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Executive and Legislative Powers to Amend or Overturn Initiatives Passed by the Voters

As outlined in the chart below, the statewide initiative process is available to the citizens in 24 states.

State	Date adopted	Type of process available		Type of Initiative process available		Type of initiative process used to propose Constitutional Amendments		Type of initiative process used to propose States (Laws)
State	Date adopted	Initiative	Popular Referendum	Constitutional Amendment	Statute	Direct (DA)	Indirect (IDA)	Direct (DS)	Indirect (IDS)
AK AZ AR CA[1] CO	1956 1911 1910 1911/66 1912	Yes Yes Yes Yes Yes	Yes Yes Yes Yes Yes	No Yes Yes Yes Yes	Yes Yes Yes Yes Yes	No Yes Yes Yes Yes	No No No No No	No Yes Yes Yes Yes	Yes No No No No
FL ID IL [2] KY ME	1972 1912 1970 1910 1908	Yes Yes Yes No Yes	No Yes No Yes Yes	Yes No Yes No No	No Yes No No Yes	Yes No Yes No No	No No No No No	No Yes No No No	No No No No Yes
MD MA MI MS[3] MO	1915 1918 1908 1914/92 1908	No Yes Yes Yes Yes	Yes Yes Yes No Yes	No Yes Yes Yes Yes	No Yes Yes No Yes	No No Yes No Yes	No Yes No Yes No	No No No No Yes	No Yes Yes No No
MT[4] NE NV NM ND[5]	1904/72 1912 1905 1911 1914	Yes Yes Yes No Yes	Yes Yes Yes Yes Yes	Yes Yes Yes No Yes	Yes Yes Yes No Yes	Yes Yes Yes No Yes	No No No No No	Yes Yes No No Yes	No No Yes No No
OH OK OR SD[6]	1912 1907 1902 1898/72/88	Yes Yes Yes Yes	Yes Yes Yes Yes	Yes Yes Yes Yes	Yes Yes Yes Yes	Yes Yes Yes	No No No No	No Yes Yes Yes	Yes No No No
UT WA WY	1900/17 1912 1968	Yes Yes Yes	Yes Yes Yes	No No No	Yes Yes Yes	No No No	No No No	Yes Yes No	Yes Yes Yes
Totals	27 states	24 states	24 states	18 states	21 states	16 states	2 states	14 states	9 states

[1] In 1996 California repealed the in-direct initiative process for statutes.

[2] In Illinois, the subject matter of proposed constitutional amendments is severely limited to legislative matters. Consequently, initiatives seldom appear on the ballot.

[3] Mississippi first adopted the initiative process in 1914 but a State Supreme Court ruling voided the election. The process was “readopted” in 1992.

[4] In 1972 Montana adopted a provision that allows for directly initiated constitutional amendments.

[5] In North Dakota prior to 1918, constitutional amendments could be initiated only indirectly.

[6] In 1972 South Dakota adopted a provision that allows for directly initiated constitutional amendments. In 1988 South Dakota repealed the in-direct Initiative process for statutes.

Of the 24 initiative states, 18 allow the citizens to propose amendments to the state constitution. If a constitutional amendment proposed by initiative is adopted by the voters, the only way that it can be changed is through another constitutional amendment that has been proposed by either the state legislature or the people using the initiative process. In all cases, the new amendment must be placed on the ballot for voter approval.

Of the 24 initiative states, 21 (88%), allow the citizens to propose statutes through the initiative process. In these states, the legislature’s ability to amend or repeal the initiative statute varies. Here are some key facts:

Eleven of the 21 states allow the state legislature to amend or repeal an initiative statue at any time after its adoption by a simple majority vote of both houses.
Ten of the 21 states impose restrictions on how the state legislature can change initiative statutes. Nevada, for example, prohibits legislative amendment or repeal for three years after passage of the initiative. Alaska and Wyoming permit simple majority amendments at any time but prohibit a legislative repeal of the initiative for two years after its passage. Michigan requires a three-fourths vote of the legislature to amend or repeal an initiative (unless otherwise specified by the initiative.) Arkansas imposes a two-thirds legislative vote requirement, and North Dakota requires a two-thirds legislative vote but only in the first seven years after enactment.
Only one of the 21 states, California, doesn’t allow the state legislature to repeal or amend statutory initiatives at any time.
The Governor cannot veto initiatives passed by the voters in any of the 24 initiative states.

Legislative and Executive Power to Change or Repeal Initiative Laws

State	Legislative Power Regarding Statutory Initiatives	Executive Power
Alaska	Can repeal only after two years; can amend anytime	Cannot veto
Arizona	Cannot repeal; but, can amend an initiative law if the amending legislation furthers the purposes of such measure and at least three-fourths of both houses, by a roll call vote, vote to amend the measure	Cannot veto
Arkansas	Can repeal or amend by a 2/3 vote of each house	Cannot veto
California	Can not repeal or amend unless permitted by the initiative	Cannot veto
Colorado	Can repeal and amend at any time	Cannot veto
Florida	Florida’s initiative process only allows constitutional amendments.	Cannot veto
Idaho	Can repeal and amend at any time	Cannot veto
Maine	Can repeal and amend at any time	Cannot veto
Massachusetts	Can repeal and amend at any time	Cannot veto
Michigan	Can repeal and amend by a ¾ vote of each house or as otherwise provided by the initiative	Cannot veto
Mississippi	Mississippi’s initiative process only allows constitutional amendments	Cannot veto
Missouri	Can repeal and amend at any time	Cannot veto
Montana	Can repeal and amend at any time	Cannot veto
Nebraska	Can repeal and amend with a 2/3 vote of the unicameral	Cannot veto
Nevada	Can repeal or amend after three years of enactment	Cannot veto
North Dakota	Can repeal or amend by a 2/3 vote of each house for seven year after passage, majority vote thereafter	Cannot veto
Ohio	Can repeal and amend at any time	Cannot veto
Oklahoma	Can repeal and amend at any time	Cannot veto
Oregon	Can repeal and amend at any time	Cannot veto
South Dakota	Can repeal and amend at any time	Cannot veto
Utah	Can amend only at subsequent sessions	Cannot veto
Washington	Can repeal or amend by a 2/3 vote of each house during the first two years of enactment, majority vote thereafter	Cannot veto
Wyoming	Cannot repeal for at least two years after enactment, but may amend at any time	Cannot veto

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Executive and Legislative Powers to Amend or Overturn Initiatives Passed by the Voters

Legislative and Executive Power to Change or Repeal Initiative Laws