Also known as:initiatives · ballot initiative · citizen initiative · popular initiative
Written by attorneys · grounded in primary & secondary sources — see below
An electoral process by which a percentage of voters can propose legislation and compel a vote on it by the legislature or by the full electorate. Recognized in some state constitutions, the initiative is one of the few methods of direct democracy in an otherwise representative system.
Sources & Authorities
How it applies
Common Examples
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Contribution for Initiative Work
Ike Ingram, a lawyer, contributed funds to a judicial candidate's campaign. The candidate later awarded Ike a government contract to handle legal work on a city ballot initiative. The contribution was made to secure that engagement.
Standing After Initiative Defeat
Isabella Ingram and other private backers of a state ballot initiative lost in district court when the measure was struck down. They appealed, claiming a general interest in upholding the voters' will, but suffered no personal injury from the ruling.
Court Removes Trustee
Iris Irons, a trust beneficiary, petitioned the court to remove the trustee for repeated breaches. The court acted on its own initiative after reviewing the record and removed the trustee without waiting for further party action.
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Cases
Statutes
Uniform Acts
Model Codes
Restatements
Casebooks
Hornbooks
Study Supplements
Dictionaries
Assisted Suicide Measure
Isaiah Ishikawa, a physician, challenged a state ban on assisted suicide. The ban had survived an earlier initiative attempt, and the court upheld the prohibition as consistent with due process traditions.
Washington v. Glucksberg521 U.S. 702 (1997)
Party Role in Initiative
Indigo Textiles, a national party committee, assisted a state party with fundraising for a ballot initiative. The assistance stayed within limits that preserved the national committee's ability to participate without triggering control rules.
McConnell v. Federal Election Commission540 U.S. 93, 226–27 (2003)
Coastal Regulation Challenge
Ironclad Industries owned beachfront lots restricted by new state rules. The restrictions arose from a voter-approved regulatory initiative, and the owner claimed the rules eliminated all economic use of the land.
Lucas v. South Carolina Coastal Council505 U.S. 1003 (1992)
Common questions
Frequently Asked
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Does the Model Rule on political contributions apply to initiative elections?+
No. The rule expressly excludes political contributions in initiative and referendum elections from the definition of political contribution that triggers the prohibition.
Do private proponents of a ballot initiative have standing to appeal an adverse judgment?+
No. They lack standing because they assert only a generalized interest in the enforceability of state law and suffer no personal, concrete injury.
May a court remove a trustee on its own initiative under the Uniform Trust Code?+
Yes. The settlor, a cotrustee, or a beneficiary may request removal, or the court may remove a trustee on its own initiative.
What level of scrutiny applies to laws regulating the circulation of initiative petitions?+
Strict scrutiny applies to laws regulating core political speech such as the circulation of initiative petitions, including identification or disclosure requirements for circulators.
505 U.S. 1003 (1992)Property
…society. Goldblatt v. Hempstead , 369 U. S. 590, 593 (1962). The State should not be prevented from enacting new regulatory initiatives in response to changing conditions, and courts must consider all reasonable expectations whatever their source. The Takings Clause does not require a static body of state property law; it…