Ballot initiative signature gatherer
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A ballot initiative signature gatherer, also referred to as a petition circulator, signature collector, or signature gatherer, is a person who collects signatures for citizen-initiated ballot measures. Sponsors of a ballot initiative or veto referendum use paid or volunteer signature gatherers for their petitions. States vary in how they regulate signature gatherers.
HIGHLIGHTS
Types of signature gatherers
There are two types of signature gatherers—paid and volunteer. Some states require circulators to identify if they are paid or volunteer.
A paid signature gatherer is a person who is paid by the supporters of a ballot measure or candidate to gather signatures for a petition. Pay-per-signature is a method of compensating signature gatherers who collect signatures for ballot initiatives. The method involves paying signature gatherers at a rate based on the number of signatures collected.
There are 26 states that provide for an initiative or referendum process. Seventeen (17) of those states allowed campaigns to make payments to signature gatherers based on the number of signatures collected. Nine (9) of those states prohibited campaigns from paying signature gatherers based on the number of signatures collected.
Some states have certain requirements and restrictions regarding paid signature gatherers including the following:
- requiring circulators to wear a badge identifying them as a paid circulator;
- requiring that the petition they circulate be stamped or printed with words noting that the circulator is being paid;
- requiring the circulator to file an affidavit or registration form with a state office prior to circulating petitions;
- requiring the circulator to complete a training course administered by the government prior to circulating petitions;
- requiring that the circulator register with a municipal official or police officer prior to collecting signatures in a given political subdivision.
A volunteer signature gatherer is a person who collects signatures for a ballot measure on a volunteer basis without monetary compensation.
Legislation
The following is a list of bills passed, beginning in 2016, related to ballot initiative signature gatherers.
2022
- Utah House Bill 218: The bill made several changes to the ballot initiative process in Utah, including establishing a process for electronically collecting signatures, within the presence of a signature gatherer using an approved device.[1]
2021
- Arkansas Senate Bill 614: The legislation enacted several changes to signature gathering requirements. SB 614 banned paying circulators based on the number of signatures gathered and required circulators to be state residents and citizens. The legislation also expanded the criteria for disqualifying individuals from serving as signature gatherers to include certain criminal offenses, such as sexual offenses, trespassing, vandalism, and theft.[2]
- California Senate Bill 660 (Vetoed): The legislation would have banned paying signature gatherers based on the number of signatures collected. Gov. Gavin Newsom (D) vetoed SB 660 on October 5, 2021.[3]
- Colorado Senate Bill 250: The legislation enacted several changes to election policies in Colorado, including requiring circulators of recall petitions to have identification badges that state either "Volunteer Circulator" or "Paid Circulator", depending on whether the signature gatherer is paid or not; providing election officials 28 days, rather than 15 business days, to verify signatures for recall petitions; and requiring that a recall election for local and school officials be held at the same time as a general election if there is one within 120 days. The legislation also repealed the signature cure period for ballot initiatives.[4]
- Montana House Bill 651: The legislative made several changes to laws governing the initiative process including requiring the employers of paid signature gatherers to register with the state and pay a filing fee.[5]
- Utah House Bill 136: The legislation made several changes to the laws governing the initiative process in Utah, including:[6]
- banning pay-per-signature and instead requiring payment of signature gatherers to be based on time;
- enacting a badge requirement for paid petition circulators;
- requiring signature gatherers to present the entire text of initiatives and referendums to potential signers;
- requiring initiative or referendum petition sponsors to send an email to petition signers (who add their emails to the petition sheet) that informs the signers how to remove their signatures from the petition;
- requiring that a statement about tax increases be included on initiative petitions that increase taxes; and
- revising formatting requirements for initiative petitions, among other changes.
- Utah House Bill 211: The legislation revised the statements that signature gatherers must sign.[7]
2020
- Idaho House Bill 548: The bill required that initiatives be limited to a single subject; required that initiative petitions include a statement informing signers that they have the option to remove their signatures from the petition; required individuals or entities who pay signature gatherers to report such activity to the secretary of state; and set the earliest and default effective date for ballot initiatives as July 1 of the year following the election.[8]
- South Dakota Senate Bill 180: The legislation required paid circulators to provide their residential address, phone number, driver's license state, voter registration information, sex offender status, and other information, and SB 180 classified this information as public record. Under SB 180, signatures were considered void when a signature gatherer did not meet the registration requirements. SB 180 also required signature gatherers — paid or volunteer — to be residents of South Dakota for at least 30 days.[9]
2019
- California Assembly Bill 1451 (Vetoed): Gov. Gavin Newsom (D) vetoed the bill on October 7, 2019. The legislation was designed to do the following:[11]
- require that a minimum of 10% of the signatures needed for an initiative or referendum petition be collected by unpaid volunteer circulators;
- prohibit paying circulators based on the number of signatures they collected and making this practice a misdemeanor;
- require petitions to include information indicating whether the circulator collecting the signatures was a paid worker or volunteer; and
- increase the number of days that elections officials have to verify signatures, among other changes.
- Florida House Bill 5: The legislation made several changes to the laws governing the initiative process in Florida, including:[12]
- require paid petition circulators to register with the state and provide an affidavit;
- prohibit paying petition circulators based on the number of signatures gathered and making a violation a misdemeanor offense;
- require petition forms to be submitted to elections officials within 30 days of being signed or receive a fine of $50 per petition sheet;
- require ballot language for a statewide initiative to contain an estimate of the impact on the state and local economy and effect on the state budget;
- require a two-thirds (66.67%) vote at a general election to approve local discretionary sales taxes.
- Maine Legislative Document 499: The legislation required signature gatherers to provide certain personal information and proof of voter registration with the state and file an affidavit that says the circulator has an understanding of the initiative process. The legislation also required organizations or individuals paying circulators to provide a list of paid circulators and details on payment methods, including whether pay-per-signature is utilized.[13]
- South Dakota House Bill 1094: In SD Voice v. Noem, the U.S. District Court for South Dakota ruled that HB 1094 was unconstitutional. The legislation was designed to make several changes to the laws governing petition circulators, including:
- requiring paid signature gatherers to register with the state, obtain a circulator identification number, and provide certain information, such as the circulator's physical address, email address, phone number, occupation, and driver's license and voter registration state;
- creating a $20 registration fee for paid petition circulators; and
- requiring signature gatherers to wear a badge that identifies the committee and ballot measure for which they are collecting signatures, as well as their paid or volunteer status, among other changes.
2018
- Arizona House Bill 2121 (Vetoed): Gov. Doug Ducey (R) vetoed HB 2121 on April 20, 2018. The legislation would have changed the definition of paid circulator to include circulators who receive monetary or other compensation for obtaining signatures on an initiative or referendum petition, rather than circulators who are paid based on the number of signatures collected.[14]
- Arizona House Bill 2648: The legislation changed the definition of paid circulator to include circulators who receive monetary or other compensation for obtaining signatures on an initiative or referendum petition, rather than circulators who are paid based on the number of signatures collected.[15]
- California Assembly Bill 1947 (Vetoed): Gov. Jerry Brown (D) vetoed AB 1947 on September 18, 2018. The legislation would have banned paying signature gatherers based on the number of signatures collected.[16]
- Colorado House Bill 1145: The legislation was designed to repeal state ballot initiative laws that courts ruled to be invalid. The repealed laws restricted payment of signature gatherers according to the number of signatures collected to 20 percent of their total compensation and required signature gatherers to be state residents.[17]
- Michigan House Bill 6595: The legislation made changes to laws governing the initiative process in Michigan including providing that petitions must say whether the circulator is a paid or volunteer signature gatherer.[18]
- South Dakota House Bill 1177: The legislation required initiative petition sheets to include the name, phone number, email address, and the paid or volunteer status of the signature gatherer. HB 1177 also required paid signature gatherers to include how much they're being paid.[19]
- South Dakota House Bill 1196: The legislation required a signature gatherer to provide a sworn statement attesting to residency, as well as the circulator's vehicle license state, voter registration state, current address, addresses of two previous residences, a statement expressing the circulator's intention to remain in the state following the petition effort, other information to prove residency, and other information.[20]
2017
- Arizona House Bill 2404: The law was designed to prohibit paying circulators according to the number of signatures collected; make paying circulators on a per-signature basis a class 1 misdemeanor; and increase the number of days that legal challenges to the registration of circulators can commence from five days to ten business days after signatures are filed.
- Two veto referendum signature petition drives targeting HB 2404 were started, but no signatures were submitted by the deadline.
- The introduced version of the bill was written to also require paid circulators to register with the state, make certain disclosures, complete a training program provided by the state, and pay a registration fee; require initiative proponents to post bonds for paid signature gatherers ranging from $10,000 to $50,000; and create an Initiative and Referendum Integrity Fund. These provisions were removed through amendments, however. Provisions similar to them were included in separate legislative efforts.
- Arkansas House Bill 1440: The law was designed to require initiative and referendum sponsors to file a list of paid circulators, their addresses, and their signature cards to the secretary of state upon filing their petition.
- California Assembly Bill 1367: The law was designed to make it a crime for any "company, organization, company official, or other organizational officer in charge of a person who circulates an initiative, referendum, or recall petition who knowingly directs or permits the person to make a false affidavit concerning the initiative, referendum, or recall petition or the signatures appended to the petition," where previously state law made it a crime for a person to make a false affidavit without referring to companies or organizations.
See also
Footnotes
- ↑ Utah State Legislature, "House Bill 218," accessed June 14, 2023
- ↑ Arkansas State Legislature, "Senate Bill 614," accessed June 15, 2023
- ↑ California State Legislature, "Senate Bill 660," accessed June 19, 2023
- ↑ Colorado State Legislature, "Senate Bill 250," accessed June 20, 2023
- ↑ Montana State Legislature, "House Bill 651," accessed June 21, 2023
- ↑ Utah State Legislature, "House Bill 136," accessed June 21, 2023
- ↑ Utah State Legislature, "House Bill 211," accessed June 21, 2023
- ↑ Idaho State Legislature, "House Bill 548," accessed June 22, 2023
- ↑ South Dakota State Legislature, "Senate Bill 180," accessed June 20, 2023
- ↑ U.S. District Court of South Dakota, "Dakotans for Health v. Noem, January 10, 2023
- ↑ California State Legislature, "Assembly Bill 1451," accessed June 25, 2023
- ↑ Florida State Senate, "House Bill 5," accessed June 25, 2023
- ↑ Maine State Legislature, "Legislative Document 499," accessed June 27, 2023
- ↑ Arizona State Legislature, "House Bill 2121," accessed June 28, 2023
- ↑ Arizona State Legislature, "House Bill 2648," accessed June 28, 2023
- ↑ California State Legislature, "Assembly Bill 1947," accessed June 28, 2023
- ↑ Colorado State Legislature, "House Bill 1145," accessed June 28, 2023
- ↑ Michigan State Legislature, "House Bill 6595," accessed June 28, 2023
- ↑ South Dakota State Legislature, "House Bill 1177," accessed June 28, 2023
- ↑ South Dakota State Legislature, "House Bill 1196," accessed June 28, 2023
