*To skip the background and download the petition and instructions on how to fill it out correctly, click here: LINK Be sure to read the instructions before filling out or asking others to fill out*
Referendum vs. Initiative:
There are three ways that a piece of state-level legislation can become law:
- Passed by State Legislature, then signed by Governor (the vast majority of legislation is created using this method)
- Introduced by any registered voter in the State (called an “Initiative”) and if enough signatures of registered voters are gathered in a specified period of time, it is put on the ballot for an up-or-down vote by the public.
- After a bill is passed by the State legislature and the voters of the state want to put it on the ballot, they can gather signatures of registered voters and have it placed on the ballot for an up-or-down vote. This is a “Referendum.”
The map below shows the processes that each state has. All states can introduce legislation via the legislature so that isn’t listed in graphic.
Great map showing the different states and the ability the people have to use Initiatives or Referenda. From the I&R Institute at USC.http://www.iandrinstitute.org/statewide_i&r.htm
From the graphic, you can see that Maryland has no ability to use an “Initiative” and can only carry out a popular Referendum.
The Referendum in Maryland:
In Maryland, the State Constitution in Article XVI, Section 1 (a) says:
SECTION 1. (a) The people reserve to themselves power known as The Referendum, by petition to have submitted to the registered voters of the State, to approve or reject at the polls, any Act, or part of any Act of the General Assembly, if approved by the Governor, or, if passed by the General Assembly over the veto of the Governor;
The rest of this Article lay out the concrete requirements that must be met in order to successfully get a measure through to the ballot. Some highlights are:
SEC. 3. (a) The referendum petition against an Act or part of an Act passed by the General Assembly, shall be sufficient if signed by three percent of the qualified voters of the State of Maryland, calculated upon the whole number of votes cast for Governor at the last preceding Gubernatorial election…
The concrete and framework for collecting the signatures is set up in the Constitution of the State, but the regulating body has tremendous control over which and how signatures will be counted. This is relevant because unelected bureacrats in State and County governments in Maryland have thrown ballots out over such issues as signatures being illegible — in Montgomery County, thousands of petition signatures were thrown out in 2010 because the signatures were illegible. The printed names, addresses, and other relevant information were deemed acceptable, but more than 50% of the petitions were discarded. Washington Post Story at this link.
The referendum process was been successfully used (that is, brought to the ballot) 17 times between 1915 and 1991. The petitioners who opposed the law succeeded in getting the laws rejected 7 times. Here is a PDF that tells the history of the Maryland referendum. Also, here: Maryland referendum pamphlet c.1995 Courtesy, Maryland Department of Legislative Services.
The Current Drive for Referendum:
Delegate Neil Parrott is leading an attempt to gather enough signatures to get SB167 put on the ballot for the 2012 general election.
MORE INFORMATION ABOUT SB167 CAN BE FOUND AT THIS LINK
In order to get this done, per the Maryland Constitution, Article XVI, Section 3, petitioners must gather a number of signatures of Maryland registered voters equal to 3% of the number of votes cast for governor in the most recent Gubernatorial election (the 2010 election, in this case).
Let’s do the math on this:
The official numbers from the Maryland Board of Elections indicate that a total of:
1,857,880 votes were cast in the 2010 general election
1,857,880 x .03 (to get 3%) = 55,736.40
Since .4 people cannot vote, we will round this number up to 55,737. This is how many valid petitions must be collected and turned in to the State to get the SB167 put on the ballot.
When turning in signatures, we have to use history as a lesson. Many signatures will be invalidated, or “tossed-out” by the State. We must be sure to get only valid signatures, and get more than we think we need.