Accluntability Blueprint

Wyoming's Initiative and Referendum Law

Eliminate the Obstacles to Direct Democracy

CONTENTS

Accessible and Accountable Government

The Foundation of Democracy

Clean Money Campaign Reform

Initiative and Referendum

Complete Lobbyist Reporting

Government that Works for You

      The terms "initiative and referendum," or I&R, refer to a process of direct democracy-where the people bypass their elected officials to enact legislation directly (the initiative) or to repeal a law the elected officials have passed (referendum).
      The concept is to give the citizenry some recourse in the event their elected officials are unresponsive on a particular issue.
      To prove the strength of public opinion, however, sponsors of initiatives and referenda are required to circulate petitions to collect a specified number of signatures within a certain time period to "qualify" an initiative or referendum proposal for the ballot.
      The proposal is then approved or rejected by the voters, who are, in effect, acting as a giant legislature.
      Wyoming's constitutional and statutory procedures for I&R are so difficult as to render both processes nearly useless. Only a handful of initiatives and one referendum have qualified for the ballot, and all but one relied principally on paid signature collectors.
      In other words, Wyoming's petition process is so demanding it is not a tool for popular democracy, but rather serves moneyed interests who can pay to get the job done.
      In five significant areas, Wyoming's initiative and referendum procedures are either plainly unconstitutional in light of recent U.S. Supreme Court rulings, or likely would be ruled unconstitutional. capitol

Unreasonable signature threshold & distribution requirements
      The signature threshold for qualifying a petition-15% of the number of people who voted in the last Congressional election in each of two-thirds of Wyoming's counties-is the highest of any I&R state, despite Wyoming's small population.
      The requirement for collecting signatures in each of two-thirds of the counties (as opposed to 15% distributed in any proportion among two-thirds of the counties) likely would not pass judicial muster, although the courts have not yet ruled directly on this point.
      Requiring collection of signatures along political boundaries without regard to population malapportions the "people's legislature." It also denies citizens equal protection-that is, once the 15% number is reached in any one county, the signatures of any additional voters in that county become worthless.
      What can be done?
      The Wyoming Constitution Article 3, Section 52(c), should be amended to reduce the signature threshold, and Article 3, Section 52(c)(ii) and Wyoming Statute 22-24-116(a)(ii) governing the distribution requirements should be repealed.
Pass an initiative with a simple majority vote
      The Wyoming Constitution requires an initiative to pass, not with a simple majority of votes cast for the initiative, but a majority of votes cast in the election. Thus, if a voter does not vote on an initiative or referendum, the abstention counts as a "no" vote.
      What can be done?
      Article 3, Section 52(f) of the Wyoming Constitution should be amended to provide that initiatives and referenda pass or fail by a simple majority of votes cast on the measure.

Delete unconstitutional provisions in Wyoming's Initiative and Referendum Law

      A recent U.S. Supreme Court decision, Buckley v. American Constitutional Law Foundation (525 U.S. 182, 1999), invalidated several provisions of Colorado's initiative and referendum law which are similar to Wyoming's.
      In the opinion written by Justice Ruth Bader Ginsburg, the provisions created "…undue hindrances to political conversations and the exchange of ideas."
Paid Petition Circulators
      In the Buckley case, the Court struck down requirements that: (1) petitions indicate whether the petition circulator is paid, and (2) prohibits a paid circulator from carrying a petition without such an indication, provisions also found in Wyoming's I&R law.
      What can be done?
      Wyoming Statutes 22-24-110(a)(v), (b), and (e), which require red, 16-point type identifying the petitioner as paid, prohibiting a paid petitioner from circulating a petition without the identification, and including information on use of paid circulators in any printed material prepared by the Secretary of State, should be repealed.
Circulators Paid "Per Signature"
      In an earlier decision, Meyer v. Grant (486 U.S. 414, 1988), the U. S. Supreme Court held that states cannot prohibit initiative and referenda petitioners from being paid "per signature," a practice now prohibited by Wyoming law.
      What can be done?
      Wyoming Statute 22-24-125(a), which prohibits paying petitioners on a per signature basis, should be repealed.
Five-Year Prohibition
      Wyoming law prohibits an initiative from being considered on the ballot if it has been defeated as an initiative at a statewide election within five years preceding the filing of the petition.
      Although the U.S. Supreme Court has not ruled directly on this provision, legal experts at the Initiative and Referendum Institute believe the court would find that the five-year prohibition is an illegal restriction on the elections process, because the same prohibition is not imposed on the Legislature.
      What can be done?
      Wyoming Statute 22-24-101, which prohibits consideration of substantially the same initiative as one defeated with the previous five years, should be repealed.

Links