1. TLDR
1. Makes Citizen Initiatives (citizen-led ballot measures) a constitutional right in [State]
2. Stops politicians from blocking, delaying, or rewriting citizen-led laws, guaranteeing that once voters decide, their decision stands.
3. Sets clear, fair signature rules: 15% for amendments, 10% for statutory initiatives, 5% for referendums
4. Protects neutral ballot wording, no editing without permission
5. Keeps the simple majority rule for voters (just over 50%)
6. Ensure ballot measures are single subject and can include related ideas that work toward the same goal.
7. Makes it easier for people to gather and file petitions by opening participation to everyone and keeping costs low.
8. Legalize and launch a digital signature platform
2. Purpose
In 26 states, people can write laws directly through ballot measures. In the other 24, they can’t. This proposal creates a clear, fair, state constitutional right for every voter to do just that — no matter where they live.
It’s modeled on Arizona’s strong protections and makes sure the path from idea to ballot is open, protected, and controlled by the people, not politicians.
3. Background
Citizen initiatives began in the early 1900s as a way for voters to propose and pass laws when legislatures were unwilling to act—especially in response to corruption, monopolies, or political gridlock. Since then, they’ve become a powerful tool to advance issues that traditional politics often sideline.
For example:
-
Colorado’s Amendment 66 proposed a new tax structure to fund public education
-
California’s Proposition 1 funded affordable housing for veterans and people with mental illness
-
Arizona’s Proposition 207 legalized recreational cannabis, created a regulated market, and directed tax revenues toward public health and community college funding
These weren’t fringe ideas. They were broadly supported, often crossing party lines. And because of the ballot initiative process, they became law despite years of legislative inaction.
Arizona’s protections for the process itself, like sponsor-approved ballot language and limits on legislative interference, help make that possible. This proposal brings those same protections to more states, ensuring everyday people can lead when it matters most.
4. Proposed Solutions
Solution 1: Constitutional Right to Citizen-led Ballot Measure Process
-
All voting-aged citizens of [State] shall have the constitutional right to propose, circulate, and vote on ballot initiatives, referendums, and constitutional amendments.
-
This right is independent of legislative approval and shall not be denied, delayed, or abridged.
Solution 2: No Political Tampering
This reform protects the people’s lawmaking power from political interference — both before and after a ballot measure passes.
-
Before the vote:
- Lawmakers and state agencies may not block, delay, or require political approval before a citizen ballot measure can be filed or qualify for the ballot.
- Standard legal and administrative reviews such as title checks or fiscal analyses are allowed only if they are neutral, consistently applied to all measures, and do not delay, deny, or obstruct ballot access.
-
After the vote:
- Once voters approve a measure, the legislature may not repeal, delay, override, or nullify it.
- The legislature may only amend a voter-approved law if:
- The change furthers the original purpose of the initiative
- The amendment passes with a 60% supermajority vote in both chambers
- The change does not repeal, delay, or override the core provisions
- Any other changes must go to the ballot for direct voter approval
-
Judicial interpretation:
- Courts shall interpret this section liberally to protect citizen sovereignty, ensuring that voter-approved laws remain the people’s laws — free from political tampering or legislative reversal.
Solution 3: Fair Signature Thresholds
-
Constitutional Amendments: ≤15% of votes cast in last governor election
-
Statutory Laws: ≤10%
-
Referendums: ≤5%
-
No geographic distribution (e.g. county or district quotas) allowed
Solution 4: Protect Ballot Language Integrity
-
Titles, summaries, and full text may not be changed without sponsor consent
-
Ballot language must be neutral, reflecting sponsor intent and initiative purpose
â €
Solution 5: Uphold Simple Majority Rule
- All initiatives pass with 50% plus one vote of ballots cast on the measure
â €
Solution 6: Reinforce the Single-Subject Rule
-
If required, “single subject” must be interpreted broadly and in favor of ballot access
-
Related or ancillary topics do not invalidate an initiative
Solution 7: Open Petition Circulation
-
Any U.S. citizen or lawful resident may circulate petitions
-
No in-state residency, or licensing may be required
-
Must register with elections office for accountability
-
All state-level petition filing or administrative costs capped at $100 total
Solution 8: Legalize and Launch a Digital Signature Platform
-
The state must create a public, secure, and free-to-use online platform for gathering initiative petition signatures
-
All signatures collected on this platform must be:
-
Legally valid
-
Counted toward official petition totals
-
Verifiable in real time
-
-
The platform must be:
-
Accessible within 12 months of adoption
-
Equipped with voter identity verification and fraud prevention systems
-
Transparent about total signature counts and petition statuses
-
5. Evidence
Each source below is publicly accessible and supports the need for stronger initiative protections:
-
Skiba-Crafts (2008) – Ballot initiatives are free speech under the First Amendment. https://repository.law.umich.edu/cgi/viewcontent.cgi?article=1331&context=mlr
-
O’Brien (2022) – Arizona’s protections offer a strong state-level model for initiative rights. https://digitalrepository.unm.edu/cgi/viewcontent.cgi?article=4116&context=nrj
-
Ansel (2021) – Initiatives often succeed where legislatures fail to act, especially on justice reform. https://arizonastatelawjournal.org/wp-content/uploads/2021/05/05-Ansel.pdf
-
Dinan (2016) – Initiatives can increase trust in government and bring more people into the process. https://digitalcommons.chapman.edu/cgi/viewcontent.cgi?article=1363&context=chapman-law-review
-
Dodge (2020) – Recommends legal tools to protect voter-authored laws. https://scholarship.shu.edu/cgi/viewcontent.cgi?article=1785&context=shlr
-
Robinson (2020) – Courts are starting to defend voter access against biased rules. https://scholarship.law.uc.edu/cgi/viewcontent.cgi?article=1379&context=uclr
6. Definitions
- Citizen Initiative:
A lawmaking tool that allows voters to propose laws or constitutional amendments by collecting signatures and placing the proposal directly on the ballot.
This is the umbrella term that includes both statutory initiatives and constitutional amendments. It gives everyday people the ability to shape law without waiting on elected officials. - State Statutes:
State statutes are the written laws passed by a state’s legislature and signed by the governor. They cover everything from education rules to business regulations and criminal codes. - Statutory Initiative:
A citizen-initiated state law (not a constitutional amendment). If passed by voters, it becomes part of the state’s regular statutes — just like any law passed by the legislature.
Unlike constitutional amendments, statutory initiatives can usually be changed or repealed by the legislature, unless the state constitution or a specific voter-approved provision says otherwise. - Constitutional Amendment:
A voter-initiated change to the state constitution. This type of initiative has the highest legal authority within a state. It is much harder to overturn or modify than a statutory law and typically requires a public vote to amend in the future.
Constitutional amendments are often used to lock in long-term rights or structural changes. - Referendum:
A tool that allows voters to repeal or reject a law passed by the legislature.
Also called a “people’s veto,” this process gives the public a way to override recent laws they disagree with — usually by collecting signatures within a short window after the law is passed.
Some states allow referendums on all new laws, others only on laws not deemed “urgent.” - Simple Majority:
A vote threshold meaning more than 50% of the votes cast on a specific ballot measure.
For example, if 100,000 people vote on a measure, 50,001 votes are needed to pass it under a simple majority rule. Most initiatives require this to win. - Supermajority:
A higher voting threshold — usually at least 60% of votes in both legislative chambers, or sometimes 66% or higher depending on the state.
Used when extra agreement is required to change or override certain laws, including many voter-approved measures. - Single-Subject Rule:
A legal rule that requires a ballot measure to focus on just one main topic.
The goal is to prevent “ballot stuffing” — where unrelated issues are combined in a single measure to gain support.
In many states, courts interpret this rule strictly. This proposal recommends a broad, voter-friendly interpretation that protects access without sacrificing clarity. - Sponsor:
The person or organization that files the application for a ballot measure petition with the Secretary of State. - Voting-Age Citizen:
A U.S. citizen who is 18 years or older and otherwise eligible to vote in [State] elections.
7. Clarifications
Q1: Does this create a new federal power?
A: No. It’s a model for state-level amendments, not federal law.
Q2: Do lawmakers still make laws?
A: Yes. This gives voters an independent path, not a replacement.
Q3: Is this proposal partisan?
A: No. Ballot measures have been used by voters across the spectrum.
8. Implementation
Petition Process Reform
- The Secretary of State (or equivalent) must:
-
Update petition filing procedures to reflect the $100 fee cap
-
Remove all geographic signature requirements
-
Allow any U.S. citizen or lawful resident to circulate petitions
-
Launch a secure online signature platform within 12 months of adoption
-
Judicial Enforcement
-
Courts must interpret ballot access cases using this amendment’s standards
-
Citizens have standing to challenge any violation
Legislative Constraints
-
The legislature cannot amend, repeal, or alter a voter-approved law or amendment
-
Any change must be placed on a future ballot and approved by majority vote of the people
â €Self-Executing Clause
-
No additional legislation is required for this amendment to take effect
-
All branches of state and local government are immediately bound to comply
9. Why This Proposal Is Critical
The right to propose a law should belong to the people, not be blocked by paperwork, politics, or price tags.
This amendment:
-
Sets minimum protections every state should guarantee
-
Defends voter decisions from being quietly overturned
-
Keeps the tools of lawmaking open to all, not just the powerful
⠀It’s not about one party or one issue. It’s about protecting the process so we all have a say.
10. Call for Feedback
We want this to work in your state.
-
What would need to change to fit your state’s laws?
-
Are there barriers we missed that matter in your region?
-
What would help you lead, adapt, or support this proposal locally?