Guide to Initiative and Referendum
The process for placing an Initiative or Referendum Measure on the ballot
in the District of Columbia has several steps, which are defined in the
law. The Board of Elections and Ethics has written this circular to provide
you with general information about this process. For a complete account,
check DC Code Section 1-1001.16 or Chapter 10 of our Regulations (DCMR Title
3: Elections and Ethics).
If you have further questions, the Board's staff stands ready to assist you.
For legal inquiries, please call the Office of the General Counsel
at (202) 727-2194; for general information, call the Voter Services
Office at (202) 727-2525.
Supporters File the Measure with the Board of Elections
The process begins when a registered voter files the proposed Measure
in the Board's Voter Services Office. The filing must include five copies
of the following:
- The legislative text of the proposed law,
- A short title of 15 words or less to describe the Measure, and
- A "Summary Statement" of 100 words or less, to outline the proposed law for voters
The proposer must also file a notarized statement swearing that
he or she is a registered voter This statement must include the person's
residence address and telephone number. The supporters of the Measure must
also file documents with the Office of Campaign Finance, listing their
campaign committee and other financial information.
The Board of Elections Considers the Subject
Matter
Once an Initiative or Referendum is filed, the Board publishes it in
the DC Register and provides notice of a public meeting to consider whether
the subject matter meets the requirements set in the law. Members of the
public are invited to submit written testimony on the subject matter arid
to testify before the Board at the public meeting.
Under the law, an Initiative or Referendum may not appropriate funds,
violate the Home Rule Charter, negate a Budget Act, or violate the Human
Rights Act. When the Board makes its subject matter determination, it may
consider only whether the Measure meets these requirements.
The Board Approves a Short Title and Summary Statement
After approving the subject matter, the Board prepares the official
Short Title and Summary Statement. The Summary Statement is a statement
of 100 words or less that describes the Measure for voters. It appears
on both the petition form and the election ballot.
The Short Title and Summary Statement "formulated" by the Board are
presented at a public meeting, where both proponents and opponents are
invited to comment. The Board's responsibility is to approve language that
is clear and impartial, and fairly reflects the contents of the Measure.
The Challenge Period Begins
Once approved, the official language is published in the DC Register,
along with the legislative text. The DC Register publication begins a
ten day challenge period, during which any registered voter may object
to the short title, summary statement, or legislative form in the Superior
Court.
The Petition Form is Approved
At the end of the challenge period (or once any court challenges are
successfully resolved), the Board holds a public meeting to approve the
petition form for circulation.
Supporters Circulate the Petition
Once the petition is approved, the supporters of an Initiative have
180 days to gather signatures. (Referendum supporters collect their signatures
before the end of the Congressional Review Period.) To place a Measure
on the ballot, supporters of an Initiative or Referendum must collect the
signatures of at least five percent of the voters registered citywide.
These signatures must be distributed to reflect at least five percent of
the registered voters in at least five of the eight wards.
The Board's Staff Verifies Petition Signatures
Once the petition is filed, the Board of Elections has thirty days to
determine whether it contains the required number of voter signatures.
In the presence of watchers--and according to detailed procedures--the
Board's staff checks each name on the petition to determine whether the
signer is registered. Once the staff determines that the petition contains
the required number of voter entries, a random sample of 100 signatures
from each ward is checked against the voter's original registration form
to ensure signature validity.
The Measure is Certified for the Ballot
At the end of the signature verification phase, the Board calls a public
meeting to announces whether the petition meets the citywide and ward-level
requirements. If the petition meets the requirements, the Measure is then
"certified" for the election ballot. In the case of a Referendum Measure,
a special election is called. This election must occur within 114 days
of the certification (except if another citywide election is already scheduled
to occur within 54 to 114 days of the Board's announcement.) An Initiative
Measure does not require a special election, and is voted on during the
next citywide election at least 90 days after the certification. All registered
voters -- regardless of party affiliation -- are eligible to vote on Initiative
or Referendum Measures.
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