Const. Art. Art. Majority to pass: Yes (NDCC Const. 116.110). Timeline for collecting signatures: Not more than 24 months (A.R.S. Timeline for taking effect: Thirty days after the election at which it was approved (Const. Art. Alaska: 1959Arizona: 1912Arkansas: 1920California: 1911Colorado: 1910Idaho: Constitutional provision adopted1912, laws specifying mechanics adopted 1933Maine: 1908Maryland: 1915Massachusetts: 1917Michigan: 1908Missouri: 1908Montana: 1906Nebraska: 1912Nevada: 1904New Mexico: 1911North Dakota: 1914Ohio: 1912Oklahoma: 1907Oregon: 1902South Dakota: 1898Utah: 1900Washington 1912Wyoming: 1968, Four states have no restrictions on what sorts of laws can be subjected to the popular referendum: Arkansas, Idaho, Maine and North Dakota. 3, 52(b) and Wyo. 116.115). This practice was first adopted by the state of Connecticut in 1818, and by the 20th century it had become the prevailing way of changing constitutions. After certification for the ballot, the joint committee on legislative research holds a public hearing in Jefferson City to take public comments regarding the measure (V.A.M.S. In 1921 the voters of North Dakota removed from office the governor, attorney general, and commissioner of agriculture. The following is not a legal, comprehensive list of every campaign finance law governing the initiative process in each state, but rather provides a starting guide of where to find relevant statutes: Nine states have an explicit process for withdrawal of an initiative from circulation: Proponents may any time before measure qualifies for the ballot, 131 days before the general statewide election. Geographic distribution: Yes, signed by qualified voters equal in number to 15% of those resident in at least two-thirds of the counties of the state, as determined by those who voted in the preceding general election in that county (Const. Art. II, 1g). Const. 6, 1). The attorney general reviews the ballot title after signed petitions are turned in (34 Okl.St.Ann. Petition title and summary creation: Proponents (Neb. Art. Art. Conflicting measures: The measure receiving the greatest number of affirmative votes becomes law (Ark. States with geographic requirements using entities that are unequal in population, such as counties or even state legislative districts, are more likely to have the requirement challenged in court (for example, see Montana). And secretary of state will hold public hearings at least 95 days before the election (O.R.S. In the United States, amendments to state constitutions also must be put before the voters for approval. 1953 20A-7-204). Legislature or other government official review: Attorney general and Supreme Court are part of the signature verification process and the ability of the public to protest as to the constitutionality of the measure. If passed by legislature, it is subject to the referendum (M.C.L.A. Const. 11 5). III, 2). Withdrawal of petition: Any time more than 70 days before the election, a majority of the members of the committee that represents the petition may withdraw the petition by providing written notice to the secretary of state (ORC 3519.08). Allowed to pay another for their signature: Prohibited (IC 34-1821). Who creates petitions: Proponents with advising by attorney general (Cal.Elec.Code 9012), Fiscal review: Prepared by attorney general, department of finance and the legislative analyst office (Cal.Elec.Code 9005; Cal.Gov.Code 12172). 1). Not more than 5% of qualified electors, based on total number of votes cast for governor at last preceding gubernatorial elections. 13, 1). 168.474a; 168.486; 168.477; 168.32). Proponent financial disclosure requirements: Include but may not be limited to regulations on contributions, deadlines for filing reports, airing electioneering advertisements, statements, political communications, solicitation from certain groups and expenditures (O.R.C. III, 5(1)). V, 3 and 34 OS 1, 4 and 8). 19, 3 and NRS 295.0575). Amend. Proponent financial disclosure requirements: A ballot question committee includes any person, located within or outside Arkansas, who receives contributions or makes expenditures for the purpose of expressly advocating the qualification, disqualification, passage or defeat of any ballot measure. The title may be different from the legislative title, but in all cases the legislative title shall be sufficient (Const. In some states, the legislature or governor may order a special election for a measure. Signature gathering begins on a date specified by the secretary of state and cannot be less than 15 or more than 30 days from the date when all appeals and rehearings have been resolved or have expired. 14, 3), Ballot title and summary: Proponents but certified by state board of elections and reviewed by attorney general (see 10 ILCS 5/28-5; 10 ILCS 5/16-6; 5 ILCS 20/2), Time period restrictions before placed on the ballot: Filed at least six months before the election with the secretary of state (ILCS Const. Art. 5, 6; 34 Okl.St.Ann. IV, 1, Pt. Code 23-17-3), Which election is a measure on: Statewide general election (MS Const. 5, 1). Const. II, 1a; 1b). Repeat measures: Two years (MS Const. If the attorney general does not approve of the statement, he or she prepares one themselves (MCA 13-27-312). Allowed to pay another for their signature: Prohibited (AS 15.45.340(c)). Petitions may be signed at any time after an act is passed and must be submitted by June 1. In order to receive contributions or make expenditures in excess of $1,500 in a calendar year, groups must form a committee for political action and register with the secretary of state. 14, 3 and 10 ILCS 5/28-9), Collected in-person: Yes (10 ILCS 5/28-3), Withdrawal process of individual signature: By written request before submission of the petition to state board of elections or an officer with whom filing of the petition is required (10 ILCS 5/28-3). backwoods banned in california Utah: The governor must decide that two measures are in conflict (U.C.A. Subject restrictions: The power of referendum does not extend to acts making appropriations for state institutions or to meet deficiencies in state funds (Const. A warning to signers is required (CRS 1-40-110). Const. Types allowed: Indirect initiative for constitutional amendments, NOTE:In 2021, the Mississippi Supreme Court. 34-1809). U.C.A. Withdrawal process of individual signature: A voter may have their signature removed by submitting a statement requesting such to the county clerk no later than the earlier of 14 days after the day the voter signs a statement requesting removal or 45 days after the clerk posts the voter's name under 20A-7-306(3)(c). 1-40-106 and 1-40-107). Code 13-309). Art. Direct primaries. 19-121.01; 19-121.04). Art. Next general election at least four months after filing the signatures. Rev. 3519.21; 3519.01; 3519.03), What is on each petition: Full copy of the title and text of the law, room for signatures and information of signers, a signed circulator statement, circulators name and address, name of employer of circulator, summary, attorney generals certification, a notice, and names of at least three of the committee members sponsoring the initiative (OH Const. II, 1b), Types allowed: Direct statutory and constitutional amendment initiatives, and popular referendum, Single subject rule: Yes (OK Const. hired children as a source of cheap labor. First general election to be held not less than 30 days after the filing ofthe petition. 116.332). Welcome to Gila County Collected in-person: In the circulator's presence (V.A.M.S. III, 52(b) and Mo.Rev.Stat. Timeline for taking effect: Thirty days after governor proclaims election results, which happens within 10 days after the vote has been canvassed and determined. Art. Proponent financial disclosure requirements: There is a principal circulator whose information is publicly available upon request (NRS 32-1406). III, 52(a) and 53). Petition for Initiative. Const. This same process also applies to individual petition districts (NRS 293.1277). XI, 7 and AS 15.45.250). Should this bill be: Approved. 2, 9; M.C.L.A. Const. Art. Prior to receiving a contribution or making an expenditure, a campaign must designate a treasurer by filing with the secretary of state. 16, 6; N.R.S. Const. Under the optional referendum, a specified number of voters may, by petition, demand a popular vote on a law passed by the legislature (a process similar to the initiative). The use of the device gained momentum with the emergence of groups concerned with specific issues such as civil rights, abortion, capital punishment, nuclear power, tax policies, handgun control, and the environment. Art. III, 52(a) and Mo.Rev.Stat. Art. 72.050 and .060). Repeat measures: 5 years on any measure that is "substantially the same as that defeated by" the previous measure (W.S.1977 22-24-301). Art. Simply copying another student's . II, 10(a)). V, 1(6) and C.R.S. 14, 3), Majority to pass: Three-fifths of those voting on the amendment itself or a majority of those voting in the election (ILCS Const. ; The referendum process allows citizens to refer a law that passed the legislature to the ballot for voters to decide whether to uphold or repeal the law. If they win they keep their seat for the remainder of their term, if they lose they are removed from their term immediately. What is on each petition: Full text of proposed amendment for amendments, a prescribed warning, and follow other guidelines such as form (M.C.L.A. Art II, 10 and Elec. (IC 34-1803B). Art. A ballot summary is prepared by Department of Legislative Services and approved by attorney general Elec. Who can sign the petition: Legal voters (Const. A legislature committee also reviews the measure by a deadline (N.R.S. 5, 2; Constitution 48, Init., Pt. Art. 7-9-111. Oregon requires the election as a whole to have had at least 50 percent voter turnout, but only requires a majority to pass (OR Rev. Code 23-17-3; MS Const. Const. Select a State with Popular Referenda to Learn More. If you desire to vote for the retention of the act, mark X in square opposite the words 'FOR APPROVAL OF THE ACT.' Initiative and referendum are powers granted to the electorate by the constitution of several states, and refer to the processes that allow voters to vote directly on certain legislation. Which election: Next regular general election (Const. Utah: For indirect initiatives, the legislature may make technical changes only, and prepare a legislative review note and a legislative fiscal note on the law proposed by the initiative petition. 2, 4, Pt. 5, 1). Const. Art. Sponsors draft summary and submit to board of state canvassers for approval. Majority to pass: Yes (Ark. If the petitions were filed at least 165 days before the election and the submission deadline has not passed, and the signatures are deemed insufficient, petitioners may submit more signatures. Advantages. Submission deadline for signatures: Within 90 days after the enactment date of the statute (Const. Art. Art. Fiscal review: Yes (W.S.1977 22-24-309). Disclosure reports must be filed 60 days before the election, on the fifth and 20th day of each month until the election, the 20th day of November after the election and the 20th of January each year. Art. Art. 22-24-407. 6), Collected in-person: Yes (34 Okl.St.Ann. Cure period for insufficient signatures: Upon notice that the petition was improperly filed, sponsors may amend and correct the petition by circulating and filing a supplementary petition within 10 days of the date that notice was given if 90 days have not expired after the adjournment of the legislative session in which the act was passed (AS 15.45.400). Art. Const. Which election is a measure on: General election (I.C. Semiannual statements of contributions and expenditures are due July 31 and January 31. Art. St. 32-1416). 21). Rponses possible : a. Citizens come up with and vote on their own laws Pros: 1. The requirements for an election with statewide ballot measures vary greatly by state. Vote requirement for passage: Majority (Const. 3519.21). Art. Petition title and summary creation: Lieutenant governor (Const. For indirect statutory initiatives, the timeline begins on Jan. 1 of the year preceding year in which a regular session of the legislature is held and then filed by the second Tuesday of November in an even-numbered year, or the next day (N.R.S. Conflicting measures: Measure with the most affirmative votes prevails (OH Const. Proponent organization and requirements: Primary sponsors file names with secretary of state, and a principal circulator is listed (Neb. Rule 2.36; Okl.St.Ann. Art. Proponent financial disclosure requirements: Include but may not be limited to being covered by the states campaign finance laws, must follow reporting rules, and file statement of organization (RCWA 42.17A.005; 42.17A; 42.17A.205). 34-1802). Who can sign the petition: Electors (Const. III, 2). What is on each petition: Must be in substantially the same form as initiative petitions, containing a title, a warning and the full text of the act (IC 34-1801A). Const. Who creates petitions: Sponsors (A.C.A. Proponent organization and requirements: Each proponent must certify that s/he is a US citizen, at least 18 years old, and a resident of California, and must provide public contact information (Const. Where to file: Secretary of state (Const. Application process information: A prospective petition must be filed with the secretary of state. Must include the language "a committee for/against Proposition __" in any reference to the committee required by law (Govt. In order to suspend effectiveness of the act pending a vote, signature requirement is 10% (Const. In every state, a constitutional amendment requires a vote of approval. 3, 52(e)) with the assistance of the attorney general (Wyo. Art. Verification: The secretary of state employs a representative random sampling by the use of questionnaires, postcards, telephone calls, personal interviews, etc., or any combinations thereof, to determine the validity of the signatures (NDCC 16.1-01-10). 168.471 and M.C.L.A. Const. Art. 1953 20A-7-202; U.C.A. Amending or diverting funds from a referendum measure requires a three-fourths vote of the members of each house of the legislature, and the amendment must further the purposes of the measure (Const. Allowed to pay another for their signature: Prohibited (Elec. 1-40-111), Nebraska (Neb. For statute, 8% of total votes cast for governor in last general election. Geographic distribution: 3% of total votes cast for the office of governor from at least 15 counties (Const. 8; 17). 54, 53). Proponent financial disclosure requirements: Registration is required prior to making an expenditure for or against a ballot measure; group name must include the title or common name of the measure if the group intends to make more than 50% of its contributions or expenditures toward a single measure (AS 15.13.050). The required signatures must be distributed equally among all of the petition districts (NRS 295.012 and NRS 293.127563). Once an initiative is on the ballot, An example of an advisory referendum is Question 5, Gathering Information: Monitoring Your Progress. 1-45-103, 1-45-108.3, 1-45-111.5 1-45-117). The legislature has four months to pass the bill in amended or unchanged form. 3519.22). Which election is a measure on: The next statewide election unless the legislature or governor convenes a special election for it or the governor designates a vote at the primary election (OK Const. The ballot title may be distinct from the title of the law that is the subject of the petition (Utah Code 20A-7-308). 7-9-111). Art. Circulator oaths or affidavits: Yes (M.C.L.A. For indirect initiative states, this review process involves the legislature and can be quite extensive. Number of signatures required: Not more than 5 % of the qualified electors, based on the total number of votes cast for governor at the last preceding gubernatorial elections (Const. 3, 52(g) and Wyo. Circulator requirements: 18 years of age (NRS 32-629 and -1404). 2, Sec. Criminal background check done for paid circulators with additional restrictions. Art. Proponent organization and requirements: A committee of three applicants must be designated to represent the sponsors in all matters pertaining to the petition. Where to file with: Secretary of state (Miss. Withdrawal process of individual signature: By giving written notice to the lieutenant governor before the date the petition is filed (AS 15.45.350). Art. 1953 20A-7-208; 20A-7-702). Public review or notice: Any voter or group on or before July 20 may file an argument of 500 words or less. III, 5(1)). Art. What is on each petition: Petition includes original title of the act to be referred and a statement by signers. Must be a true and impartial statement of the purpose of the measure (MCL 168.482b and 168.22e). Law 16-401(a)(1)). 6, Gen. The committees select a chair and may prepare arguments and rebuttals, which will be reviewed by the secretary of state for the ballot (N.R.S. 3519.05; 3501.38). Number of signatures required: Three % of the votes cast for governor at the preceding biennial state election to submit to the legislature. Art. Art. They also randomly select signatures on each page and compare them to the electors' signatures in the registration records. 1-40-106). Art. 16-906, 16-926), Petition title and summary creation: Proponents, description not to be more than 200 words (A.R.S. Proponent organization and requirements: Must follow financial statutes and file with Ethics Commission (A.C.A. Ballot title and summary: Attorney general after receiving written comments from the Legislative Research Council (SDCL 12-13-25.1). 2, 19; Amalgamated Transit Union Local 597 v. State of Washington, 11 P.3d 762, 2000), Other subject restrictions: None (RCWA Const. XLVII, Pt. Art. IV, 1(4)). For constitutional amendment initiatives, 4 % of the resident population (NDCC Const. There must also be a five-person committee of those who favor rejection, comprised of individuals appointed by the governor, attorney general, president of the senate and speaker of the house eachthe fifth member is appointed by the four previous members. Does the law in question take effect before the referendum vote: Non-emergency laws subject to referendum do not take effect until 30 days after voter approval. Cannot have been found guilty of a criminal felony or a violation of election laws, fraud, forgery or identification theft, Cannot have been convicted of or pled guilty to crimes involving forgery. Application process information: Requires 25 or more must signatures as a sponsoring committee and present the complete measure to the secretary of state for approval, one of whom which must be designated as chairman of the sponsoring committee. 2, 19; Amalgamated Transit Union Local 597 v. State of Washington, 11 P.3d 762 [2000]), Arkansas (AR Const. Petition title and summary creation: The secretary of state (W.S.1977 22-24-310). Art. Art. The next general election after signature petitions filed, a legislative session has convened and adjourned, and 120 days after the legislative session adjournment. 53 7). Art. 2, 9; Const. 74). The wording on the ballot must read: The legislature passed . The word, 'referendum' is often used for both legislative referrals and initiatives. What is on each petition: Full text of the measure, follow prescribed form, signatures, warning, fiscal impact and a simple statement of the gist of the proposition (OK Const. 19, 2; N.R.S. Art. III, 3) and at least 18 years of age (NDCC 16.1-01-09(4)). Timeline for taking effect: When approved by a majority of voters (Const. When formed as a ballot question committee, it must file campaign statements and other forms with the Nebraska Accountability and Disclosure Commission, all on a set timeline (NRS 49-1401). A report is also due no later than the 15th day after the deadline for filing the referendum petition. What was the purpose of implementing referendum recall and initiative quizlet? The secretary of state submits the title to the attorney general for approval when signed petitions are filed for verification. 116.025). Nine states do not include a process in statute for an individual to withdraw his or her signature. Art. 168.482; 168.544c). 901 and 1 M.R.S.A. 11 3), Collected in-person: No direct statute (F.S.A. 34-1812a, 34-1812b, I.C. Legislature or other government official review: Legislature reviews the indirect statutory initiatives. III, 52(b)). This was a highly popular proposal to reduce property taxes in the state by 57 percent. 5, 3; 34 Okl.St.Ann. 295.015). Collected in-person: Yes (N.R.S. 2, 3. For amendments, unless specified otherwise, July 1 following approval (MCA 13-27-105; MT CONST Art. Art. Art. 3, 3; NDCC, 16.1-01-09), Ohio (Const, Art. Must file quarterly reports. Art. Application process information: A sample sheet is submitted to the secretary of state before petitions may be circulated. Art. If there are insufficient state funds and the measure does not provide a source, it is effective 45 days after next regular legislative session. Initiative. This ensures that measures will not be passed by a small minority of voters, either because of a low turnout or ballot-drop off (where voters only vote partway through a ballot). Such statement shall in clear and concise language explain the effect of a vote for and against the measure in such language that the statement will not be intentionally an argument or likely to create prejudice, either for or against the measure (NRS 32-1410(2)). 6, Sec. Art. 12, 2). Code Ann. Initiative and referendum - Ballotpedia Subject restrictions: Laws providing for tax levies, appropriations for the current expenses of the state government and state institutions and emergency laws necessary for the immediate preservation of the public peace, health or safety (OH Const. III, 2. For constitutional amendments, 8% of total vote for governor in last election in each of two-thirds of the state's congressional districts. Code 9010 et. 106.19, 100.371, 120.54), Who creates petitions: Approved by secretary of state (F.S.A. 3, 52(e) and Wyo. 1953 20A-1-201; 20A-1-203; 20A-7-206). IV, 1). Attorney general prepares abstract to be posted at polling places (A.C.A. 295.009 with the secretary of state, and it may be amended pursuant to that statute (N.R.S. Art. Art. General review of petition: The secretary of state will appoint two, three-person committees, one for and one against the measure. Which election: General election (SDCL 2-1-17). It fails to qualify if under 90% and qualifies if at least 100%. N.R.S. Democracy and republican run against each other voters vote for one demarcate representative and one republican representative. Withdrawal process of individual signature: Can file a request with the county clerk any time before the petition is filed (N.R.S. Art. Art. A post-election report is due by Jan. 7. 16-906; 16-926; 19-111; 19-124), Proponent financial disclosure requirements: Include but are not limited to spending reports, establishing a bank account, and quarterly and pre-election campaign finance reports (A.R.S. First, they tend to be much shorteran average of 90 days. Subject restrictions: Laws passed by a two-thirds vote of the members of each house are not subject to referendum (Const.
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