A number of important issues arise in relation to the process of preparing, circulating, and approving a citizens’ initiative. The significance of each of these issues varies, however, according to the relevant constitutional and political context.
Initiating the process
In order to start an initiative, proponents of the measure are required to collect the signatures of a specified number of supporters of the initiative and file them with the relevant government office. Ballot language must generally be proposed by the circulators and approved by the electoral management body or by the highest legal office of the relevant jurisdiction – e.g., Attorney General.
Ballot title
Once a proposition is filed, the first key issue is the wording of the ballot title to be circulated in petition and which will appear on the ballot. Typically, the ballot title will be a short summary of the proposed measure. The proposed measure will normally have been drafted by the individual or group proposing it, or by a legal team engaged by them, whilst the ballot title will normally be drafted by the office responsible for overseeing the administration of the initiative process. Agreeing the ballot title can be a long process, since whilst administrators aim to ensure that the ballot title clearly and accurately reflects the measure being proposed, proponents seek to put forward a title that maximises the chances of it being passed. Well funded initiative campaigns may file various versions of the same proposition then conduct opinion polls to assess the relative popularity of each, in order to ensure the proposition that is taken forward stands the highest chance of success.
Signature collection and verification
Once an initiative has been filed and the title agreed, its proponents must begin the process of collecting the relevant number of signatures required to get the initiative on the ballot. Signatures and identifying information such as voter registration number and/or address are often gathered on official forms provided by the electoral management body which include the full text or a summary of the proposal.
The number of signatures required can be expressed as a percentage of the electorate or as a fixed number of signatures from registered voters; these thresholds can vary from about one or two percent of the electorate up to 10 or even 20 percent. In addition, some geographical distribution of signatures, in a number or percentage of voters from all or most of the relevant geographical subdivisions, may be required for qualified support. Signature verification is undertaken by the department responsible for administering direct democracy and will normally be undertaken on a random sampling basis. Opponents are sometimes also given the opportunity to inspect the petitions and to file objections to individual signatures or to the entire submission on the grounds that it does not fulfil the legal requirements. Usually, a proportion of the signatures collected will be found to be invalid, so proponents generally seek to collect a number of signatures in excess of the actual threshold. If and when the relevant number of signatures is collected, the initiative is included on the ballot (usually in the next election in the appropriate jurisdiction).
Campaigning and the provision of information
During the petition circulation stage and in particular once an initiative has qualified for the ballot, proponents and opponents of initiatives will run campaigns for and against the measure. As with a referendum campaign, in some places, campaigning is regulated; contributions or expenditure may be capped. In others, however, there may be difficulties in implementing campaign controls because of the constitution; in many US states, for example, courts have ruled that expenditure limits are unconstitutional, because campaign expenditure has been equated with freedom of speech, which cannot be restricted. This has become a contentious issue because of concern in the US over the role of money and the initiative industry .
In addition to campaigns run by organisations campaigning for or against the initiative, the administration responsible for overseeing the initiative process will often publish an information pamphlet providing voters with information about the proposal. Typically, this might include a statement from the pro- and anti- campaigners, as well as a non-partisan analysis of the measure produced by the government. It might also include statements from other individuals and organisations which support or oppose the measure.
Number of initiatives on the ballot
Because there are not normally any limits on the number of initiatives that can be included on a ballot, it may be the case that there are multiple initiatives on any given ballot. The number of initiatives on a ballot normally depends simply on the number of initiatives that have qualified for the ballot in the relevant period before the election (some initiative proponents will deliberately time petition circulation in order to ensure that the initiative appears on the ballot for one particular election rather than another). In the US state of Oregon, there were 26 different initiatives on the ballot at the 2000 Presidential election.
The "initiative industry"
In a number of US states in particular, concern has been expressed that the use of citizens’ initiatives is increasingly professionalized, and that the "initiative industry," rather than citizens, determines which measures make it onto the ballot. Professional firms can assist with virtually all aspects of the initiative process, including: initial drafting of the initiative; opinion polling and focus group research; negotiation over the ballot title; securing endorsements to be used in campaigning; petition circulation; proposing counter-initiatives; and campaigning for the initiative once it has qualified. One area of concern to some observers has been the use of paid signature collectors to circulate the initiative in an effort to qualify the measure for the ballot. This is perhaps because the use of companies acting for profit to collect signatures arguably seems most at odds with the concept of citizen-backed initiatives which are promoted by ordinary citizens who believe in a measure. It is almost accepted in some countries that, without the assistance of professional signature collectors, it will be virtually impossible to get an initiative on the ballot, meaning that only well-financed campaigners are able to get initiatives to the ballot. Some US states have tried to legislate against this by banning the use of paid signature collectors, or requiring professional firms to pay collectors by the hour rather than per signature. This has been ruled unconstitutional in some states, however. There have also been controversies regarding whether paid signature collectors must be registered voters in the jurisdiction where the petitions are circulated.
Counter-initiatives
In some places where citizens’ initiatives are proposed frequently, one trend is for opponents to propose a counter-initiative as a means of opposing the original initiative measure. This tactic can be successful in that the existence of two related but opposing initiatives increases voter uncertainty and confusion about an issue, increasing the likelihood that voters will simply oppose both measures. Use of this tactic may be effective for opponents of specific initiatives, but it also increases the number of initiatives in circulation and potentially on the ballot.
Role of the legislature, government officials and courts The role of the legislature, government officials, and courts in relation to citizens’ initiatives tends to be strictly defined and rather limited. As outlined above, there is a role for the legislature in relation to indirect initiatives, where there may be an opportunity for it to amend initiative measures, or propose their own alternatives. However, in cases where the design of the initiative process does not provide for the involvement of the legislature, the only reviews that are permitted by the state in relation to initiative proposals is whether or not they comply with the administrative requirements imposed, i.e., are there enough proponents, have enough valid signatures been gathered? A further administrative task is to draft and agree the summary of the ballot title. In some places, where there are strict controls on the scope of initiatives, administrators might also be responsible for checking that the initiative proposal deals only with one issue or very closely related issues. In systems where initiatives need to be translated into more than one language, administrators might also be responsible for confirming whether the translation of the initiative proposal means the same in all the relevant languages. However, other than these legally defined administrative tasks, there is often no role for officials or the courts in reviewing the constitutionality of initiative proposals, that is, the quality of being in accordance with and not contradictory to the constitution of a country.
