Ballot title and summary: Lieutenant governor forwards petitions that are qualified for the ballot to the Office of Legislative Research and General Counsel, who drafts an impartial title of not more than 100 words summarizing the contents of the proposal. 19-121), Which election is a measure on: Next general election after filing (A.R.S. 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). The powers defined herein as the "initiative" and "referendum" shall not be used to 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 (Const. 14, 3). Who can sign the petition: Electors (Const. Nonpartisan staff of general assembly prepare summary, analysis and fiscal review (C.R.S.A. Geographic distribution: Signers must be from at least three-fourths of the states house districts, and signatures in each house district must equal at least 7% of those who voted in the preceding general election in the house district (AS 15.45.350(2)). Timeline for collecting signatures: For direct constitutional amendments, nine months and three weeks. If they are passed there, they become law without the need for a popular vote. 7-9-114. XVI, 1 and Elec. Secretary of state submits to Legislative Services Division for review, after which the final text of the measure and ballot statements must be resubmitted to secretary of state. Art. Art. 34-1801a, 34-1804, 34-1809). 55 1, 6B, 7A, 18C, 18). Art. For initiated state statutesorveto referendums, signatures must be gathered from 5% of qualified electors in each of one-third (34) of the state's 100 legislative districts. 116.080).. Circulator oaths or affidavit required: Yes (Mo.Rev. It is based on the principle that officeholders are agents of the popular will and should, therefore, be constantly subject to its control. In Arkansas and Maryland, the application is filed with the state election board. Who can sign the petition: Qualified electors of the state of Montana (MCA 13-27-102). 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. Art. Art. Colorado and Florida require a supermajority to pass a constitutional amendment: 55 percent of voters in Colorado (C.R.S.A. Submission deadline for signatures: Within 90 days after the enactment date of the statute (Const. IV, 1b). Circulator requirements: 18 years old and a resident of South Dakota; no registered sex offender may circulate a petition unless the person is in the employ of and under the immediate supervision of another person and under circumstances with preclude any contact with children (SDCL 12-1-32 through -34). In odd-numbered years, year-end reports are required (SDCL 12-27-22). Circulator requirements: Must be at least 18 and an Ohio resident (O.R.C. 6, 22), Washington (RCWA Const. The title of the act subject to the petition appears on the petition. General review of petition: The secretary of state will furnish ballot statements explaining the effects of a no or yes vote for the measure, which will include whether it will increase, decrease or maintain taxes (V.A.M.S. 3, 3; NDCC, 16.1-01-09), Collected in-person: Yes (NDCC, 16.1-01-09). Stat. Verification: Random sampling (CRS 1-40-116). Several states require two officials to write or review the title and/or summary, given the importance of these items for a ballot measure. 8). 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. Submission deadline of signatures: No later than three months and three weeks before the election and made by 3 p.m. on the day of filing (C.R.S.A. III, 52(a) and 53). C.R.S.A. Allowed to pay another for their signature: Prohibited (Mo.Rev.Stat. II, 1 (b) and RCW 29A. 19, 1). These serve as the ballot title. Art. ", Miss. St. 32-1405.01; 32-1405.02; 32-1413, Ohio: OH Const. 7-9-103), Geographic distribution: From 15 different counties, with each countys petition having signatures of at least half of the designated %age of electors of the county (Ark. Verification: The secretary of state establishes the statistical sampling method. 12, 2). CONST. IV, 1(3)). 5, 1). VI, Subpt. Art. A title board, which is comprised of the secretary of state, attorney general and director of the office of legislative legal services, Petition sponsors, with approval of attorney general, Written by petitions sponsors, approved by attorney general, Const. Signatures are valid for two years, but a petition can circulate indefinitely, and filed at least 30 days before Feb. 1 of the year of the general election that the measure is to be voted upon. Other types of review might include recommendations on wording. 3, 53. 295.009). For example, Australia defines 'referendum' as a vote to change the constitution and 'plebiscite' as a vote which does not . Proponents must file reports of payments made to signature gatherers. 5, 1). 3519.07). 1953 20A-7-702; 20A-7-204.1; 20A-7-701-706, Washington: RCWA 29A.32.010; 29A.32.031; 29A.32.040; 29A.32.070; 29A.32.080, Arkansas (Arkansas Const. 116.090). Const. 250.045). CONST. 7-9-404; 405; 406; 407; 408; 409). If legislature amends, it does not go into effect until the original is rejected by the voters (OH Const. 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. 19, 3; N.R.S. 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. Ballot title and summary: Secretary of state (Const. 3; Const. Const. Vote requirement for passage: Majority (Const. Proponent organization and requirements: Application must contain the names and addresses of at least five sponsors, certification that each sponsor is a registered voter in Utah and has voted in a regular general election in the last three years, the notarized signature of each sponsor and a copy of the law (Utah Code 20A-7-302). What is on each petition: Petition must include full and correct title and text of the law (Const. 250.025), Collected in-person: Yes (O.R.S. If they win they keep their seat for the remainder of their term, if they lose they are removed from their term immediately. Const. Mary is concerned with the education that her child is getting and wants the school day extended in her district. Subject restrictions: Referendum shall not apply to dedications of revenue, to appropriations, to local or special legislation or to laws necessary for the immediate preservation of the public peace, health or safety (Const. Art. Art. Code Ann. Verification: Counts total number and then takes 5 % random sample to verify signature accuracy (A.R.S. Art. Art. Must file measure's full text and three designated sponsors who are Wyoming voters to act as official sponsors of the campaign. 5, 3; 34 Okl.St.Ann. Const. Submission deadline of signatures: Generally 110 days before the election. Circulator oaths or affidavit required: Yes (NMSA 1-17-5 and -6). Contributions in excess of $1,000 from a single contributor received during the 21 days prior to the election must be reported (RCW 42.17A.265). Proponent financial disclosure requirements: Political committee must have a treasurer before receiving contributions or making expenditures (IC 67-6603). Art. Verification: Must be verified at least 100 days before the election. 6% of the qualified electors at the time of the last general election in at least 18 legislative districts. Circulator requirements: Non-Arizona residents and paid-resident circulators must register. 5, 1; M.G.L.A. These states require that in addition to receiving a majority of the votes cast on the measure, those votes must be equal to or more than a specified percentage of the total votes cast in the election. 14, 9; Art. To work in today's reality, it will need amendingsomething that lies beyond the power of the Supreme Court." [1] The following states have initiative and/or veto referendum processes at the statewide level: Alaska. 5, 5). 2, 10), Majority to pass: Yes (Cal.Const. The idea of referendums, recall, and initiative was one to give voters greater power over legislation and the lawmakers and politicians who served them. The Secretary of State's Office is currently operating on an appointment-only basis. Withdrawal of petition: The sponsor may file a written notice to withdraw the initiative with the secretary of state (V.A.M.S. Circulator requirements: 18 years of age (34 OS 6). (Const. 2, 10). What is on each petition: There is very little in statute relating to petition contents or format. Initiative, referendum, and recall are three powers reserved to enable the voters, by petition, to propose or repeal legislation or to remove an elected official from office. Petition sponsors may not gather signatures without first forming a ballot issue committee (Elec. 15, 273; Miss. Art. III, 3; Bernbeck v. Gale, 59 F.Supp.3d 949 (2014); 829 F.3d 643, United States Court of Appeals, Eighth Circuit. 34-1812a, 34-1812b, I.C. Where to file with: Secretary of state (MCA 13-27-202). Rponses possible : a. Paid circulators must, prior to circulating petitions, sign a statement certifying they acknowledge that it is a misdemeanor to allow signatures on a petition to be used for any purpose other than qualifying a measure for the ballot (Elec. 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. Attorney general then submits petition to the secretary of state which begins the deadline clock (Cal.Elec.Code 336, 9001, 9002, 9004). These may be accepted or rejected. Code 107). II, 10(a)). Const. States may have the direct initiative, the indirect initiative or the choice of either. 250.125; 250.067; 250.127, Utah: U.C.A. Initiative and referendum Flashcards | Quizlet Const. Both the referendum and the initiative were adopted in the United States under the leadership of groups hostile to machine politics or those convinced that government was generally insensitive to the popular will. Verification: The election commissioner or county clerk compares each signer's information to that of voter registration records to verify that they were registered voters when they signed and verify all other information (Neb. IV, 1). 4, Pt. Code Ann. Timeline for taking effect: An act that is rejected is repealed effective the date the result of the canvass is filed by the secretary of state. Which election: Next regular general election (Const. Disclosure reports must be filed 60 days before the election, on the 5th and 20th day of each month until the election, the 20th day of November after the election, and the 20th of January each year. 34-1802). Verification: Sampling method that must include at least 10 % of signatures or more than 5,010 signatures, whichever is greater. Fiscal review: Prepared by the office of financial management, in consultation with the secretary of state, the attorney general, and any other appropriate state or local agency (RCWA 29A.72.025). Circulator requirements: At least 18 years old and a qualified elector (34 Okl.St.Ann. Application process information: No fees or application, Where to file with: Secretary of state (M.C.L.A. For constitutional amendment direct initiatives, the date is Sept. 1 of the year preceding the election year (N.R.S. V, 3). Petitions must be submitted within 90 days following the final adjournment of the legislative session at which the law was enacted. Chief petitioners must file a statement declaring whether circulators will be paid (ORS 250.045). The following contribution and expenditure statements must be electronically filed: drafting statement, filed at the time approval is requested to circulate petition; circulating statement, filed at the time petitions are submitted for signature verification; pre-election statement, filed between the 39th and 31st day prior to the election; and year-end statement, filed by Jan. 31 of the year following the election. For statutory initiatives, 2% of residential population according to the last federal decennial census. 116.332). 5, 1; C.R.S.A. Submission deadline for signatures: Within 90 days after the adjournment of the legislative session at which it was passed (Const. Art. Recall. What is on each petition: Contains a summary of the subject matter, warning to signers and a statement as to paid circulators (Const. 901), Proponent organization and requirements: Any organization supervising or managing petition circulation must register with secretary of state (21-A M.R.S.A. General review of petition: After the hearings the proponents and Governor's Office of Management and Budget may revise (U.C.A. Nine states do not include a process in statute for an individual to withdraw his or her signature. Const. Conflicting measures: Measure with greatest number of affirmative votes is enacted, although the entire competing measure might not be superseded (>I.C. Nine states require filing an initial number of signatures of sponsors as part of an application to circulate a popular referendum petition. 34, 1, Const. 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. Ballot title and summary: Attorney general drafts ballot title and prepares a statement to be printed in italics immediately preceding the ballot title on the official ballot. Art. Most constitutional democracies, such as Australia, Canada, Italy, and the United States, operate through a system of representative government. 14, 3, 10 ILCS 5/28-2), Who creates petitions: Proponents, no statute (see 10 ILCS 5/16-6; 5 ILCS 20/2). M.G.L.A. Ballot title and summary: Attorney general (SDCL 12-13-1.1 and -9). Art. Code 84107). 12, 2; M.C.L.A. Const. Ban struck down by courts (RCWA 29A.84.280; LIMIT v. Maleng, 1994). Timeline for taking effect: The date of the governor's proclamation of the election results (IC 34-1813). 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. The board may certify them, or if it finds they are misleading or confusing, may refuse to certify them. Legislature or other government official review: Attorney general prepares explanatory statements. Allowable uses of funds by ballot measure committees are specified at Elec. 15, 273 and Miss. Timeline for taking effect: Thirty days after governor proclaims election results, which happens within 10 days after the vote has been canvassed and determined. 3, 17(3)). Paid per signature: No ban found. No amendatory law adopted in accordance with this provision shall be subject to referendum. OK Const. Law 6-103). Sponsor, approved by secretary of state, reviewed by attorney general, 10 ILCS 5/28-5; 10 ILCS 5/16-6; 5 ILCS 20/2. Initiative,referendum,recall Flashcards | Quizlet Vote requirement for passage: Majority and not less than 35% of the total vote cast at the election (Const. 116.334; 116.260). Art. Who can sign the petition: Qualified electors of the state of Montana (MCA 13-27-102). Art. Contributions from non-residents of the state, political committees organized outside the state, or an entity that is not filed with the secretary of state for four years preceding the contribution are prohibited (SDCL 12-27-18.2). 15, 273 and Miss. For indirect statutory initiatives, signatures must be collected from at least 44 of 88 counties, equaling 1.5% of the votes cast for governor in each county in the previous election. Withdrawal of petition: Proponents may do so any time before measure qualifies for the ballot, 131 days before the general statewide election (Cal.Elec.Code 9033, 9604). 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. 1953 20A-7-702; 20A-7-204.1; 20A-7-701-706). On the graphic below, select either Citizen Initiatives or Popular Referenda at the top of the map. 250.125). II, 1(d) and RCW 29A.72.030 and .160. 5, 1). Art. M.G.L.A. 21 1), and by 5 p.m. on final day (A.R.S. 9 23), Application process information: File application with secretary of state, including organization name and officers and other information, summary and text of proposed law, and must also file a statement of its organization (A.R.S. A post-election report is due by Jan. 7. 6), Allowed to pay another for their signature: Likely prohibition on the use of public funds (26 Okl.St.Ann. Ten % for amendments (Ark. Voters can propose and vote for new laws. Const. III, 2). The obligatory referendum was first adopted by the canton of rural Basel in 1863. Allowed to pay another for their signature: Prohibited (ORC 3599.13 and .14). 250.045; 250.052). 21 1), Timeline for taking effect: Upon proclamation of the governor (A.R.S. Does the law in question take effect before the referendum vote: In some cases, yes. Circulator requirements: Can be out-of-state resident but must mark this on the affidavit. Political committee must file a statement of organization. If a person is recalled they are put back through an election. Paid per signature: Prohibited (MCA 13-27-102). Reports of contributions and expenditures are due on the 12th day before an election, the 38th day after an election and the last business day of January and July of every year. Const. Art. The secretary of state must write the question in a clear, concise and direct manner that describes the subject matter of the peoples veto or direct initiative as simply as is possible (MRS tit. 4, Pt. 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. Subject restrictions: The referendum shall not be applied to dedications of revenue, appropriations, local or special legislation, or to laws necessary for the immediate preservation of the public peace, health or safety (Const. Other Subject restrictions: Cannot dedicate revenues, make or repeal appropriations, create courts, define the jurisdiction of courts, prescribe court rules, enact local or special legislation, or enact legislation prohibited by the Wyoming constitution (Const. 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. Initiative, Referendum and Recall are three powers reserved to the voters to enable them, by petition, to propose or repeal legislation or to remove an elected official from office.. Pursuant to state law (A.R.S. Repeal or change restrictions: Two-thirds vote required to amend or repeal, and governor may not veto (Ne.Rev.St. 1953 20A-7-204.1; 20A-7-208; 20A-7-702). First general election to be held not less than 30 days after the filing ofthe petition. Art. Time period restrictions before placed on the ballot: None. In the indirect initiative process, a proposed initiative is referred to the legislature after proponents have gathered the required number of signatures. Art. 19, 1). 34-1812a, 34-1812b, I.C. Circulator requirements: Residency requirement struck down (Term Limits Leadership Council v. Clark [1997]; Miss. Art. II, 1b and 1g; O.R.C. Grounds for denial are improper form, insufficient sponsors, or more than 90 days have passed since adjournment of the session (AS 14.45.310). 7-9-104). V, 3). Allowed to pay another for their signature: Prohibited; a petition section is invalid if this happens (CRS 1-40-111(3)(IV)). 3, 1 and Const. 7-9-105). Geographic entities based on U.S. House districts, which are required to be highly equal in population, have been ruled to be constitutional (for example, see Nevada). Geographic distribution: None (MCL 168.471 requirement that no more than 15% come from a single congressional district was found unconstitutional in AG opinion 7310, May 2019). Art. 1(9)). Const. Art. XVI, 5(b) and Elec. 7-9-103). 32-1407), Submission deadline of signatures: Four months prior to the general election (Neb. States with direct initiatives (19): Arizona, Arkansas, California, Colorado, Florida, Idaho, Illinois, Michigan, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, Utah, Washington, States with indirect initiatives (10): Alaska, Maine, Massachusetts, Michigan, Mississippi, Nevada, Ohio, Utah, Washington, Wyoming. Const. XVI, 2). 116.050; 116.050). III, 4). 3, 17(1)). St. 32-1405). Updated on June 03, 2021. 19, 3; N.R.S. Art. 3, 4; MCA 13-27-301; 13-27-202). Const. V, 1), Collected in-person: Yes (A.C.A. Taken together, they are called the politics of direct action. 34-1803b). Art. Where to file with: Secretary of state (OK Const. Submission deadline for signatures: Not more than 90 days after the end of the session at which the act was passed (Const. Art. Application process information: The sponsor must file a printed petition part with the secretary of state in the exact form that will be used for signature gathering (A.C.A. II, 1(d) and RCW 29A.72.030). Code 104). Art. 32-1401; 32-1405; 32-628; 32-1403). May also post in newspaper (21-A M.R.S.A. Art. Public review or notice: Secretary of state prepares and distributes voter pamphlets to each household in the state and other locations (RCWA 29A.32.010; 29A.32.031; 29A.32.040; 29A.32.070; 29A.32.080). 3, 4; Art. The word, 'referendum' is often used for both legislative referrals and initiatives. What is on each petition: The full text of the measure, match secretary of states template, be the correct color and state if the circulator is paid (O.R.S. Art. St. 32-1405). Collected in-person: Yes (N.R.S. Circulator oaths or affidavits: Official sponsors must sign at least two-thirds of the petitions (DCL 2-1-1.2). Prepared by state auditor, and proponents may submit proposed review. This was held to be constitutional. XVII, 1; Art. Repeal or change restrictions: No veto by governor. 48, Init., Pt. 2; Neb. Timeline for collecting signatures: Eighten months. Ballot title and summary: Full text is printed on the ballot if it is 200 words or less; if it is more than 200 words, secretary of state drafts a title. IV, 1). 48, Init., Pt. N.R.S. Circulator oaths or affidavit required: Yes (ORS 250.045(10)). Const. 250.015; 250.052). 5, 1. Code 82013, 84101, 84107, 84200, 84200.8, 84202.3 and Elec. 15% of the total vote cast in the last election in at least of two-thirds of the counties. II, 1c and ORC 3519.21). V, 1(3)). Art. Stat. If you desire to vote for the retention of the act, mark X in square opposite the words 'FOR APPROVAL OF THE ACT.' Timeline for collecting signatures: 18 months (W.S.1977 22-24-315). Conflicting measures: The measure with highest number of affirmative votes prevails (M.C.L.A. 1-40-106). Resource Initiative and Referendum Overview and Resources Like the initiative and referendum, recall originated in Switzerland, where it was made applicable to the entire legislature as well as to individual officials. 24 States may have the direct initiative, the indirect initiative or the choice of either. 23-17-17). Must include a warning about unlawful signing, a circulator affidavit and a notification as to whether the circulator is paid or volunteer. Amend. Art. The secretary of state is prohibited by law from accepting for filing any referendum petition which interferes with the legislative prerogative contained in the Constitution of Nebraska that the necessary revenue of the state and its governmental subdivisions shall be raised by taxation in the manner as the legislature may direct. 5 1). Art. 7-9-104), California (Cal.Elec.Code 9001, 9004; Cal.Const. 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). Circulator requirements: Must be 18 years old, complete training from secretary of state and present specific identification to notary (C.R.S. 295.012; 293.069; 304.060; 304.120; Angle v. Miller, 2010, 722 F.Supp.2d 1206. These are all then submitted to the secretary of state (SDCL 12-13-25.1; 12-13-26). Circulator requirements: Must be age 18 or older, registered with secretary of state and signed affidavit (A.R.S. A petition may only be rejected if two different sampling processes determine it does not have sufficient signatures. Art. Three or more registrars must certify the petitions and follow other rules as per administrative regulations 950 CMR 55 (M.G.L.A. If a congressional district has 90 % of the needed valid signatures, the petition fails in that district. Vote requirement for passage: Majority (Const. Stat. Stat. Constitution 48, Pt. Proponent financial disclosure requirements: Statement of organization must be filed not later than 15 days after the committee made or received contributions or paid expenses in excess of $500; if such activity occurs within 30 days of an election, statement must be filed within 48 hours (SDCL 12-27-3). Timeline for taking effect: For indirect initiatives, 60 days after the adjournment of the legislative session that passed it.

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