Art. Code 84202.3). 4, 3; Constitution 48, Init., Pt. Art. Art. Code 9001). Who can sign the petition: Any qualified voter (AS 15.45.350). OH Const. Art. 3, 3; NDCC, 16.1-01-09), Ohio (Const, Art. 3, 4; Art. And no measure that names an individual to hold office or names private corporation to perform any function (Cal.Const. St. 32-1405; 32-1406). Proponent financial disclosure requirements: Include but may not be limited to the provisions of the Nebraska Political Accountability and Disclosure Act. Art. If both are approved, the one receiving the greatest number of affirmative votes prevails (34 Okl.St.Ann. 19, 1 and NRS 295.045). Art. Allowed to pay another for their signature: Prohibited (NSR 295.300). II, 1g; O.R.C. Const. Amend. General review of petition: None other found. Petitions with an incomplete or modified affidavit are invalid (Const. Art. What is on each petition: Names of 10 original signers in the application and deadline for submission of signatures and follow guidelines of Administrative Rules 950 CMR 48.00 (M.G.L.A. 8). Art. It must be accompanied by a notarized form including the names and addresses of the petition sponsors and the statement of organization provided at 12-27-6 (SDCL 2-1-3.1). 15, 273; Miss. Ballot title and summary: Proponents submit a suggested popular name, to be approved or disapproved by the secretary of state (NMSA 1-17-9). 3, 52(f)). 295.009). Ten % for amendments (Ark. 3517.01, .08, .10, .11, 12, .13, .20, .092, .093, .102, .105; O.H.R. Art. Repeat measures: Cannot be same as a measure at either of the two preceding biennial state elections (M.G.L.A. Const. Art. Circulator oaths or affidavits: Yes, and notarized (A.R.S. Art. A full copy of the measure must be attached. 32-1405.01; 32-1405). Public review or notice: The attorney general submits a draft ballot title and the public may submit written comments regarding it, which the attorney general may use to revise the title. If you desire to vote for the retention of the act, mark X in square opposite the words 'FOR APPROVAL OF THE ACT.' Grounds for denial are improper form, insufficient sponsors, or more than 90 days have passed since adjournment of the session (AS 14.45.310). This same process also applies to individual petition districts (NRS 293.1277). Proponent financial disclosure requirements: Include but are not limited to being considered a political committee, appointing a treasurer, filing with the secretary of state, filing regular reports with specific donor information, and may receive unlimited funds (I.C. art. A.R.S. All 24 citizen initiative states require political organizations supporting or opposing a ballot measurealmost always considered political action committeesto follow state campaign finance laws. 295.056). Code 13-208 for statement of organization. 22-24-306 (W.S.1977 22-24-314). States have rules in place to govern what legislatures or governors can do to citizen initiatives once they pass. Art. The financial estimate committee will estimate costs and consult with the legislative revenue officer. Pamphlet contains one-sentence statements describing the effect of a "yes" or "no" vote prepared jointly by the attorney general and the state secretary (M.G.L.A. 23-17-29). No person shall qualify as a petition circulator who has been convicted of, found guilty of or pled guilty to an offense involving forgery under the laws of this state or an offense under the laws of any other jurisdiction if that offense would be considered forgery under the laws of this state (Mo.Rev.Stat. A statewide special election may be called for amendments. Const. initiative referendum and recall are examples of quizlet . Statutes for petition contents for each state are: Individuals who physically gather signatures are referred to as circulators. Vote requirement for passage: Majority (IC 34-1803). 1-40-112). A "simple statement of the gist of the measure," drafted by sponsors, is printed at the top of the petition (34 OS 3). Const. II, 9(c)). Application process information: Petition as to be circulated is filed with secretary of state prior to circulation and must include the title of the referred law, the effective date, the date of the election at which it will be submitted. GC: Chapter 2 Quiz Questions Flashcards | Quizlet Number of signatures required: 5% of votes cast for all candidates for governor at the last gubernatorial election (Const. Const. Fiscal review: The financial estimate committee will estimate costs and consult with the legislative revenue officer (O.R.S. If the total signatures meet 90-100% of the requirement, the county clerk(s) check all of the signatures until 100% is reached. Number of signatures required: 8% of the active voters in the state on Jan. 1 following the last regular general election (Utah Code 20A-7-301(1)). 3; Const. Petitions must be submitted by midnight within 90 days of the date the legislation was signed by the governor and filed with the secretary of state. Circulator oaths or affidavits: Yes (NDCC Const. 1-40-108). Art. 3, 17). Ballot title and summary: Proponent and approved by the attorney general, is the title for both the petition and ballot. II, 9 and Mich. Comp. Subject restrictions: Laws immediately necessary for the preservation of the public peace, health, or safety, or for the support and maintenance of the departments of the state government and state institutions are not subject to the referendum (Const. Allowed to pay another for their signature: Prohibited (A.C.A. Repeal or change restrictions: No veto by governor. 1953 20A-7-208; 20A-7-702). Paying per signature was held unconstitutional (Miss. Public review or notice: Thirty day comment period, with comments published along with explanatory statement and fiscal review, publicly accessible on internet and in a pamphlet. ucla environmental science graduate program; four elements to the doctrinal space superiority construct; woburn police scanner live. Code 100). Eighteen months, but cannot start collecting more than two years before the election, and a deadline of six months before the general election. Who creates petitions: Secretary of state designs the petition and the division of elections issues the actual petition to proponents (M.R.S.A. Who can sign the petition: Electors of the state (OH Const. 32-1411. 54 53). Geographic distribution: 6% of the qualified electors at the time of the last general election in at least 18 legislative districts (IC 34-1805). The secretary of state shall not accept for filing any initiative or 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 (NRS 32-1408). 295.009, Ohio: Const. St. 32-630 and -1404), Nevada (N.R.S. Const. 34-1812a, 34-1812b, I.C. Therefore, rules restricting the ability to change or repeal measures apply to statutory measures, which are available in 21 states. 14, 3 and see Coalition for Political Honesty v. State Board of Elections (1976). 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). Art. Sponsors submit full petition to title board for review (CRS 1-40-105). Art. Art. 168.471; 168.472). 19-126), Majority to pass: Yes (A.R.S. 1953 20A-7-203). 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. 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). 22-24-412, Within 90 days after the adjournment of the legislative session at which it was passed. States may limit the subject matter of ballot measures. Proponent financial disclosure requirements: Within three days of making an expenditure or receiving a contribution, a political committee must file a statement of organization and designated a treasurer (ORS 260.035). 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. 14, 9; Art. The states vary in the number and the baseline used to determine the number of signatures required. The descriptive title, which is printed below the official title on the ballot, is written by the secretary of state with the approval of the attorney general (ARS 19-125). General election, or at a special election ordered by the general assembly. 21). Where to file: Secretary of state (NRS 32-1405). 168.482; 168.544c, Mississippi: Miss. 3, 2; NDCC, 16.1-01-17). For collection, if the petitions were filed at least 165 days before the election and the signatures are deemed insufficient, they may collect more, and deadline of four months prior to the general election. Const. 19, 2; American Civil Liberties Union of Nevada v. Loma [2006]; N.R.S. Art. Must include full text of the measure, a ballot title and a popular name (A.C.A. Art. 34-1813), Repeal or change restrictions: No time limit or majority restrictions for legislature to overturn or alter, Types allowed: Citizen initiative for constitutional amendments. Petition title and summary creation: Proponents draft (NRS 32-1405). 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. Must also file with the secretary of state not less than four months before the election at which they are to be voted on (I.C. 34-1805), Who can sign the petition: Qualified electors (I.C. 19, 1). Art. The results of the vote are then implemented by majority vote. Art. III, 5 and 6; NDCC 16.1-01-09(7). For example, when a school district wants to issue bonds for building construction, it goes to the voters with an obligatory referendum. Circulator requirements: Paid circulators must register with the secretary of state and complete training. In the early 1900s, the recall, referendum, and initiative provisions Const. 3599.03, Oklahoma: 34 Okl.St.Ann. 23-17-7; 23-17-9; 23-17-15). Number of signatures required: 5% of the total votes cast for governor at the last election (Const. Art. Where to file: Secretary of state (21-A MRS 901). Art. III, 3 and MGL ch. Submission deadline for signatures: Not more than 90 days after the law which is the subject of the petition has become law (Const. 15, 273; Miss. Seventeen states do not provide for any limitation on attempting to repeat a specific measure: Alaska, Arizona, Arkansas, California, Colorado, Florida, Idaho, Illinois, Maine, Michigan, Missouri, Montana, Nevada, Ohio, Oregon, South Dakota and Washington. 116.320). Art. Art. Cure period for insufficient signatures: If petition is insufficient, sponsors have 30 days to solicit and obtain additional signatures, submit proof to show that rejected signatures are valid, or make the petition more definite and certain (NMSA 1-17-12). II, 1c and 1g). Code Ann. 21-A M.R.S.A. Thirteen years since the Supreme Courts controversial Citizens United v. FEC decision, states continue to restrict corporate donations and dark money, and the laws continue to be challenged under the rulings precedent. 250.105). 3519.02; 3501.381). Public review or notice: A pamphlet containing titles, summaries, arguments or explanations for and against each measure and alternative (sponsors may prepare their own arguments/explanations, otherwise the Secretary of State will). History of initiative and referendum in the U.S. - Ballotpedia Where to file: Secretary of state (IC 34-1804). Restrictions included 120 days before election for amendments, and 160 days before an election and not less than 10 days before legislative session for statutes. Const. Application process information: Must file complete measure with the Legislative Research Council. 5% of the whole number of votes cast for governor in the last election. Where to file: Secretary of state (NMSA 1-17-8). Where to file: Secretary of state (OR CONST Art. 19-121. Art. It fails if under 90 % and qualifies if at least 100 % (N.R.S. Circulator requirements: Resident of South Dakota who is at least 18 years old (SDCL 12-1-3). Successful ballot initiatives can create, change or repeal state and local laws . Number of signatures required: 6% of the qualified electors at the time of the last general election (IC 34-1805). Art. Const. Timeline for taking effect: When governor makes official declaration of vote but not later than 30 days after vote canvassing (C.R.S.A. Types allowed: Direct initiative for statutes and amendments and popular referendum, Single subject rule: Constitutional amendments only, not statutes (A.R.S. Initiative, Referendum and Recall Information | Paradise Valley, AZ This violence was reflected in which foundational document?, The process that gives citizens the power to enact constitutional amendments and legislation is called the, The initiative, referendum, and recall are all . Art. Art. Subject restrictions: Such laws as may be necessary for the immediate preservation of the public peace, health, safety or support of the state government and its existing public institutions are not subject to referendum (Const. Application process information: Not specified. Const. 5, 6; 34 Okl.St.Ann. Must be submitted to the local registrars two weeks before submission to secretary of state (M.G.L.A. 116.334), What is on each petition: Full text of the measure, all language that the measure removes and all new language, warning, county, affidavit, notary public seal, all in form prescribed (V.A.M.S. If amended, expired or rejected, it goes onto the ballot. Art. Petition title and summary creation: Title board, comprised of secretary of state, attorney general and director of the office of legislative legal services (C.R.S.A. Art. And secretary of state will hold public hearings at least 95 days before the election (O.R.S. 1953 20A-7-202; 20A-7-205.5). IV, 1), Ballot title and summary: Attorney general (O.R.S. 5, 1). The Legislative Counsel Bureau distributes items to legislators, public libraries, newspapers and broadcasters (N.R.S. South Dakota: The Legislative Research Council provides written comments to the attorney general (SDCL 12-13-25; 12-13-25.1). 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). Art. If they win they keep their seat for the remainder of their term, if they lose they are removed from their term immediately. Art. Time limit may be shorter if circulation begins late, because signatures must be submitted no later than 40 days after the legislative session ends regardless of when signature gathering began (Utah Code 20A-7-306(1)). Pamphlet contains one-sentence statements describing the effect of a yes or no vote prepared jointly by the attorney general and the state secretary. 24 States may have the direct initiative, the indirect initiative or the choice of either. IV, 1(3)). Petition title and summary creation: The proponent writes a description of 200 words or less of the effect the measure would have if approved by voters (NRS 295.009). 6, 22), Washington (RCWA Const. Submission deadline of signatures: Must address written petition to the legislature and signatures must be filed with the secretary of state by the 50th day of the first regular session or by the 25th day of the second regular session. A.R.S. Cannot stop emergency laws passed by the legislature or appropriations to support state departments or institutions. Art. Paid per signature: Prohibited (Const. Must include the names, addresses and signatures of at least 25 electors as sponsors and the full text of the measure (Const. Application process information: Not available in statute. Other types of review might include recommendations on wording. O.R.S. 3, 20), Verification: Certified by the registrar (21-A M.R.S.A. Which election: Next regular or general election subsequent to the 125 days after filing (OH Const. For direct initiatives, 8% of the number of active voters in the state on Jan. 1 immediately following the last regular general election. And no signature "collected prior to a November general election at which a governor is elected shall not be filed after the date of that November general election" (M.C.L.A. Const. For constitutional amendment initiatives, 4 % of the resident population (NDCC Const. II, 1b; Art. Who can sign the petition: Registered qualified voters (Cal.Elec.Code 105, 9020, 9021), Geographic distribution: None, but may only sign petition circulated in the county of registration (Cal.Elec.Code 9021), Collected in-person: Yes (Cal.Elec.Code 100), Withdrawal process of individual signature: Written request with county election official before petition is filed (Cal.Elec.Code 103, 9602). 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. In odd-numbered years, year-end reports are required (SDCL 12-27-22). These include filing reports and designating organization officers. Art. 3519.01; 3519.02; 3513.10). 1953 20A-7-205). Vote requirement for passage: Majority (Const. XVI, 3). Who creates petitions: Secretary of state (N.R.S. 1(5)). Conflicting measures: The measure receiving largest number of affirmative votes is enacted (M.G.L.A. Petitions are valid for one year, and deadline of 90 days before the first day of the legislative session. III, 4). Petition title and summary creation: Secretary of state and approved by attorney general (NDCC, 16.1-01-07). Art. Which election is a measure on: General election (I.C. Must be submitted by September, then December, and then possibly July (M.G.L.A. Petition title and summary creation: A statement of purpose and implication, not to exceed 135 words, and yes-no statements are drafted by petitioners and reviewed and approved by the attorney general. Law 6-202). Const. A requirement for 5% of the registered voters in two-fifths of the counties each was held unconstitutional, but that case was vacated because of an issue of standing. Application process information: Application form will be prescribed by the secretary of state. Constitution 48, Pt. 22-24-402. Art. Circulator requirements: Signed statement if paid and 18 years old (Cal.Elec.Code 104, 9022, 9610; Code.Civ.Proc. Verification: County officials conduct raw count, and then a random sample is taken of 500 signatures or 3 % of each countys total for accuracy. 19-121.01; 19-121.04). 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. Timeline for taking effect: An act rejected by referendum is void 30 days after certification. Who creates petitions: Secretary of the commonwealth (Const. Art. Art. Withdrawal process of individual signature: A signature may be removed by the signer upon written application to the election authority with which the petition will be filed if the application is received by the election authority prior to the filing of that signature, or prior to the filing of that signature by the circulator who attested to that signature or by the sponsor of the petition, if it is concluded that the signature does not satisfy the requirements of this title (Elec. III, 3). Fiscal review: The legislative council determines the estimated fiscal impact at least 90 days before the measure is to be voted on. N.R.S. 250.015; 250.052; 250.045). Allowed to pay another for their signature: Prohibited (ACA 7-9-103(c)). 14, 3 and see Coalition for Political Honesty v. State Board of Elections (1976)). Who creates petitions: Secretary of state (Wyo. Art. 116.334). Vote requirement for passage: Majority (Const. Proponent organization and requirements: If a committee or person, except the individual submitting the sample sheet, is funding any portion of the drafting or submitting of the sample sheet, the person submitting the sample sheet shall submit a copy of the filed statement of committee organization required under subsection 5 of section130.021 (Mo.Rev.Stat. Collected in-person: Yes (Neb. Number of signatures required: Eight % of the total number of legal voters for statutes. 2, 1). 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. III, 3 and NDCC 16.1-01-09(2)). Allowed to pay another for their signature: Prohibited (W.S.1977 22-24-323). St. 32-1407), Which election is a measure on: Next general election at least four months after filing the signatures (Neb. Attorney general certifies submitted title and measure and summary by secretary of state, with attorney general oversight. In Maine, Oklahoma and Utah, the law includes additional requirements to those governing conflicting measures: In Alaska, if the lieutenant governor and the attorney general determine an act of the legislature is the same as the proposed measure, then the citizen initiative is voided (AS 15.45.210). Then, select a topic from the column at the left for comprehensive information or select a state in the map for state-specific information. 2, 9). 14, 3, 10 ILCS 5/28-2, Massachusetts: M.G.L.A. Art. backwoods banned in california II, 9(c)). Petitions must be filed within 90 days after the legislative session at which the law was passed adjourns either sine die or for more than 90 days. Six states prohibit sponsors from paying circulators on a per-signature basis. Public review or notice: The attorney general shall provide a 10-day public comment period after the release of draft title and explanation and revise accordingly after the comment period closes. Time period restrictions before placed on the ballot: Submission deadline three months and three weeks prior to election (C.R.S.A. Art. Any contribution of $500 or more in the last 13 days before an election is to be reported within 24 hours. 11 906(6)(B)). b. actions at New England town meetings. Timeline for taking effect: Thirty days after it is enacted or approved by a majority of the votes cast (OR CONST Art. 5, 1). 100.371, 106.03; Rule 1S-2.009). Art. Who creates petitions: Proponents can produce them but must follow form (RCWA 29A.72.100). Rule 2.79; Oklahoma Ethics Commission's Guide for Political Action Committees, Oregon: O.R.S. The secretary of state writes arguments for and against the measure with information provided by proponents and opponents (Neb.Rev.St. 48, Pt. Code 9010 et. 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. Stat. Art. 168.482; 168.544c). Must also meet conditional certification (W.S.1977 22-24-304; 22-24-308). 295.015). Art. V, 3). Circulator oaths or affidavit required: Yes (RCW 29A.72.030). Timeline for collecting signatures: One year after the petition is approved by the secretary of state (NDCC, 16.1-01-09). Art. Must obtain a petition entity license before circulating petitions or paying circulators. Must have full text of the measure and names and addresses of the sponsors (NDCC Const. A statewide special election may be called for amendments (M.C.L.A. 3, 5). Secret ballot. 99.097, 106.191). As in the case of the initiative and referendum, the recall process gives citizens a chance to practice grassroots democracy by removing elected officials who are disapproved of by a majority of voters. Art. Allowed to pay another for their signature: Prohibited (NDCC, 16.1-01-12). 7-9-105). 168.482; 168.544c). Should this bill be: Approved. Govt. Majority to pass: Majority and at least 50% of the total votes cast in the entire election (W.S.1977 22-2-117). What would happen if the US had direct democracy Quora. Four states require a filing fee in statute. Proponents write title. Timeline for taking effect: Thirty days after the official declaration of the vote unless provided otherwise in the measure (Mississippi Const. Proponents of an initiative, referendum, or recall effort must apply for an official petition serial number from the Town Clerk. Who can sign the petition: Qualified electors (Const. 5, 1; C.R.S.A. Who can sign the petition: Registered voters (A.C.A. 3, 4; Art. Art. Proponent financial disclosure requirements: There is a principal circulator whose information is publicly available upon request (NRS 32-1406). Conflicting measures: The measure receiving the greatest number of affirmative votes becomes law (Ark. hired children as a source of cheap labor. What is an initiative referendum and recall? - Short-Fact The device was first adopted in the United States in 1903 as a part of the Los Angeles city charter. Get started for free! A petition for direct initiative that is approved by the secretary of state and submitted to the legislature must be afforded a public hearing conducted by the joint standing committee that has jurisdiction over the subject matter. Contributions of $1,000 or more must be reported within 48 hours after receipt. Its success in 1978, despite the strong opposition of the governor, state legislature, and the bureaucracy, prompted tax revolts in several other states. Const. 4, Pt. 116.100. Seven states (Alaska, Arkansas, Colorado, New Mexico, North Dakota, Ohio and Oregon) allow sponsors extra time to gather additional signatures if the petitions submitted are insufficient. IV, 1b). 19-121). Art. Art. 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. For indirect statutory initiatives, after turning in original 3 % of signatures, proponents must return next batch of signatures (another 3 %) within 90 days of the legislature not enacting or amending a measure. Circulator oaths or affidavit required: Yes (MCL 168.482 and .544c). Submission deadline of signatures: Sponsors must submit signatures no later than six months before the election and can only start collecting the day after the previous general election (V.A.M.S. 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. Number of signatures required: 5% of the number of votes cast for all candidates for governor in the last general election (Const. Proponent organization and requirements: When first filing the petition, no more than three primary proponents must be designated (34 Okl.St.Ann. What is on each petition: Petition includes original title of the act to be referred and a statement by signers. Timeline for taking effect: Takes effect five days after the official proclamation of the voter by the governor or the effective date specified in the proposed law, whichever is later (Utah Code 20A-7-311).
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