Distribution Requirements
A distribution requirement is a legislative or state constitutional mandate requiring that petitions for a ballot measure must be signed by voters from different political subdivisions – such as counties – in order for the ballot measure to qualify for the ballot. Distribution requirements have been struck down in five states, and are currently under legal challenge in three.
Supporters of distribution requirements argue that they are a way of demonstrating “widespread support” for a ballot measure because registered voters from a variety of political subdivisions signed petitions for the ballot measure. In reality, these requirements diminish the voice of voters in certain districts while unfairly amplifying the voice of voters in others.
Distribution requirements can significantly drive up the cost of petition drives by forcing signatures to be collected in sparsely populated areas. Federal courts have ruled that these requirements are so onerous on the free speech rights of petition proponents that they violate the constitution. In addition, courts have ruled that distribution requirements violate the equal protection clause – one person, one vote – because they require distribution over subdivisions that aren’t equal in population. Distribution requirements have been struck down in Illinois, Idaho, Utah, Montana, and twice in Nevada.
The following states currently have distribution requirements: Alaska, Arkansas, Florida, Maryland, Massachusetts, Mississippi, Missouri, Montana, Nebraska, Nevada, Ohio, Utah, and Wyoming.
Currently, distribution requirements are under legal challenge in Nebraska, Nevada, and Ohio.