A ballot question is “a question that is submitted or is intended to be submitted to a popular vote at an election whether or not it qualifies for the ballot.” In other words, ballot questions are an opportunity for citizens to directly vote on public policy issues. Ballot questions have increasingly become used as a mechanism to drive change or direct public policy in many states and on many issues.

Formally known as initiative and referendum petitions, these measures must comply with constitutional and administrative requirements that vary from state to state. To put a question on the ballot usually requires the signatures of tens of thousands of registered voters. Signature collection is fraught with peril as unregistered voters, duplicate signatures, forgeries and misprinted, mislabeled or misfiled signature sheets are subject to legal challenge. Strong legal efforts have invalidated enough signatures to knock a question off of the ballot before a vote can even take place. Strong defenses to such challenges have preserved the ballot questions.

Both the Communications Act and Federal Communications Commissions Rules impose specific sponsorship identification and other disclosure requirements with respect to all advertising concerning important public issues.

Our Political Compliance Team has extensive experience in providing legal and compliance services related to ballot question campaigns to amend the constitution, initiate legislation or repeal legislation. In addition to providing direct counsel to persons proposing or opposing a ballot campaign, our firm has been involved in a number of legal challenges related to ballot campaigns.

List of ballot questions in which Dykema has been involved.