Const. 19, 3; Art. Const. Art. 12, 2). 4, 3; Constitution 48, Init., Pt. XVI, 3(d)). Secretary of state must establish by rule and collect filing fees (RCW 43.07.120). 34, 1, Const. 19, 2; N.R.S. Ban struck down by courts (RCWA 29A.84.280; LIMIT v. Maleng, 1994). Law 6-205(d)). 353, M.G.L.A. 22-24-416). Proponent financial disclosure requirements: Political committee must file a statement of organization. Const. Proponent financial disclosure requirements: Include but are not limited to being a ballot question committee is treated as a type of political committee, filing electronic campaign finance reports, where a committee can spend, and unlimited contributions to a ballot question committee (M.G.L.A. Timeline for taking effect: Upon publication of the certificate by the secretary of state of the result of the vote (Const. Subject restrictions: No law that relates to religion, religious practices or religious institutions; or to the appointment, qualification, tenure, removal or compensation of judges; or to the powers, creation or abolition of courts; or the operation of which is restricted to a particular town, city or other political division or to particular districts or localities of the commonwealth; or that appropriates money for the current or ordinary expenses of the commonwealth or for any of its departments, boards, commissions or institutions shall be the subject of a referendum petition (Const. Art. M.C.L.A. Const. Allowed to pay another for their signature: Prohibited (NDCC 16.1-01-12). XLVII, Pt. 168.32). IV, 1(10). Repeal or change restrictions: No veto by governor. Timeline for taking effect: Thirty days after the official declaration of the vote unless provided otherwise in the measure (Mississippi Const. 15% of the total vote cast in the last election in at least of two-thirds of the counties. It is referred to the attorney general for approval (Mo.Rev.Stat. Time period restrictions before placed on the ballot: Signatures submitted to appropriate state officials at least 10 days before submitted to secretary of state, which is the 50th day of the first regular session or the 25th day of the second regular session (21-A M.R.S.A. For statutory initiatives, 2% of residential population according to the last federal decennial census. Where to file with: Secretary of state (MCA 13-27-202). Secretary of state, official committee that filed and approved by attorney general. 5, 1; M.G.L.A. Rev. The chief petitioners must notify the secretary of state that at least one person will be paid, and it will say this on the petitions. Art. sought government regulation of child labor. 168.32). Art. Who creates petitions: Petition filed by proponents is certified by attorney general, ballot board, and secretary of state (O.R.C. Const. Application process information: Must file petition form draft that must contain an enacting clause and the full text of the measure no later than six months before election (V.A.M.S. II, 1b). 5, 1; Amend. Art. Petition sheets also always include space for signatures. Art. Art. Tit. Art. III, 5 and 6; NDCC 16.1-01-09(7). Question 3. Reports of contributions received and expenditures made must be filed at least seven days before any primary, special or general election. Stat. II, 1c). IV, 1). 23-17-21). How to Write an Initiative? Verification: The secretary of state shall by rule designate a statistical sampling technique to verify whether a petition contains the required number of signatures (ORS 250.105). Unclear; the statute describing the titling process by the attorney general specifically mentions initiative measures and constitutional initiatives but does not mention popular referenda. Art. Art. It fails to qualify if under 90% and qualifies if at least 100%. Art. With the assistance of the secretary of state, the attorney general shall prepare a brief explanatory statement that must fairly describe the intent and content and what a "yes" vote favors and a "no" vote opposes (1 MRS 353). II, 10). 7-9-404; 405; 406; 407; 408; 409, California: Cal.Gov.Code 82013, 84200, 84202.3, 85309, 84511, 84101, Cal.Elec.Code 18680; Form 460, Colorado: C.R.S.A. 6, 1; U.C.A. 15% of the votes cast for governor in the preceding election in a majority of legislative districts is required to suspend operation of an act pending the election (Const. 3501.38). 168.544c). From 15 different counties, with each countys petition having signatures of at least half of the designated percentage of electors of the county. Cannot be same as a measure at either of the two preceding biennial state elections. XVI, 1; O.R.C. CONST. If they refuse, the measure is declared insufficient and does not appear on the ballot (A.C.A. For a direct initiative, unless otherwise specified, they do not take effect until five days after the date of the official proclamation by the governor (U.C.A. General review of petition: None other found. 34-1804, 34-1809). The guidelines for the format and content of petitions vary by state. The legislature has four months to pass the bill in amended or unchanged form. Art. If such activity occurs within 30 days of an election, a statement must be filed within 48 hours. Art. Democracy Definition Examples Cases Processes. Time period restrictions before placed on the ballot: Petitions cannot be filed more than 65 days before the deadline. 5, 1), Who can sign the petition: Registered electors who will be eligible to vote on the measure (C.R.S.A. 1-40-105). Other types of review might include recommendations on wording. 23-17-17). Circulator requirements: According to secretary of state's. Petitions must be submitted not more than 90 days after the end of the session at which the act was passed. 54, 22A, Missouri: Mo.Rev.Stat. 1953 20A-7-206; 20A-7-206.3; 20A-7-207). Withdrawal of petition: Anytime more than 70 days before the election, a majority of the committee members may withdraw the petition by writing to the secretary of state (O.R.C. b. actions at New England town meetings. Rev. What is on each petition: Petition must include the full text of the measure, the affidavit of the circulator (Const. ch. 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. Submission deadline of signatures: For statute initiatives, no later than three months prior to the election the measure is to be voted upon, and must submit to the county officials no sooner than nine months and no later than four weeks prior to the final deadline (MT CONST Art. Petitions must be submitted to counties for verification four weeks before this deadline (MCA 13-27-301). II, 1(c)). II, 9(b)). May only be attempted once every three years. Random sample of at least 500 or 5% of the signatures, whichever is greater. 19, 2; N.R.S. 5, 1 and ACA 7-9-119). Verification: By actual count (as opposed to random sampling), but this is not spelled out in statute. All three have in common the fact that, at some point or other, the . The title of the act subject to the petition appears on the petition. Paid per signature: Yes (CRS 1-40-135(2). Code Ann. Art. Who creates petitions: The secretary of state prepares a "signature form (that) includes provisions for identification of the measure; the printed name, signature, and address of the committee member; and notarization of the signature" (NDCC, 16.1-01-07). Art. St. 32-628; 32-1546), Paid per signature: No ban, but must state whether the circulator is paid or volunteering on the petition (Neb. The second sampling must use a greater number of signatures than the first. In every state, a constitutional amendment requires a vote of approval. Collected in-person: Yes, In-person (21-A MRS 902). In Nevada, a constitutional amendment needs only a majority but must be approved in two consecutive elections (N.R.S. Const. The legislature may submit a competing measure to the ballot (M.G.L.A. The states vary in the number and the baseline used to determine the number of signatures required. A statement must be filed by a ballot issue committee supporting or opposing a measure not more than 35 days after the petition is filed (MCL 169.234). Accessible across all of today's devices: phones, tablets, and desktops. Submission deadline for signatures: Not more than 90 days after the law which is the subject of the petition has become law (Const. Allowed to pay another for their signature: Prohibited (SDCL 12-26-15). 19-112), Colorado (Const. The same title that was drafted for the petition also appears on the ballot (ORS 250.065). 3, 52(e) and Wyo. Repeat measures: More than two elections on the same general matter cannot be held within 12 months (NDCC, 16.1-01-11). In odd-numbered years, year-end reports are required. 1-40-108). 14, 3), Who can sign the petition: Registered Illinois voters (ILCS Const. Const. Who creates petitions: Lieutenant governor (Const. 74. Reports of contributions and expenditures are due quarterly in calendar years without elections. Legislature or other government official review: Reviews done by attorney general and legislative services division. Four states require a filing fee in statute. LXXXI, 4). Proponent organization and requirements: The sponsors must delegate a committee of three to five people to represent them, and must file if any signature gatherers will be paid (O.R.C. Subject restrictions: The power of referendum does not extend to acts making appropriations for state institutions or to meet deficiencies in state funds (Const. Submission deadline of signatures: Signatures must be filed one year prior to the election (SDCL 2-1-1.2). Art. Timeline for taking effect: Takes effect on the 5th day after the secretary of state files the statement of the vote (Const. IV, pt. Art. Cannot "pass a law authorizing any classification of property for the purpose of levying different rates of taxation thereon or of authorizing the levy of any single tax on land or land values or land sites at a higher rate or by a different rule than is or may be applied to improvements thereon or to personal property.". Vote requirement for passage: Majority (Const. The next general election after signature petitions filed, a legislative session has convened and adjourned, and 120 days after the legislative session adjournment. II, 9 and MCL 168.471). 72.130). Circulator oaths or affidavit required: Yes (Const. Some definitions of 'referendum' suggest it is a type of vote to change the constitution or government of a country. Number of signatures required: 5% of the total votes cast for governor at the last election (Const. 34-1801a, 34-1804, 34-1809, Illinois: ILCS Const. 48, Init., Pt. 3, 51; V.A.M.S. 5, 1). 14, 3). IV, 1 and NMSA 1-17-1). Number of signatures required: Five % of votes cast for governor in last election for stator. For constitutional amendments, 8 % of total vote for governor in the last election in each of two-thirds of the state's congressional districts (V.A.M.S. "Petition organizer" means a business entity that receives compensation for organizing, supervising or managing the circulating of petitions. Art. Law 7-103(c). A groups name must include the title or common name of the measure if the group intends to direct more than 50% of its contributions or expenditures toward a single measure. Which election: At the next ensuing election held throughout the state for members of the U.S. House of Representatives (Const. Withdrawal process of individual signature: Can file a request with the county clerk any time before the petition is filed (NRS 295.055). The sponsor may file a written notice to withdraw the initiative with the secretary of state. Verification: Each countys supervisor of elections will take a sample or verify every signature. III, 8). A statewide special election may be called for amendments. General review of petition: Code reviser or assistant code reviser reviews the proposal of the initial petition and recommends revisions or alterations in an advisory capacity only. 15, 273), Who can sign the petition: Qualified electors (MS Const. 295.056). 5, 1). Const. Circulator oaths or affidavits: No statute, Paid per signature: May be paid (F.S.A. Law 6-204(c)). 1-40-111). Clerks follow specific guidelines as to verification decisions in code. Repeal or change restrictions: Majority of legislature may repeal or alter any statute measure (OK Const. NDCC 16.1-01-12(1)(j), 16.1-08.1-02, 16.1-08-03. 100.371, 101.161; F.S.A. Public hearings are held in each congressional district (Neb. Art. Repeal or change restrictions: For statutes, may not be repealed by the legislature within two years of its effective date (Const. II, 9(b)) and eligible registered voters (Elec. The measure can be amended by a three-fourths vote in a joint session. 3, 18). Contributions in excess of $3,000 that are received after filing the pre-election report must be reported within 24 hours of receipt. Const. Ballot title and summary: Attorney general (Cal.Elec.Code 9004), Time period restrictions before placed on the ballot: At least 131 days prior to next general election it is to be voted on (Cal.Elec.Code 9016; Cal.Const. XVI, 1 and Elec. Proponents must turn in sheets each month (O.R.S. At general elections except when a special election is ordered by the legislature, and must be filed at least six months before the election it is to be voted on. Code Ann. Full and correct copy of title and text must be printed on petitions (NRS 32-1403). (NDCC Const. Art. Petition title and summary creation: Original filing includes a summary written by sponsors; approved by attorney general (ORC 3519.01(B)). Any person who pays or receives compensation to circulate a referendum petition must file a statement to that effect with the secretary of state before circulation begins. Petition bears the title of the bill it seeks to repeal, and the secretary of state drafts the ballot title that appears on the petition. II, 1c). Stat. 250.125; 250.067; 250.127, Utah: U.C.A. Names and addresses of sponsors must be listed, and they must sign to verify that they are registered voters (Wyo. Const. Petition title and summary creation: Attorney general (RCWA 29A.72.060), What is on each petition: Ballot title, summary, warning and full text of the measure (RCWA 29A.72.120; 29A.72.110). 3519.15; 3519.16). 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). Not more than 5% of qualified electors, based on total number of votes cast for governor at last preceding gubernatorial elections. Must be on good quality of paper in form and manner approved by the secretary of state (IC 34-1804). Art. 3, 50; V.A.M.S. 100.371). 19, 2), Types allowed: Direct initiative for statutes and constitutional amendments, and popular referendum. Number of signatures required: Eight % of the total number of legal voters for statutes. Submission deadline of signatures: For indirect measures, at least 10 days before the regular session that is the session that was 10 months out when the proposed measure was submitted. 168.482; 168.544c). IV, 1). 10% of total votes cast in previous general election, 5% of votes cast for all candidates for governor in previous election, 6% of total votes cast for the office of governor in the last general election, 5% of votes cast for all candidates for governor in the last gubernatorial election, 5% of votes cast for secretary of state in last election, 6% of the qualified electors at the time of the last general election, 10% of the total votes cast for governor in the last gubernatorial election, 3% of the votes cast for governor at the preceding biennial state election, 2% of the entire votes cast for governor at the preceding biennial state election, 5% of total votes cast for all candidates for governor in the last general election, 5% of the total vote cast for governor at the last election. Upon each of the ballots, following the ballot title or text, the words For the referred law and Against the referred law, must appear. 3501.38). Where to file: State Board of Election Commissioners (Const. In 2021, Idaho passed SB 1110, which would have required signatures from 6% of the qualified electors at the time of the last general election in all 35 legislative districts, but in August 2021, the Idaho Supreme Court blocked implementation of that law. Number of signatures required: 5% of total votes cast for governor at last election (OK Const. Reports of contributions and expenditures are due by the 15th of every April and October. Code Ann. All 23 popular referendum states require a simple majority to pass a popular referendum. Who creates petitions: Secretary of state prepares an official template for the cover sheet and signature sheets for each petition (ORS 250.052). 2, 8, 12). General review of petition: None other found. In the others, the measure goes directly to the ballot after it is submitted to the legislature. Const. If the attorney general does not approve of the statement, they prepare one themselves (MCA 13-27-312). Recall is the ability as a citizen to petition for a re-vote of an elected official who is believed to be ineffective. Art. Currently, for constitutional amendments signatures must be gathered from at least 2 % of the total registered electors in each state senate district (C.R.S.A. Timeline for taking effect: On and after the 30th day after it the initiative was approved by voters unless otherwise specified (RCWA Const. Art. Same must also be reported quarterly on April 15, July 15, Oct. 15 and Jan.15. Out-of-state committees that make expenditures supporting or opposing ballot propositions in Washington are required to file reports. 7-9-103). 4, Pt. II, 9 and MCL 168.471). Art. Art. Art. General review of petition: Within 20 days after initial petition filing, attorney general reviews and recommends revisions in an advisory capacity. 3, 3; NDCC, 16.1-01-09), Collected in-person: Yes (NDCC, 16.1-01-09). Proponent financial disclosure requirements: Include but may not be limited to groups supporting or opposing ballot measures are treated as political committees, no statute found limiting contributions to ballot measure political committees, designation of a treasurer, filing statements of organization, and follow account and reporting requirements (O.R.S. Const. If the total signatures meet 90 to 100 % of the requirement, the clerk checks all of the signatures until 100 % is reached. Code Ann. 6, Gen. Prepared by the Financial Impact Estimating Conference. 54, 53). 11 3). Const. III, 2; Bernbeck v. Gale, 59 F.Supp.3d 949 [2014]; 829 F.3d 643, United States Court of Appeals, Eighth Circuit). 54, 22A). Withdrawal of petition: One of three authorized people must submit a notice of withdrawal with the secretary of state (N.R.S. 116.332). Art. Const. Art. (Const. Constitution 48, Pt. II, 1). Most common are requirements that they be at least 18 years of age, a citizen, a registered voter and/or a resident of the state. 54 42A, 53; M.G.L.A. Application process information: For statutory indirect initiatives, proponents must file a copy of the text with the secretary of state no earlier than Jan. 1 of the year preceding the year in which a regular session of the legislature is held. Other subject restrictions: Must contain only subjects that are related or mutually dependent. Ballot title and summary: The Office of Legislative Research and General Counsel numbers the propositions and proposes a descriptive title summarizing the contents of the measure. Signatures must be submitted no later than 18 months after the petition form was furnished by the secretary of state, and each signature is only valid for one year. Paid per signature: Cannot be paid based on the number of signatures collected, but can be paid in general as long as disclosing with the secretary of state prior to collecting signatures (NDCC, 16.1-01-12; Initiative and Referendum Institute v. Jaeger, 2001). Some of these geographic distribution requirements have been found to be unconstitutional, largely on one person, one vote grounds. Art. Cure period for insufficient signatures: If signatures are determined to be insufficient, an additional 10 days is allowed to gather additional signatures (Const. Art. Art. Washington requires 60 percent approval for laws authorizing gambling or lotteries (Washington Const. Time period restrictions before placed on the ballot: Must be filed at least six months before the election it is to be voted on (V.A.M.S. Payment on a per-signature basis prohibited. Other subject restrictions: No amendment may change more than one section, no appropriations, and no local or special laws (MT CONST Art. Art. 32-1405). Law 6-103). XI, 5 and AS 15.45.410). Application process information: No fees or application, Where to file with: Secretary of state (M.C.L.A. 168.473b). Allowed to pay another for their signature: Prohibited (O.R.C. Art. 2, 9). . What is on each petition: Must follow prescribed form and include the provisions for identification of the measure, space for the printed name, space for the signature, address of the committee member, notarization of the signature and affidavit (NDCC, 16.1-01-07; 16.1-01-09). 7-9-114). 293.252). Proponent financial disclosure requirements: Include but may not be limited to each political committee filing with the secretary of state a statement of organization no later than 10 days after receiving at least $200 in contributions or spending at least $200, and any political committee or individual spending at least $200 must file monthly financial reports with the secretary of state (Miss. Two years for collection, and deadline of four months prior to the general election. Proponent financial disclosure requirements: Committees in support or opposition to a ballot measure are treated the same as political action committees. 130.046). Public review or notice: Public may comment for 15 days on petition once it is approved for circulation, and may attend hearing held by joint committee on legislative research, with comments from that meeting made public, and newspaper publication (V.A.M.S. 3, 52(f)). Six months to turn in signatures once petitions have been titled and certified for circulation, and filed no later than three months and three weeks before the election and made by 3 p.m. on the day of filing. Art. III, 4), Timeline for taking effect: Ten days (Ne.Rev.St. The ballot initiative, a form of direct democracy, is the process through which citizens exercise the power to place measures otherwise considered by state legislatures or local governments on statewide and local ballots for a public vote. Code 9014). If the legislature enacts the proposal, no further petition takes place and the proposal becomes law. Repeal or change restrictions: Governor may not veto. General review of petition: Attorney general can request advisory opinion on the constitutionality of a measure from the state supreme court (F.S.A. 1953 20A-7-202). The wording on the ballot must read: The legislature passed . Public review or notice: Public may comment on public and internet posting of measure by attorney general for 30 days and then proponents may amend the measure (Cal.Elec.Code 9002). Verification: Verification method not specified, but "In considering the sufficiency of a referendum petition the burden of proving that all signatures appearing on the page are genuine and that the signers are qualified electors of the county named on the page and are in all respects entitled to sign the petition shall be upon the sponsors of the petition, if it is apparent beyond a reasonable doubt to the secretary of state that twenty percent or more of the signatures on any one page thereof are fictitious, forged or otherwise clouded, or that the challenged petitioners were ineligible to sign the petition, which fact was known or could have been ascertained by the exercise of reasonable diligence on the part of the person soliciting the signatures on that page" (NMSA 1-17-11). Circulator oaths or affidavits: Yes, and notarized (A.R.S. VI, 1 and Utah Code 20A-7-102). Proponents submit descriptive ballot title reviewed by attorney general. Art. II, 1(d)). Art. Const. Withdrawal process of individual signature: The person must file a sworn statement with the secretary of state any time before the petition is filed (V.A.M.S. Petition for Recall. Collected in-person: Yes (AS 15.45.340(a)). Seventeen states have a statute in place noting that if two or more conflicting measures are on the same ballot, the measure receiving the most votes passes. First general election to be held not less than 30 days after the filing ofthe petition. Const. The title may be different from the legislative title, but in all cases the legislative title shall be sufficient (Const. (MGL ch. Public review or notice: Pro and con statements and explanations are made public prior to the election in newspapers, in public offices and on the secretary of states website (OH Const. Collected in-person: Yes, "In their own proper persons only " (Const. Art. Collected in-person: Implied (MCA 13-27-102), Withdrawal process of individual signature: Any time prior to official filing (MCA 13-27-301). V.A.M.S. 4, ; Const. Twelve% of total votes cast in last gubernatorial race for governor, V.A.M.S. Art. 218D.810; 293.267). Verification: County officials verify each signature, printed name, date of birth and address with the voter registration records to determine if the signer is a registered voter (NRS 32-1409). Prov., Pt. 4, Pt. Const. Geographic distribution: 3% of total votes cast for the office of governor from at least 15 counties (Const. Stat. Circulator requirements: Must just be at least 18 years old (N.R.S. 295.015). An estimated fiscal impact statement must be printed with any constitutional amendment or initiated or referred measure on the ballot. Collected in-person: Yes (N.R.S. 5 1). General review of petition: Reviews done by attorney general and legislative services division (MCA 13-27-202). General review of petition: Proponents may request review by secretary of state (Cal.Gov.Code 12172). 250.048; OR CONST Art. Art. III, 4; Neb. Which election is a measure on: General election (N.R.S. 1-40-106, 1-40-124.5). Proponent financial disclosure requirements: There is a principal circulator whose information is publicly available upon request (NRS 32-1406). Does the law in question take effect before the referendum vote: Suspended upon filing of petition signatures (Const. Otherwise, they may submit an alternative measure. Subject restrictions: Cannot be used on urgency statutes, statutes calling elections or statutes providing for tax levies or appropriations for current expenses of the state (Const. 15, 273 and Miss. 3; Const. Verification: Secretary of the commonwealth is directed to establish "regulations designed to achieve and maintain accuracy, uniformity, and security" (MGL ch. 8). 7-9-107). The following 11 states use a statistical sampling method to determine if petitions have enough valid signatures: Eleven of the popular referendum states specify a procedure by which a person may withdraw their signature from a petition. Art. 3, 1 and SDCL 2-1-1 and 2-1-5). 1-40-106; 1-40-107; 1-40-108. Const. Const. 21 1). Californians adopted the initiative process on October 10, 1911, becoming the tenth state to adopt this form of direct democracy. General election unless the legislature orders a special election. 2, 8). The same safe and trusted content for explorers of all ages. Art. Reports of expenditures and contributions received are required quarterly in nonelection years and monthly, March through November, in election years. Petitions must be submitted either before 5 p.m. 30 days after the first individual signs the petition or 40 days after the legislative session ends, whichever is earlier. Study with Quizlet and memorize flashcards containing terms like During the gold rush, white miners used nativism and racism to justify their violence against Native populations. 19, 6). 1-40-130, 1-40-111), Number of signatures required: Five % of votes cast for secretary of state in last election (C.R.S.A. Other subject restrictions: May not repeal/modify the state's Bill of Rights, amend/repeal provisions relating to the state's public employees' retirement system, amend/repeal right-to-work provision, or modify the initiative process, and special rules if includes expenditures (MS Const. (21-A M.R.S.A. Const. Const. Types Allowed: Direct initiative for statutes and constitutional amendments, and popular referendum, Single subject rule: Yes (MT CONST Art. 2, 10), Majority to pass: Yes (Cal.Const. Art. Stat. Submission deadline for signatures: June 1 (Const. II, 9). Allowed to pay another for their signature: Prohibited (RCWA 29A.72.110; 29A.72.120; 29A.72.130; RCWA 29A.84.250), Number of signatures required: Eight % of the votes cast for the office of governor at the last regular gubernatorial election prior to the submission of the signatures for verification (RCWA 29A.72.150), Who can sign the petition: Legal voters (RCWA 29A.72.120), Collected in-person: Yes (RCWA 29A.72.120), Withdrawal process of individual signature: Only accepted before signatures are filed (People v. Hinkle [1924] 130 Wash. 419, 227 P. 861). Ballot measure committees must file pre-primary, pre-general, year-end and, if applicable, supplemental reports in even-numbered years. The initiative and referendum process enables citizens to bypass their state legislature by placing proposed statutes and, in some states, constitutional amendments on the ballot.
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