Citizen activists supporting a public vote on important issues could have to brush up on their reading, writing and arithmetic if they want to get their initiatives on next year's ballot in some states.
A new Arkansas law will bar initiative ballot titles written above an eighth-grade reading level. And canvassers will have to verify that petition signers have either read the ballot title or had it read aloud to them.
In South Dakota, sponsors will need to make sure their petition titles appears in 14-point type on the front page and 16-point font on the back, where people typically sign.
And in Florida, volunteers will have to register with the state if they gather more than 25 petition signatures from outside their family or risk facing felony charges punishable by up to five years in prison.
Across about dozen states, roughly 40 bills restricting or revamping the citizen initiative process have passed at least one legislative chamber this year, according to a review by The Associated Press. Many already have been signed into law.
Some advocates for the initiative process are alarmed by the trend.
“Globally, as there’s movements to expand direct democracy, in the United States it’s contracting,” said Dane Waters, chair of the Initiative and Referendum Institute at the University of Southern California, who has advised ballot campaigns in over 20 nations.
Most of the new restrictions come from Republican lawmakers in states where petitions have been used to place abortion rights, marijuana legalization and other progressive initiatives on the ballot. GOP lawmakers contend their measures are shielding state constitutions from outside interests.
“This is not a bill to restrict. It is a bill to protect — to make sure that our constitutional system is one of integrity, and that it’s free of fraud,” said state Sen. Jennifer Bradley of Florida, where the new initiative requirements already have been challenged in court.
A right in some states, but not others
About half the U.S. states allow people to bypass their legislatures by gathering signatures to place proposed laws or constitutional amendments on the ballot.
Since Oregon voters first used the process in 1904, a total of 2,744 citizen initiatives have appeared on statewide ballots, with 42% winning approval, according to the Initiative and Referendum Institute.
But the process has long caused tension between voters and their elected representatives.
Lawmakers often perceive the initiative process as “an assault on their power and authority, and they want to limit it,” Waters said. “They view it, in my opinion, as a nuisance – a gnat that keeps bothering them.”
Restrictions on petition canvassers
Because initiative petitions require thousands of signatures to qualify for the ballot, groups sponsoring them often pay people to solicit signatures outside shopping centers and public places. Some states now prohibit payments based on the number of signatures gathered.
States also are trying to restrict who can circulate petitions. A new Arkansas law requires paid petition canvassers to live in the state. And a new Montana law will make petition circulators wear badges displaying their name and home state.
The new Florida law expanding registration requirements for petition circulators also requires them to undergo state training and bars canvassers who are noncitizens, nonresidents or have been convicted of felony offenses without their voting rights restored.
More requirements for petition signers
In addition to providing their name, address and birth date, people signing initiative petitions in Florida also will have to provide either their Florida driver's license, state identification card or the last four digits of their Social Security number.
That information is not required in other states, said Kelly Hall, executive director of the Fairness Project, a progressive group that has backed dozens of ballot initiatives in states. Hall said people concerned about privacy might hesitate to sign petitions.
“I work in ballot measures, and I deeply support many of the things that folks have tried to put on the ballot in Florida,” Hall said, “and I don’t know if I could bring myself to do that – that’s a very prohibitive requirement.”
Making the fine print larger
Many states already prescribe a particular format for initiative petitions. South Dakota's new mandate for specific font sizes was prompted by allegations that some people got duped into signing a petition for abortion rights last year, said sponsoring state Sen. Amber Hulse, a Republican.
Printing the ballot title in large type “might make it harder for some issues to get on the ballot if people know what they’re signing. But that’s actually a good thing," Hulse said.
More power for elected officials
Before they can collect signatures, petition sponsors must get approval from state officials. New measures in several states give those officials greater authority.
New Arkansas laws allow the attorney general to reject initiatives written above an eighth-grade reading level or which conflict with the U.S. Constitution or federal law. Utah's lieutenant governor, who already can reject unconstitutional petitions, now also will be able to turn away petitions that are unlikely to provide adequate funding for their proposed laws.
A new Missouri law gives greater power to the secretary of state, instead of judges, to rewrite ballot summaries struck down as being insufficient or unfair.
A higher threshold for voter approval
Most states require only a majority vote to amend their constitutions, though Colorado requires 55% approval and Florida 60%.
Republican-led legislatures in North Dakota and South Dakota approved measures this year proposing a 60% public vote to approve future constitutional amendments, and Utah lawmakers backed a 60% threshold for tax measures. All three propositions still must go before voters, where they will need only a majority to pass.
Voters rejected similar proposals in Ohio, Arkansas and South Dakota in recent years, but they approved a 60% threshold for tax measures in Arizona.
Lawmakers contend the move has merit.
“Raising the threshold can help protect the constitution from being manipulated by special interest groups or out-of-state activists," North Dakota House Majority Leader Mike Lefor said earlier this year.
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Associated Press writers Jack Dura and Kate Payne contributed to this report.
___ Payne is a corps member for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.
David A. Lieb, The Associated Press
