Initiative Subject Restrictions
Updated August 3, 2006
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Single Subject? |
Other Subject Restrictions |
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Alaska |
Yes |
No revenue measures
No appropriations
No acts affecting the judiciary
No local or special legislation |
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Arizona |
Yes |
If an initiative requires a reduction in governemnt revenue or a reallocaiton from currently funded programs, the initiative text must identify the program or programs whose funding must be reduced or eliminated to implement the initiative. (Arizona Consitution Art. IX, Sec. 23) |
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Arkansas |
No |
None |
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California |
Yes |
May not include or exclude any political subdivision of the state from application or effect
May not contain alternative or cumulative provisions wherein one or more of those provisions would become law, depending upon the casting of a specified percentage of votes for or against the measure |
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Colorado |
Yes |
None |
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Florida |
Yes |
Measures that propose a tax or fee not in place in November 1994 require a 2/3 vote to pass. |
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Idaho |
No |
None |
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Illinois |
No |
Allowed only for amendment of constitutional Article IV, relating to structural and procedural subjects concerning the legislative branch |
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Maine |
No |
Any measure providing for an expenditure of funds in excess of those appropriated becomes inoperative 45 days after the legislature convenes |
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Massachusetts |
No* |
No measures relating to:
-Religion
-The judiciary
-Specific appropriations
-Local or special legislation
-The 18th amendment of the constitution
-Anything inconsistent with the rights of individuals as enumerated in the constitution
A measure cannot be substantially the same as any measure that has been qualified for the ballot or appeared on the ballot in either of two preceding general elections |
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Michigan |
No |
The initiative power extends only to laws that the Legislature may enact |
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Mississippi |
No |
The initiative cannot be used to amend/repeal the:
-Bill of Rights
-Public employees' retirement system
-Right-to-work provision
-Initiative process
Only first five certified measures may go on ballot
If a measure is rejected by voters, no identical or substantially similar measure may go on ballot for a minimum of two years
If an initiative requires a reduction in government revenue or a reallocation from currently funded programs, the initiative text must identify the program or programs whose funding must be reduced or eliminated to implement the initiative |
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Missouri |
Yes |
No appropriations of money other than new revenues created and provided for by the initiative
Cannot be used for any purpose prohibited by the state's constitution |
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Montana |
Yes |
No appropriations
No local or special laws |
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Nebraska |
Yes |
Limited to matters that can be enacted by legislation and cannot interfere with Legislature's ability to direct taxation for state and governmental subdivisions
The same measure cannot be initiated more often than once in three years |
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Nevada |
Yes |
No appropriations
Cannot require an expenditure of money unless a sufficient tax is provided as part of the initiative proposal |
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North Dakota |
No |
No emergency measures
No appropriation measures for the support and maintenance of state departments and institutions |
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Ohio |
Yes |
May not be used to pass a law:
-Authorizing any classification of property for the purpose of levying different rates of taxation thereon
-Authorizing the levy of any single tax on land,
land values or land sites at a higher rate or by a different rule than is applied to improvements thereon or to personal property |
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Oklahoma |
Yes |
Initiatives rejected by the voters cannot be proposed again for three years by less than 25 percent of the state's legal voters |
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Oregon |
Yes |
None |
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South Dakota |
No |
No private or special laws |
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Utah |
No |
None |
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Washington |
Yes |
None |
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Wyoming |
Yes |
Cannot be used to:
-Dedicate revenues
-Make or repeal appropriations
-Create courts
-Define the jurisdiction of courts
-Prescribe court rules
-Enact local or special legislation
-Enact legislation prohibited by the Wyoming constitution
The same measure cannot be initiated more often than once in five years |
*In interviews conducted in May 2002, election officials in Massachusetts said that although that state does not have a single subject rule, it does have a requirement that a initiative contain only subjects that are related or mutually dependent. Courts have interpreted relatedness to mean that "... one can identify a common purpose to which each subject of [the] initiative petition can reasonably be said to be germane."
Source: National Conference of State Legislatures, January 2002.
Jennie Drage Bowser tracks initiatives and referendums, and may be reached at 303-364-7700 or elections-info@ncsl.org.
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