Initiative: citizens propose a law and put it to a vote

An initiative is a process that lets citizens propose a statute or constitutional amendment and, by gathering enough valid signatures, place it on the ballot or before the legislature. The National Conference of State Legislatures (NCSL) reports that 24 U.S. states, the District of Columbia, and the U.S. Virgin Islands have an initiative process. Switzerland’s federal popular initiative requires 100,000 signatures collected within 18 months.

Definition

NCSL distinguishes two forms:⁠¹

• Direct initiative: “proposed measures that qualify go directly on the ballot.”
• Indirect initiative: “the proposal is submitted to the legislature” first, and goes to voters only under conditions set by state law.

Initiatives may propose statutes, constitutional amendments, or both, depending on the state. The site’s Participation between elections chapter defines the popular initiative as “a process in which citizens propose a measure and, with enough signatures, place it on the ballot.”

Origin and history

NCSL states that “the first state to adopt the initiative was South Dakota in 1898”.⁠¹ Today “a total of 24 states, the District of Columbia and the U.S. Virgin Islands have an initiative process”;⁠¹ the remaining states do not.

Switzerland offers a national comparison. The Swiss Federal Department of Foreign Affairs explains that for a federal popular initiative to amend the constitution, “the signatures of 100,000 voters who support the proposal must be collected within 18 months”.⁠² The International IDEA database, citing the Swiss Federal Constitution, notes that the Federal Assembly declares an initiative invalid in whole or in part if it fails formal or subject-matter consistency requirements or violates mandatory international law.⁠³ Swiss voters “are called on approximately four times a year to vote on an average of fifteen such issues”.⁠²

How initiatives work and are assessed

An initiative moves from drafting, through signature collection within a deadline and verification of those signatures, to a vote. Each state sets its own thresholds, deadlines, and review steps, which is why the same idea can be easy to qualify in one state and hard in another.

Arguments for the initiative:

• It gives voters a way to act when legislators will not, including on reforms that affect legislators themselves.
• It can raise civic engagement and agenda control for citizens.

Arguments against:

• Gathering signatures at scale is expensive, so organized and funded groups dominate which questions reach the ballot.
• Voters face complex texts with no chance to amend them, unlike legislators.
• Majorities can vote on minority rights, which raises the concern discussed in Representation.

Both sides can point to cases that support their view, and the answer depends heavily on design: signature thresholds, review of texts, the indirect option, and limits on subject matter.

Hypothetical example. A group drafts a statutory initiative to require that city budgets be published online in a searchable format. Under an indirect initiative process, the qualified petition goes first to the legislature, which can enact it, amend and enact a version, or decline, in which case the original goes to voters. Under a direct process, the same text goes straight to the ballot, and no legislator can propose a compromise.

Common confusions and neighboring terms

• Initiative vs. referendum. An initiative starts with citizens proposing new law; a popular referendum lets voters approve or repeal an act the legislature already passed.
• Initiative vs. petition. Any petition asks; an initiative petition, once it meets legal requirements, triggers a vote.
• Initiative vs. ballot measure. A qualified initiative becomes one kind of ballot measure.
• Initiative vs. proposal. Every initiative is a proposal; most proposals never become initiatives.

How My Vote Forward uses the term

My Vote Forward uses “initiative” only for the legal process. A proposal shown in the framework carries its status, so readers can see whether it is a circulating initiative, a qualified ballot item, or neither. The framework does not collect official signatures, and nothing done on the site or demo counts toward qualifying any measure. See Proposals.

Unresolved questions

• Should initiative processes include a deliberative step, such as a citizens’ panel review of each measure, before the vote?
• How can signature thresholds be set so that the process is open without being dominated by paid collection?
• Should initiatives affecting rights face higher thresholds or subject-matter limits?