Also known as: initiative processes · initiative
Written by attorneys · grounded in primary & secondary sources — see below
A mechanism allowing voters to propose and enact statutes or constitutional amendments by petition and direct ballot vote, bypassing legislative enactment. The process requires sufficient signatures to qualify a measure for the ballot and produces binding law upon voter approval.
Iain Irons, a lawyer seeking appointment as counsel for a state agency, contributed to a campaign supporting a ballot initiative that would create new regulatory positions. The contribution aimed to position his firm for the resulting legal engagements. Because the donation occurred in an initiative election, the contribution falls outside the political contribution definition that triggers scrutiny under the rule.
Iris Irons and other private sponsors circulated petitions for a statewide initiative banning certain land uses. After a district court invalidated the measure, the sponsors appealed. They asserted only a generalized interest in the initiative's enforceability and suffered no personal concrete injury, so standing was absent at the appellate stage.
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Ike Ingram created a trust to fund an initiative campaign committee. After discovering the trustee had diverted funds, the sponsors petitioned to qualify the measure. The court examined the committee's qualification petition and the trust's role in financing the signature drive.
Isabelle Inman and coastal owners sponsored an initiative requiring state approval for any beach renourishment project affecting private lots. The measure passed and changed permitting standards. Property owners then challenged the new rules as a taking, testing whether the voter-approved change constituted state action.
Ira Irving sponsored an initiative codifying a ban on physician-assisted suicide. After enactment, a physician challenged the measure as violating due process liberty interests. The court examined whether the voter initiative reflected a rational legislative judgment on the issue.
Isabella Ingram led an initiative campaign to eliminate race-based preferences in state contracting. Voters approved the measure. A contractor challenged the repeal under equal protection, arguing that removing the preferences through direct democracy created a political burden on protected groups.
Private proponents lack standing to appeal when they assert only a generalized interest in the measure's enforceability and suffer no personal concrete injury. Standing must exist at every stage of litigation, including appeal.
Political contributions in initiative and referendum elections are expressly excluded from the definition of political contribution under the rule. The exclusion prevents the rule from reaching donations made solely to support or oppose ballot measures.
In twenty-four states, voters may submit statutes or constitutional amendments directly to the electorate through petitions that bypass the legislature. Once qualified, the measure appears on the ballot and becomes law upon majority approval.
…another in the commission of self-murder.” In the 115 years between Washington’s admission to the Union and the enactment of Initiative 119 in 1991, the State’s voters have been asked to consider the legalization of assisted suicide only once. That proposal was defeated by a 54 percent to 46 percent margin. The plaintiffs…