiatives concerning a certain subject or (b) they make successful litigation blocking an initiative that is somewhat related to the restricted subject more likely.	Remove/loosen subject restrictions
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15	Circulator and petition form and content requirements and procedures	Prohibit/restrict out-of-state or out-of-jurisdiction circulators	All	These restrictions limit the availability of professional petition circulators and increase the likelihood of successful litigation to block an initiative effort	Allow/loosen out-of-state or out-of-jurisdiction circulator restrictions
16		Prohibit/restrict pay-per-signature	All	This restriction makes paid petition circulators more expensive since payment according to the number of signatures collected is the most efficient method of payment.	Allow/loosen pay-per-signature restrictions
17		Add circulator registration and training requirements	All	These restrictions increase the logistics and cost of petition drives and increase the likelihood of successful litigation to block an initiative.	Remove/reduce circulator registration requirements
18		Petition sheets divided/restricted by county or district	All	These restrictions add to the logistics and cost of petition drives, increase the likelihood of mistakes being made on petition sheets, and increase the likelihood of successful litigation to block an initiative.	Remove or reduce petition sheet division/restrictions by county or district
19		Reduce the number of signatures allowed per petition sheet	All	These restrictions add to the logistics and cost of petition drives, increase the likelihood of mistakes being made on petition sheets, and increase the likelihood of successful litigation to block an initiative.	Increase the number of signatures allowed per petition sheet
20		Add/tighten circulator petition sheet affidavit requirements	All	These restrictions add to the logistics and cost of petition drives, increase the likelihood of mistakes being made on petition sheets, and increase the likelihood of successful litigation to block an initiative.	Remove/loosen circulator petition sheet affidavit requirements
21		Add notary requirements for circulators	All	These restrictions add to the logistics and cost of petition drives, increase the likelihood of mistakes being made on petition sheets, and increase the likelihood of successful litigation to block an initiative.	Reduce/remove notary requirements for circulators
22		Require additional language to appear on the petition sheet (e.g., fiscal impact statements; names of donors; funding sources)	Some	Depending on the language required, this type of requirement affects some initiative petition drives more strongly than others. The information will off put some potential signers and it can be used by organized petition blocking campaigns.	Remove additional petition sheet language requirements
23		Add/tighten circulator activity requirements (e.g., reading petition language out loud, provide full text to each signer, swear that signers read and understood full text, etc)	All	These restrictions add to the logistics and cost of petition drives, increase the likelihood of mistakes being made on petition sheets, and increase the likelihood of successful litigation to block an initiative.	Remove/loosen circulator activity requirements (e.g., reading petition language out loud, provide full text to each signer, swear that signers read and understood full text, etc)
24		Add/tighten restrictions on who can circulate petitions (e.g., those with felony convicts)	All	These restrictions add to the logistics and cost of petition drives, increase the likelihood of mistakes being made on petition sheets, and increase the likelihood of successful litigation to block an initiative.	Remove/loosen restrictions on who can circulate petitions (e.g., those with felony convicts)
25		Add/tighten restrictions on petition sheet organization, numbering, and submission process	All	These restrictions add to the logistics and cost of petition drives, increase the likelihood of mistakes being made on petition sheets, and increase the likelihood of successful litigation to block an initiative.	Remove/loosen restrictions on petition sheet organization, numbering, and submission process
26		Require an official or a group of officials to vote in support of or opposition to the measure before it is circulated and require the results of that vote to be posted on petition sheets	Some	Having the official opposition of a group such as the legislative council or a legislative committee could sway some voters away from signing the petition	Having this requirement could make certain efforts supported by officials easier.
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28	Application and approval processes and ballot language author	Add legislative hearing requirements	Some	Legislative hearing requirements can be used by opponents of some initiatives to slow down or impede the process.	Remove/Loosen legislative hearing requirements
29		Officials write the ballot language after signatures are collected	Some	For some initiatives that could receive an unfavorable ballot language, not knowing the language before gathering signatures makes it impossible to adjust the legal text in response to the ballot language or file legal challenges of the ballot language before collecting signatures. It also makes it more difficult to find financial backers since it leaves a lot of uncertainty until after a substantial initial investment.	Language is made known earlier in the process.
30		Officials write a fiscal impact statement after the signatures are collected	Some	For some initiatives that could receive an unfavorable fiscal impact statements, not knowing the language before gathering signatures makes it impossible to adjust the legal text in response to the statement or file legal challenges of the statement before collecting signatures. It also makes it more difficult to find financial backers since it leaves a lot of uncertainty until after a substantial initial investment.	Fiscal impact statement is either not required or made known earlier in the process
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32	Election, voting/majority, and post-election activity requirements	Increase the size of vote required for a proposal to pass	All	It is more difficult and more expensive to win a larger percentage of the votes. Moreover, since the likelihood of the measure passing goes down, it also becomes harder to convince donors to back the effort from the beginning.	Decrease the size of vote required for a proposal to pass
33		Require that a ballot measure be approved in two sequential elections before it is regarded as having been approved	All	It is more difficult and more expensive to win two elections than one. It also gives opponents two chances to defeat the measure through organized opposition. Moreover, since the likelihood of the measure passing goes down and the overall cost goes up, it also becomes harder to convince donors to back the effort from the beginning.	Remove a requirement that a ballot measure be approved in two sequential elections
34		Allow the state legislature or other governing body to amend/adjust an initiative after it received voter approval	Some	This makes it more difficult to guarantee your policy change proposed through initiative stays in effect. In turn, this can make it more difficult to find financial backing.	Prohibit the state legislature or other governing body to amend/adjust an initiative after it received voter approval
35		Add double majority or other voter approval requirement	All	This makes the process more difficult for the same reason a supermajority requirement does, but usually to a lesser degree.	Remove double majority or other requirement
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37	Information requirements	Require that petition signers be disclosed on a government-sponsored website	All	Opponents can use this information to discourage signers, launch signature removal campaigns, or otherwise impede initiatives.		Requirements that arguments for and against the measure must be incorporated into official materials; how does this happen, who gets to prepare the arguments, what requirements apply to the state in terms of distributing this information
38		Require the publication of signature removal instructions	Some	Such requirements would give any organized petition blocking efforts a tool to help with a signature removal drive; only some initiatives face organized petition blocking efforts
39		Allow the public disclosure of those who signed a particular petition	All	Requiring more information from signers can make people less willing to sign petitions.		Addition or removal of requirements for election authorities regarding the distribution of voter guide style information about the ballot measures
40		Add/tighten requirements for how much information a voter must disclose when they sign the petition (birthdate, etc.)	All	Requiring more information from signers can make people less willing to sign petitions.	Remove/loosen requirements for how much information a voter must disclose when they sign the petition (birthdate, etc.)	Changes to requirements that apply to election officials about offering different language translations
41		Add/tighten requirements for a fiscal impact statement outlining the impact the measure will have on state or local gov'ts	Some	Depending on argument author requirements/restrictions, this could have a non-neutral impact. But that would depend on the specific proposal.
42		Add/tighten requirements for an economic impact statement assessing the impact the measure will have on the state's overall economy	Some	Depending on content and author requirements, this could have a non-neutral impact. But that depends on the specific proposal.
43		Add requirements on donor disclosure: where and when and how often	Some	Depending on popularity and name-recognition for top donors, this could have a non-neutral impact. But that depends on the specific proposal.
44		Election date restrictions	Some	Limiting initiatives to certain election dates guarantees a certain level of turnout and voter demographic, which can be helpful or harmful to an initiative effort depending on the specific proposal.	Remove election date restrictions
45		Remove election date restrictions	Some	Allowing state officials to determined the election date means they are free to put the measure on a ballot likely to see certain levels of turnout or voter demographics, which could be helpful or harmful to an initiative effort depending on the specific proposal.	Election date restrictions
46		Add/tighten requirements regarding disclosures by and appearances of sponsors (donors, signatures costs, appearance requirements at hearings for sponsors, etc)	Some	These requirements increase logistics, make mistakes more likely, and increase the likelihood of successful litigation to block the initiative effort.	Remove/loosen requirements regarding disclosures by and appearances of sponsors (donors, signatures costs, appearance requirements at hearings for sponsors, etc)
47		Add/tighten detailed requirements regarding the appearance, format, or structure of petitions/ballots	All	These requirements make mistakes more likely and increase the likelihood of successful litigation to block the initiative effort.	Remove/loosen detailed requirements regarding the appearance, format, or structure of petitions/ballots
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49	Donor/funding requirements	Add/tighten public disclosure requirements such as lower levels of donation triggering disclosure or requirements that the names of donors be listed on the petition	Some	These restrictions prevent or inhibit financial backing from certain entities to certain initiative efforts.	Remove/Loosen public donor disclosure requirements
50		Add/tighten restrictions on out-of-state donors	Some		Remove/Loosen restrictions on out-of-state donors
51		Add restrictions on campaign contributions during certain phases of the process, such as during signature gathering	Some		Remove/Loosen restrictions on campaign contributions overall
52		Prohibit contributions or involvement from foreign entities	Some