III, 5(1) and MCA 13-27-301. 1-40-105). Repeal or change restrictions: Normal amendment referendum required. Code Ann. Geographic distribution: None, but petition sheets are organized by county (A.R.S. Art. If legislature amends, it does not go into effect until the original is rejected by the voters (OH Const. Art. M.G.L.A. For amendments, must be submitted for verification by the third Tuesday in June of the general election year. Const. Skip over the Blank Pages below! Art. 15, 273). 3; Const. St. 32-1405.01; 32-1405.02; 32-1413). 34-1802). This same process also applies to individual petition districts (NRS 293.1277). Submission deadline for signatures: Not less than four months prior to the next general election (Const. For statutory initiatives, must be submitted to be verified before appearing before the legislature on the second Tuesday in November in even-numbered years, or the next day (N.R.S. Contributions of $1,000 or more from a single contributor received during the 21 days prior to the election must be reported. Circulator requirements: At least 18 years old and a qualified elector (34 Okl.St.Ann. Other states vary when it comes to restrictions, ranging from specific vote thresholds on certain topics to disallowing certain issues. Art. Vote requirement for passage: Majority (Const. Where to file: Attorney general (Elec. St. 32-1407), Which election is a measure on: Next general election at least four months after filing the signatures (Neb. St. 32-1405). Arizona (for constitutional amendments, not statutes) (A.R.S. 250.045). Collected in-person: Original ink signatures are required (ORC 3519.051 and 3501.38(B)). 18). Const. Circulator requirements: Must be age 18 or older and resident of Ohio (I.C. XLVII, Pt. If 20 % or more of signatures on any part are invalid, then the burden to prove the rest are valid falls on the sponsors (Ark. In the others, the measure goes directly to the ballot after it is submitted to the legislature. III, 4). Ban struck down by courts (RCWA 29A.84.280; LIMIT v. Maleng, 1994). Who creates petitions: Secretary of state creates templates, including cover and signature sheets (O.R.S. 5, 3), Timeline for taking effect: When approved by a majority of votes (OK Const. 3, 20), Verification: Certified by the registrar (21-A M.R.S.A. Montana, Nebraska and New Mexico have two signature thresholds: The first is sufficient to trigger a referendum vote, and the second, higher amount triggers a referendum vote and also suspends operation of the law in question until the election. Timeline for collecting signatures: Unlimited, but if number of filed signatures is deemed insufficient, sponsors have 30 days to collect more (A.C.A. Stat. Art. 116.334; 116.260). The supervisor is paid 10 cents by the sponsor for every signature checked if they paid circulators (F.S.A. Proponent organization and requirements: At most, three people are designated as the chief petitioners and state whether circulators will be paid or not (O.R.S. Fiscal statement is included in voter pamphlet as is other information. Circulator oaths or affidavit required: Yes (SDCL 2-1-10). A referendum (plural: referendums or referenda) is a direct vote by the electorate on a proposal, law, or political issue. In Nebraska, the total number of signatures is based upon the total number of registered voters in the state. 116.332, Const. Application process information: Application must be filed within 10 business days of the adjournment of the legislature on a form designated by the secretary (21-A MRS 901). Next statewide or special election after the legislative session concludes sine die, and 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. Contributions greater than $3,000 that are received after filing the pre-election report must be reported within 24 hours of receipt. LXXIV, 2 and M.G.L.A. XVI, 4 and Elec. Which election: General election, unless the legislature orders a special election (Const. Ten states allow the legislature to alter or change measures without any time limits or supermajority requirements: Seven states have supermajority requirements for changing a measure (the other states require only a regular majority, although some enforce a time period). 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. 48, Init., Pt. 3, 18, 20). 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. Who can sign the petition: Qualified voters (SDCL 2-1-6). XVI, 2). The attorney general reviews the ballot title after signed petitions are turned in (34 Okl.St.Ann. Ballot title and summary: Proponents submit a suggested popular name, to be approved or disapproved by the secretary of state (NMSA 1-17-9). V, 1), Collected in-person: Yes (A.C.A. 15, 273). Const. 3, 52), Ballot title and summary: Secretary of state, approved by attorney general (V.A.M.S. II, 1g). 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. M.G.L.A. Submission deadline of signatures: Generally 110 days before the election. Art. 2, 8, 12). 3, Sec. General election unless the legislature orders a special election. Where to file with: Secretary of state (OK Const. Cure period for insufficient signatures: If signatures are determined to be insufficient, an additional 10 days is allowed to gather additional signatures (Const. Where to file: Secretary of state (Const. Art. Thirty percent in Massachusetts (Massachusetts Constitution 48, Init., Pt. 24-22-403). 5, 3; 34 Okl.St.Ann. 295.009). Proponent organization and requirements: Primary sponsors file names with secretary of state, and a principal circulator is listed (Neb. An estimated fiscal impact statement must be printed with any constitutional amendment or initiated or referred measure on the ballot. 19-124). Which election: Next succeeding election at which the question may be voted upon by the voters of the entire state (Const. 1953 20A-7-212). Governor may call a special statewide election for the measure. Withdrawal process of individual signature: After the petitions are submitted for signature verification, individual signatures may not be removed (ORS 250.025). 5, 1). Art. States may limit the subject matter of popular referenda. 22-24-401, Laws related to dedications of revenue, appropriations, local or special legislation or laws necessary for the immediate preservation of the public peace, health or safety. The title may be different from the legislative title, but in all cases the legislative title shall be sufficient (Const. 168.476). Verification: Random sampling (MCA 13-27-303). 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). III, 3 and MGL ch. Art. The decision may take the form of a ballot question, a private survey, or a poll. Fiscal review: Yes (W.S.1977 22-24-309). No statute found; used Term Limits Referendum (Nov. 1996) as a reference. 4, 1, Pt. Petitions must be submitted by 5 p.m. on or before the 90th day after the recess of the legislature, or if the 90th day is a weekend or holiday, by 5 p.m. on the preceding day that is not a weekend or holiday. Subject restrictions: The power of referendum does not extend to acts making appropriations for state institutions or to meet deficiencies in state funds (Const. Art. St. 32-1416). Who creates petitions: Secretary of state prepares a sample petition (MCA 13-27-202 and -205). III, 8). 100.371, 101.161; F.S.A. 19-121), Submission deadline of signatures: Four months before election (A.R.S. Art. 3, 18, 20). V, 1(3)). License petition entity must register with secretary of state and obtain license (C.R.S.A. 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). ; 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. Timeline for collecting signatures: Signatures are valid for two years, but a petition can circulate indefinitely (F.S.A. Art. On the graphic below, select either Citizen Initiatives or Popular Referenda at the top of the map. Art. 34-1801a), Ballot title and summary: Attorney general (I.C. Either way, the measure is put before the people (MS Const. 293.250). Details: Every initiative state requires some form of public notice. II, 9). Fiscal review: Office of Fiscal and Program Review prepares (1 M.R.S.A. To register as a paid circulator, in the past give years one cannot have been convicted of a crime involving fraud, forgery or identification theft in any state or be subject to a civil penalty due to an election offense. 1953 20A-7-202; 20A-7-205.5). Signers must be residents in at least three-fourths of the state house districts, and signatures in each house district must equal in number at least 7% of those who voted in the preceding general election, 3% of total votes cast for the office of governor from at least 15 counties. Full text of the measure must be attached (A.C.A. What is on each petition: Must include title and complete text must be attached (MCA 13-27-201). Art. 54, 53, Drafted by sponsors and approved by board of state canvassers. 3, 1; Constitution 48, Init., Pt. What is on each petition: Sponsors create petitions pursuant to guidelines in statute. Ballot measure committees must file pre-primary, pre-general, year-end and, if applicable, supplemental reports in even-numbered years. Art. Petition title and summary creation: Secretary of the commonwealth drafts a fair, concise summary that appears on petitions and on the ballot (Const. For statutory initiatives, 8 % of legal voters who cast ballots for governor in last election. 19-121), Ballot title and summary: Secretary of state, approved by attorney general (A.R.S. 5, 11; MACo v. The State of Montana, MT 267, 2017). Art. Both the initiative and the referendum originated in Switzerland in the first half of the 19th century. Prepared by chief legislative budget officer. 21 1). Attorney general after receiving written comments from Legislative Research Council, U.C.A. Art. After translating an article, all tools except font up/font down will be disabled. 12, 2; M.C.L.A. Circulator oaths or affidavit required: Yes (ORS 250.045(10)). By continuing to use this site, you consent to the terms of our cookie policy, which can be found in our. Petition title and summary creation: Secretary of state and approved by attorney general (V.A.M.S. Art. Art. V, 3 and 34 OS 1, 4 and 8). St. 32-628; 32-1546). L-04, 2011 WL 1130010 (July 5, 2011). Must be submitted to the local registrars two weeks before submission to secretary of state (M.G.L.A. Director of the Legislative Research Council prepares a fiscal note as requested. Circulators may not receive payment greater than $1 per signature. Art. Public review or notice: Secretary of state creates pamphlet with information and arguments and publishes the measures in newspapers leading up to the election. 3599.14). (Const. 34-1809), Time period restrictions before placed on the ballot: Must file by the May before the election the measure is to be voted on (I.C. Const. Who can sign the petition: Any registered voter of Missouri, but each petition page can contain only signatures from one county (Mo.Rev.Stat. Stat. N.R.S. Circulator oaths or affidavit required: Yes (Const. 295.012; 293.127563; Angle v. Miller, 2010, 722 F.Supp.2d 1206. Number of signatures required: 2% of the entire vote cast for governor at the preceding biennial state election (Const. Art. Art. Ballot title appears on the petition (RCW 29A.72.120). 1. Art. 3, 5). 22-24-405). 11 5). 4, Pt. 2, 3), Michigan (M.C.L.A. Petition title and summary creation: Secretary of state, official committee that filed and approved by attorney general (O.R.C. 2 with the secretary of state (34 Okl.St.Ann. Does the law in question take effect before the referendum vote: No (Const. (OH Const. 14, 3), Who can sign the petition: Registered Illinois voters (ILCS Const. 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. Proponent organization and requirements: Original filing must include a notarized form with the names and addresses of the petition sponsors (SDCL 2-1-3.1). 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. Cannot require an expenditure of money unless a sufficient tax is provided. St. 32-1410), Time period restrictions before placed on the ballot: Four months prior to the general election (Neb. Const. General assembly members opposing the amendment may prepare or designate others to prepare a brief argument against such amendment, submitted to attorney general (5 ILCS 20/2). 2, 10), Timeline for taking effect: Day after the election unless otherwise specified (Cal.Const. 3, 2; NDCC, 16.1-01-17). Governor may veto a measure initiative by the people and passed by the legislature, but then it is referred to the people as a popular referendum (M.R.S.A. Att'y Gen. No. AB 45; 30). For amendments, must be submitted for verification by the third Tuesday in June of the general election year. Only one state does not require this type of action: Before a measure is placed on a ballot, states decide which election it will appear on, how the ballot title and summary are created and any time restrictions involved. Art. Electronic reports of contributions and expenditures must be filed according to a schedule specified in ORS 260.057. III, 3). (Const. The initiative power extends only to laws which the legislature may enact. Repeal or change restrictions: For statutes, may be amended or repealed only by three-fourths of each house or by a vote of the electors. Code Ann. Must also be submitted to the appropriate officials of cities, towns or plantations, or state election officials as authorized by law, 10 days before it's due with the secretary of state. Art. Colo. Const. Fiscal statements are the most common type of review, giving estimates and analysis on the likely fiscal impact the proposed measure will have on the state. For an act passed less than 45 days before June 1, the first third of the required number of signatures must be submitted within 30 days of the act's passage, and the time for filing the additional required signatures is extended another 30 days (Const. They also randomly select signatures on each page and compare them to the electors' signatures in the registration records. 19-121.01). Legislature or other government official review: Office of Legislative Research and General Counsel prepares an impartial analysis of the measure, to be included in voter pamphlet. 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). A year after Los Angeles adopted the device, voters in that city recalled a city councilman. 15, 273; Miss. Maine: Secretary of state, along with revisor of statutes, may reject petition application if it does not conform to drafting conventions for statutes. Art. Number of signatures required: 15% of the total ballots cast in the previous general election (Const. Must report contributions received if in excess of $20 and all expenditures quarterly in off-election years, on the first Monday in May and every two weeks thereafter before the primary election, on the first day of each month beginning with the sixth full month before a major election, on the first Monday in September and on each Monday every two weeks thereafter before the major election, and thirty days after the major election (CRS 1-45-108). 11 1 and 5). 5, 1; C.R.S.A. Art. Timeline for collecting signatures: Eighten months. 5, 1; M.G.L.A. 3599.03). 106.03). 19-121. Paying per signature was held unconstitutional (Miss. Art. Art. Petition title and summary creation: Secretary of state (21-A MRS 901(4)). Legislature or other government official review: The secretary of state consults with the legislative counsel for any technical suggestions, which will be posted to the secretary's website (N.R.S. ", Miss. 6, 1), Repeat measures: Two years (U.C.A. 1953 20A-7-205). Circulator requirements: 18 years of age (NRS 32-629 and -1404). Art. Art. Paid per signature: The 2017 ban on paying circulators per signature was overturned in May 2022. Repeal or change restrictions: No veto from governor, and legislature may pass statutes normally (V.A.M.S. Proponent organization and requirements: Original filing includes the names and street addresses of every person, corporation or association sponsoring the petition (NRS 32-1405). IDEA. Stat. V, 1(4)(a) and CRS 1-40-123). Submit initiative draft to the Attorney General for official title and summary . Const. 19-119). Art. Art. From each of at least 26 Utah state Senate districts, legal signatures equal to 4% for indirect or 8% for direct initiatives of the number of active voters in that district on Jan. 1 immediately following the last regular general election. Code 9001). Who creates petitions: Sponsors create the petition. What is on each petition: Must include the full text of the measure and the title drafted by the attorney general, signers statement and circulator's declaration (RCW 29A.72.100 and .130) . Stat. Art. 3, 52(c) and Wyo. Reports of State Question Communications are required if aggregate expenses for a communication made at least 15 days before the election equal to exceed $5,000. Art. Art. These requirements vary widely, most often including newspaper publication, other public displays such as posting on the internet, or public comment periods. Cannot be same as a measure at either of the two preceding biennial state elections. If such activity occurs within 30 days of an election, a statement must be filed within 48 hours. 21 1 and A.R.S. III, 3). Cal.Elec.Code 9014; 9016; Cal.Const. Art. Most states require proponents of a proposed law to follow guidelines. Clerks check the names, verify they are 18 or older, and determine if they are a registered voter. 16, 6; N.R.S. 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. 1953 20A-7-212). 4, Pt. Where to file: State Board of Election Commissioners (Const. Art. 116.120). Const. Political recall efforts in Virginia result in a circuit court trial instead of an. Const. Art. XLVII, Pt. Const. Missouri: 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. 168.32). VI). XVII, 1; Art. Understanding the Ballot Initiative Process - ThoughtCo required vocational training programs for children. Wyoming: Upon request, the legislative service office or any agency in the executive department shall render assistance in reviewing and preparing comments on the proposed bill. If he finds it in proper form, he shall so certify. Application process information: No fee or application prior to circulating. 3, 52(c)(ii). 116.025). Art. Allowed to pay another for their signature: Prohibited (Utah Code 20A-7-312(3)). Verification: Lieutenant governor verifies the total number of signatures and qualification of the signers, and that there are sufficient signers who are resident in three-fourths of the house districts (AS 15.45.160). Proponent organization and requirements: No later than thirty (30) days after a proposed bill is submitted for certification, the committee of applicants the names of 100 registered voters who will act as sponsors. Const. Art. Art. There are critics that disapprove of . 4, 2; Constitution 48, Init., Pt. 3, 51; V.A.M.S. One year for collection and must address written petition to the legislature. The Progressive Era Pt. 1 Flashcards | Quizlet Study with Quizlet and memorize flashcards containing terms like The Boston Tea Party, Whisky Rebellion, and California's Proposition 13 were all popular rebellions that were related to _____., Eliminating tax increases may result in _____., Democracy in the United States derives its powers from _____. 3, 6). Number of signatures required: 5% of total votes cast for all candidates for secretary of state at the last general election (Const. 5 1; 7-9-122), Maine (M.R.S.A. Ballot title and summary: Proponents draft and submit a ballot title in their original filing (34 OS 8). The following is not a legal, comprehensive list of every campaign finance law governing the referendum process in each state but is rather a basic summary and starting guide for where to find relevant statutes. Art II, 10 and Elec. Canadians, in May 1980, defeated a proposal that would have forced the national government to negotiate sovereignty for the French-speaking province of Quebec. 19, 1 and NRS 295.045 and .056. Who creates petitions: The proponents (Miss. 23-17-29). 250.036). Types Allowed: Indirect initiative for statutes, and popular referendum. II, 1g; O.R.C. III, 52(a) and Mo.Rev.Stat. 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. 14, 9; MCA 13-27-503; 13-27-504). Withdrawal process of individual signature: By crossing out his or her own signature at any time prior to the time when the petition is presented to the county clerk for signature verification, or at any time after presentation of the petition to the county clerk but prior to verification of the signature, by presenting in writing or submitting electronically to the county clerk a signed statement that the signer desires to have his name removed from the petition. For three years, measures can only be proposed again by signatures totaling 25%of total votes cast for governor last election, and special rule for competing measures. 5 1). 1b), Repeal or change restrictions: No veto by the governor (OH Const. 19, 2). III, 2). 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. 116.060). Additional statements for ballot measure committees are due April 30 and Oct. 31 (Govt. Vote requirement for passage: Majority (Const. Biennial regular general election, with submission deadline three months and three weeks prior to election. However, the bans in North Dakota and Oregon were upheld by federal circuit courts. Laws that relate to religion, religious practices or religious institutions; the appointment, qualification, tenure, removal or compensation of judges; the powers, creation or abolition of courts; the operation of a particular town, city or other political division or to particular districts or localities of the commonwealth; or the appropriation of money for the current or ordinary expenses of the commonwealth or for any of its departments, boards, commissions or institutions. 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). If amended, expires or is rejected, it goes onto the ballot. IV, 1(4)). There has been one exception: The case Initiative and Referendum Institute v. Jaeger (2001) in North Dakota upheld the ban on paying per signature.