Massachusetts is the only state to have such a requirement for initiated constitutional amendments. Congress may pass federal laws regulating congressional elections that automatically displace (preempt) any contrary state statutes, or enact its own regulations concerning those aspects of elections that states may not have addressed. Moreover, the Court held that a state law may transfer power to regulate congressional elections away from the legislature to other entities such as executive branch officials or independent commissions. Get the National Constitution Centers weekly roundup of constitutional news and debate. The U.S. Supreme Court has recognized that the Elections Clause is unique in how it structures the relationship between the states and the federal government, and these differences extend beyond the Clauses focus on federal elections. To suspend the enactment of the targeted law until the election, the requirement was 53,492 valid signatures. The Supreme Court has construed the term Legislature extremely broadly to include any entity or procedure that a states constitution permits to exercise lawmaking power. Whether with intent, by oversight, or for some other reason, the drafters of [the constitutional signature distribution requirement] wrote a ballot initiative process that cannot work in a world where Mississippi has fewer than five representatives in Congress. They sought a method to counter thisa way in which average persons could become directly involved in the political process. 23 states allow for citizens to initiate popular referendums, and one territory, the U.S. Virgin Islands. On occasion, Congress has exercised its power to make or alter rules concerning congressional elections, and some of its laws lie at the very heart of the modern electoral process. Healthy Democracy, and a similar organization in Washington State, proposed a Citizens' Initiative Review process. Many Progressives believed that state legislatures were part of this problem and that they were essentially "in the pocket" of certain wealthy interests. 
The Progressive Era was a period marked by reforms aimed at breaking the concentrated power, or monopoly, of certain corporations and trusts. "[1] The following states have initiative and/or veto referendum processes at the statewide level: Click on the links below to read about signature requirements and deadlines for ballot initiatives in each state. States can, however, impose reasonable ballot access restrictions that a candidate must fulfill in order to appear on the ballot, such as submitting a petition signed by a certain number of registered voters. The Elections Clause is the primary source of constitutional authority to regulate elections for the U.S. House of Representatives and U.S. Senate. Additionally, it requires that no more than 20% of the signatures required to place an initiative on the ballot come from any single congressional (i.e., U.S. House) district. The Elections Clause gives the states and the federal government concurrent jurisdiction over congressional elections, granting states the power to set the Times, Places, and Manner of these elections, and delegating to Congress the authority to alter state regulations or make its own. [19] Yet another criticism is that as the number of required signatures has risen in tandem with populations, "initiatives have moved away from empowering the average citizen" and toward becoming a tool for well-heeled special interests to advance their agendas. Most people with enough knowledge about, and interest in, redistricting to work with redistricting commissions are highly likely to have some sort of partisan preferences. It is a form of direct democracy. In Arizona v. Inter Tribal Council of Arizona (2013), the Supreme Court described Congresss power to regulate federal elections as paramount, noting that it may be exercised at any time, and to any extent which [Congress] deems expedient. By giving Congress the ability to veto state regulations or construct its own laws, the Framers created a safeguard against the states potential abuse of their authority to regulate federal elections. Statutory initiatives typically require fewer signatures to qualify to be placed on a future ballot.). A few states have chosen to transfer power to draw congressional district lines from their respective legislatures to non-partisan or bipartisan independent redistricting commissions. These states believe that such commissions can make the electoral process more fair by preventing voters from being divided into congressional districts in ways that unduly protect existing officeholders (gerrymandering). A majority of the modern Supreme Court, however, does not trust institutional state legislatures to oversee the electoral process. Federal law, which sets Election Day for House and Senate races, preempted the Louisiana law because the state law determined the winners from the results of the primary election, which was held on a date different from the federally mandated Election Day. Check out our classroom resources organized by each article or amendment, and by key constitutional questions. 
In Massachusetts, if enough signatures are submitted for an initiated constitutional amendment, the initiative first goes to the legislature where it must garner approval in two successive legislative sessions from one-quarter of state senators and representatives voting together in a joint session. The Constitution also specifies age, residency, and citizenship requirements to run for the House or Senate. 3) or the cause of the day (this is about energy independence and renewable resources, Props. The Framers of the Constitution were concerned that states might establish unfair election procedures or attempt to undermine the national government by refusing to hold elections for Congress. The details of the process vary by state. In many U.S. states, ballot measures may originate by several different processes:[2] Overall, 26 US states have initiative and/or veto referendum processes at the statewide level, and all states have at least one form of legislatively referred processes: 49 states have at least a legislatively referred process to amend their constitutions, and one state, Delaware, has a possibility of legislatively referred ballot measures to pass new statutes only. Neither Congress nor the states may attempt to dictate electoral outcomes, or favor or disfavor certain classes of candidates. The Mississippi State Legislature considered a constitutional amendment to create a new initiative process, but it was not passed before the legislature adjourned the 2022 legislative session on April 5, 2022. [15][16][17], Other criticisms are that competing initiatives with conflicting provisions can create legal difficulties when both pass;[18] and that when the initiatives are proposed before the end of the legislative session, the legislature can make statutory changes that weaken the case for passing the initiative. Deciding where to divide towns, what communities of interest must be maintained together, and which characteristics of a population are most salient in crafting districts are fundamentally political questions for which objective right answers do not exist. Likewise, the Fourteenth Amendment to the U.S. Constitution protects the fundamental right to vote, barring states from needlessly imposing substantial burdens on the right. Both legislatures and Congress are comprised of partisan elected representatives who might be tempted to tweak the rules to aid their political allies, rather than promoting the public interest. The technical name of these types of votes used internationally is referendum, but within the United States they are commonly known as ballot measures, propositions or ballot questions. An initiative is a means through which any citizen or organization may gather a predetermined number of signatures to qualify a measure to be placed on a ballot, and to be voted upon in a future election (These may be further divided into constitutional amendments and statutory initiatives. Instead, Congress assumes that state law is presumptively valid and will govern the nuts and bolts of federal elections. Generally, all 24 states and the District of Columbia follow steps similar to: Indirect initiated state constitutional amendment, Jameson, P.K. Washington, D.C., also has initiative and veto referendum processes. Signature requirements and deadlines by state, Changes to laws governing the initiative process. Rather, the term refers to any lawmaking process authorized by a states constitution, including public referenda and initiatives, in which members of the public vote directly to enact a statute. 
If it's a tough sell on the facts, give it a sympathetic face and name such as "Marsy's Law" (Prop. [30], Some proposed reforms include paying signature gatherers by the hour, rather than by the signature (to reduce incentives for fraud) and increasing transparency by requiring major financial backers of initiatives to be disclosed to potential signatories. It has established a single national Election Day for congressional elections, and mandated that states with multiple Representatives in the U.S. House divide themselves into congressional districts, rather than electing all of their Representatives at-large. In the majority decision, Justice Josiah Coleman wrote, "Whether with intent, by oversight, or for some other reason, the drafters of section 273(3) wrote a ballot-initiative process that cannot work in a world where Mississippi has fewer than five representatives in Congress. Laws requiring people to register to vote in advance of elections or mandating that they vote at their assigned polling places are exactly the types of restrictions that the Elections Clause permits. Here is a round-up of the latest from the Battle for the Constitution: a special project on the constitutional debates in American, In this Fun Friday session, Jamelle BouieNew York Times columnist and political analyst for CBS News covering campaigns,. The Supreme Court has explained that the Elections Clause also imposes implicit restrictions on the power to regulate congressional elections. but only so far as Congress declines to pre-empt state legislative choices . [12] With the exception of Delaware, 49 US states allow legislatively referred state constitutional amendments. An automatic referral is question that is legally required to automatically be placed on the ballot. Battle for the Constitution: Week of March 29th, 2021 Roundup, Scholar Exchange: Voting Rights Amendments with Jamelle Bouie. The chart does not differentiate between different types of initiated statute or initiated amendment, such as between direct or indirect initiatives. These holdings, while well-intentioned, are flatly wrong and directly contradict the plain meaning of the Elections Clause. (1996) ", History of direct democracy in the United States, "State by state listing of where they are used", "States with initiative or referendum - Ballotpedia", Citizen Initiative in Florida: An Analysis of Florida's Constitutional Initiative Process, Issues, and Statutory Initiative Alternatives, "Constitutional Initiative in Mississippi: A Citizen's Guide", "Mississippi Supreme Court overturns voter-approved medical marijuana initiative", "Legislatively referred constitutional amendment", "Was the Price Too High for Colorado Initiative Deal? Moreover, redistricting is not a science that can be conducted according to abstract principles. Whenever a state enacts a law relating to a congressional election, it is exercising power under the Elections Clause; states do not have any inherent authority to enact such measures. As this summary shows, congressional elections are conducted under a complicated mix of state and federal laws, reflecting the Elections Clauses division of authority between state legislatures and Congress. Initiatives can also be indirect, which means that after sufficient signatures to place a measure on the ballot are collected, the measure is first considered by a state or local legislative body. Initiatives and referendums, along with recall elections and popular primary elections, are signature reforms of the Progressive Era; they are written into several state constitutions, particularly in the West. The availability of the powers at the local level varies by jurisdiction depending on state and local laws. 
Individuals who satisfy those requirements cannot be prohibited from running for office for failing to satisfy other qualifications. The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators. 
Many states have laws in their constitution requiring a question to hold a constitutional convention to appear before the voters after a scheduled amount of time. Congress also has enacted statutes limiting the amount of money that people may contribute to candidates for Congress, requiring that people publicly disclose most election-related spending, mandating that voter registration forms be made available at various public offices, and requiring states to ensure the accuracy of their voter registration rolls. .png)
For example, in some states, another round of signatures is required to qualify an initiative for the ballot if the legislature does not approve it. 
On May 14, 2021, the Mississippi Supreme Court issued a 6-3 decision stating that it is impossible for any petition to meet the state's distribution requirement and has been impossible since congressional reapportionment in 2001. 
By drawing congressional district boundaries differently, enhancing or weakening measures to protect the integrity of the electoral process, changing the standards concerning vote counting, or modifying any of dozens of other rules concerning elections, it often is possible to systematically help candidates from one political party over the other. 4, parental notification on abortion). To work in todays reality, it will need amendingsomething that lies beyond the power of the Supreme Court. To work in todays reality, it will need amendingsomething that lies beyond the power of the Supreme Court." 
Initiatives and referendumscollectively known as "ballot measures," "propositions," or simply "questions"differ from most legislation passed by representative democracies; ordinarily, an elected legislative body develops and passes laws. [citation needed] Most states that permit the process require a 2/3 majority vote. 7 and 10). The Interactive Constitution is available as a free app on your mobile device. Different people reasonably can hold differing political views on these issues. 
[20] John Diaz wrote in an editorial for the San Francisco Chronicle in 2008:[21]. [22] To prevent such occurrences, initiatives are sometimes used to amend the state constitution and thus prevent the legislature from changing it without sending a referendum to the voters; however, this produces the problems of inflexibility mentioned above. The Court noted that the Elections Clause invests the States with responsibility for the mechanics of congressional elections, . 
In all of these states except Delaware, to modify the state constitution, at least one form of ballot measure is mandatory, under sometimes greatly different processes from state to state, either for directly voting on a proposed modification, or voting on a ballot measure for choosing to call or not for the election of a state convention charged of modifying the state constitution. 
This would allow the legislature to easily make uncontroversial changes.[23]. . Likewise, the term was used repeatedly throughout the debates over the Constitution to refer exclusively to an institutional legislature. Perhaps even greater is the number of such referendums that have been called by state legislatures or mandatory600 compared to 311 civic initiatives in 20002007. Other proposals include having a "cooling-off" period after an initiative qualifies, in which the legislature can make the initiative unnecessary by passing legislation acceptable to the initiative's sponsors. So-called independent commissions operate under a veneer of non-partisanship, which often means only that the participants partisan preferences remain hidden, far less susceptible to public scrutiny. At the time the indirect initiative process passed, Mississippi had five congressional districts, but the state lost one House seat in the reapportionment that followed the 2000 United States Census. Election Integrity and Voting Rights: Should We Rewrite the Rules? When a law specifies that a person must satisfy certain requirements or follow certain procedures in order to vote, a court must determine whether it is a reasonable regulation of the electoral process under the Elections Clause, or instead undermines the right to vote. The popular referendum was first introduced in the United States by South Dakota in 1898,[10] and first used in 1906 in Oregon, two years after the first initiative was used in 1904, also in Oregon. Signature requirements for ballot measures in Alaska, Signature requirements for ballot measures in Arizona, Signature requirements for ballot measures in Arkansas, Signature requirements for ballot measures in California, Signature requirements for ballot measures in Colorado, Signature requirements for ballot measures in Florida, Signature requirements for ballot measures in Idaho, Signature requirements for ballot measures in Illinois, Signature requirements for ballot measures in Maine, Signature requirements for ballot measures in Maryland, Signature requirements for ballot measures in Massachusetts, Signature requirements for ballot measures in Michigan, Signature requirements for ballot measures in Mississippi, Signature requirements for ballot measures in Missouri, Signature requirements for ballot measures in Montana, Signature requirements for ballot measures in Nebraska, Signature requirements for ballot measures in Nevada, Signature requirements for ballot measures in New Mexico, Signature requirements for ballot measures in North Dakota, Signature requirements for ballot measures in Ohio, Signature requirements for ballot measures in Oklahoma, Signature requirements for ballot measures in Oregon, Signature requirements for ballot measures in South Dakota, Signature requirements for ballot measures in Utah, Signature requirements for ballot measures in Washington, Signature requirements for ballot measures in Wyoming, Changes in 2009 to laws governing ballot measures, Changes in 2008 to laws governing ballot measures, Changes in 2007 to laws governing ballot measures, Changes in 2010 to laws governing ballot measures, Changes in 2011 to laws governing ballot measures, Changes in 2012 to laws governing ballot measures, Changes in 2013 to laws governing ballot measures, Changes in 2014 to laws governing ballot measures, Changes in 2016 to laws governing ballot measures, Changes in 2015 to laws governing ballot measures, Changes in 2017 to laws governing ballot measures, Changes to laws governing ballot measures, Changes in 2018 to laws governing ballot measures, Changes in 2019 to laws governing ballot measures, Changes in 2020 to laws governing ballot measures, Changes in 2021 to laws governing ballot measures, Changes in 2022 to laws governing ballot measures, States that allow initiated constitutional amendments, Chart of American states and their access to direct democracy, Laws governing citizen grand juries in Kansas, Laws governing citizen grand juries in Nevada, Laws governing citizen grand juries in North Dakota, Laws governing citizen grand juries in New Mexico, Laws governing citizen grand juries in Nebraska, Laws governing citizen grand juries in Oklahoma, Legislatively referred constitutional amendment, Initiatives to the Legislature (Washington), Redevelopment and Housing Authority Referendum (Virginia), https://ballotpedia.org/wiki/index.php?title=States_with_initiative_or_referendum&oldid=8750094, Pages using DynamicPageList parser function.
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