ABSTRACT
This chapter identifies the most common regulations of direct democracy in the United States. States generally impose regulations on three phases of the initiative process: the preparation and content of an initiative; the circulation of an initiative petition to gather enough signatures to qualify for the ballot and the election procedures for ballot-qualified initiatives. There are two common regulations governing ballot initiative preparation and content: prohibiting ballot initiatives on specified subject matters and limiting any one ballot initiative to a single subject. All states have adopted significant regulations on the signature gathering process, but the type and rigor of these regulations varies significantly from state to state. The exercise of direct democracy in the United States varies greatly depending upon the state. Which states' regulations are the "best" is dependent upon what policy goals one sets. Reflecting upon referendum best practice first requires consideration of what is meant by "best practice.".
