Review the Special Laws Regarding Petition Circulation
Residency and Age Requirements
More than half of the states in the U.S. require that petition circulators be eligible to vote in the state they are petitioning in. This includes requiring that they be at least 18 years of age and a resident of the state. The philosophy behind such requirements is that the people who circulate petitions to change state law or the constitution should have a vested interest in the issue.
Paid vs. Volunteer Petitioners & Disclosing Status
Depending on the type of petition you are launching, you may need to know your state’s laws, as well as nationwide laws on paid petitioning practices and which information you need to disclose.
Today, the vast majority of petition campaigns use paid circulators, who are paid between $1 and $3 per signature.
Several states have tried to ban payment per signature, but do permit payment on a salary or hourly basis. These restrictions have met with mixed review in the federal courts. Presently, seven states have such bans (Colorado, Montana, Nebraska, North Dakota, South Dakota and Oregon) and five states have had them held unconstitutional (Idaho, Maine, Mississippi, Ohio and Washington).
Learn more about state and federal legislation governing petitioners by visiting the National Conference of State Legislatures website.
Rules for Collecting Signatures at Shopping Malls and Retail Stores
Depending on your state, you may want to check where you can and cannot collect petition signatures. The right to collect petition signatures does not always extend to all commercial private property open to the public, though not clearly spelled out in state laws. Petitioners are typically encouraged to use best judgment on when and where to petition, and must not interfere with what other people are doing on the property. Certain businesses may have policies for or against permitting non-commercial, community or political activities on the property. For further information, you may wish to have legal counsel review your petition and provide guidance on acceptable locations to petition in your area.
Collect at Least 10 Signatures from Registered Voters
Depending on the type of petition you are collecting signatures for, if it is for any official local legislation change, to help make sure that each person signing your petition actually reads the proposed measure, have each signer put his or her initials on each page. You must collect at least 10 signatures from registered voters at this stage in the process. You should collect more than 10 signatures to make sure that any issues with a signature or a signer’s voter registration status will not invalidate the petition.
Each signer must also file a certificate of voter registration from the board of registrars or election commission in the town or city where the signer is a registered voter. The certificate must show the address at which the signer is registered. Each certificate of voter registration must be signed by at least three members of the board of registrars or election commission. Stamps of registrars’ or election commissioners’ signatures are acceptable.
You can collect voter registration certificates at the offices of local election officials.
Illegal Petition Signature Capturing Methods
Depending on your state, the following means of collecting signatures for a petition may be prohibited:
Offering payment to sign/not sign a petition
Coercing to sign/not sign petition
Misrepresenting contents of petition, or refusing to let signers read it
Circulating a petition not in its entirety
Forging names on a petition
Permitting one person to sign for another
Offering, seeking or receiving payment to abandon, sell or destroy a petition
Using a petition for extortion or blackmail