Referendum Petitions

Twenty-four states and hundreds of counties and cities authorize the referendum petition.  With the referendum petition (sometimes called a “veto referendum” or “popular referendum”), citizens can suspend recently passed legislation and force a public vote on it by collecting a required number of signatures.

A referendum petition can be an important and sophisticated tool in fighting damaging legislation.  It has several advantages:

• The prospects of a referendum petition can often freeze legislative action as lawmakers contemplate the implications of a public vote on their legislation.
• Filing signatures on a referendum petition legally suspends the legislation until the public vote, often for a year or more.  That delay can provide critical time to prepare for a potential change in the law.
• With most legislative proposals, little attention is given to the electoral optics of a measure.  This makes them vulnerable to defeat at the polls following a referendum petition.
• With referendum petitions, critical ballot language and fiscal summaries are often drafted by executive branch officials who are independent of the legislature and open to your advocacy.

For these same reasons, when your legislative victory is threatened by a referendum petition, quick intervention is often critical.  Deadlines for referendum petitions typically coincide with the effective date for new legislation, often no more than 30, 60 or 90 days after legislative adjournment.

For referendum petition campaigns, we assist client with a full range of services, including:

• Conducting a Ballot Measure Group Feasibility Study on the political and legal feasibility of undertaking  a referendum petition
• Preparing a fiscal analysis of the ballot proposition
• Securing approval of referendum petition format, ballot title and fiscal summary
• Coordinating referendum petition litigation, recounts and challenges
• Setting up ballot measure campaign committees and coordinating campaign finance and legal compliance
• Counseling on signature gathering and turn-in compliance
• Developing lobbying and public engagement strategies to combat legislative interference with the referendum
• In some cases, assuming active campaign management

For campaigns opposing referendum petition efforts, we can also provide comprehensive services, including:

• Conducting a Ballot Measure Group Feasibility Study on the political, policy and legal prognosis of turning back a potential referendum petition threat
• Coordinating ballot measure litigation, recounts and challenges
• Developing public engagement strategies to combat the referendum petition.
• Contesting approval of referendum petition format, ballot title and fiscal summary with state or local authorities
• Setting up ballot measure campaign committees and coordinating campaign finance and legal compliance
• Contesting signature gathering and signature validation
• In some cases, assuming active campaign management