5, 1; C.R.S.A. Some states also include signatures to be gathered from across the state, although some of these requirements have been found to be unconstitutional. Ten% of total votes cast in previous general election with geographic requirement, Ten% of votes cast for all candidates for governor in previous election for statutes; 15% for amendments, Eight% of the total number of legal voters for statutes; 10% for amendments, Five% of votes cast for governor in last election for statutes or ; 8% for amendments, Five% of votes cast for secretary of state in last election, Eight% of total votes cast statewide in last presidential election, Six% of qualified electors at the time of the last general election, Eight% of votes cast for governor in last gubernatorial election, Ten% of total votes cast for governor in last gubernatorial election, M.G.L.A. Cannot start collecting more than two years before the election (ILCS Const. 168.487). ), Const. 8; 9). Art. Art. II, 1b; Art. Petition title and summary creation: Lieutenant governor (Const. Circulator requirements: US citizen and at least 18 years of age (Wyo. 2, 19; Amalgamated Transit Union Local 597 v. State of Washington, 11 P.3d 762 [2000]), Arkansas (AR Const. Time period restrictions before placed on the ballot: There must be more than 180 days between the adjournment of the session during which the act was passed and the election at which it is considered (Const. These include filing reports and designating organization officers. No statute found; used Term Limits Referendum (Nov. 1996) as a reference. 24, 1), Utah (U.C.A. Subject restrictions: No law making any appropriation for maintaining the state government or for maintaining or aiding any public institution, not exceeding the next previous appropriation for the same purpose, shall be subject toreferendum. 16, 6; N.R.S. Petition title and summary creation: Secretary of state and approved by attorney general (NDCC, 16.1-01-07). 2, 24). Designated representatives must, within 10 days of filing a completed petition, file a report containing information about paid circulators and any other expenditures made in relation to circulating petitions (CRS 1-40-121). The attorney general submits a draft ballot title and the public may submit written comments in regard to it, which the attorney general may use to revise the title (O.R.S. Application process information: A prospective petition must be filed with the secretary of state. Successful ballot initiatives can create, change or repeal state and local laws . Withdrawal of petition: None, the withdrawal process specified in statute applies only to initiative petitions (CRS 1-40-134). Const. Application process information: No fee or application prior to circulating. 12, 2; M.C.L.A. Art. For indirect statutory initiatives, 3% of votes cast for governor in last election to submit to the legislator. Art. Attorney general then submits petition to the secretary of state which begins the deadline clock (Cal.Elec.Code 336, 9001, 9002, 9004). Const. 21 1 and A.R.S. XVI, 5(b) and Elec. Which election: Biennial general election (Const. 905-A; M.R.S.A. Art. Art. 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). Prepared jointly by the secretary of state and attorney general, Const. 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 _____. II, 10(a)). Several states have or had statutory bans on paying circulators either per signature or in general. Subject restrictions: Acts that become effective earlier than 90 days after the end of the session are exempt from the referendum (Const. Regular election unless otherwise ordered by Legislative Assembly, and restrictions of four months prior to the general election. Prior to receiving a contribution or making an expenditure, a campaign must designate a treasurer by filing with the secretary of state. Art. V, 2). It is based on the principle that officeholders are agents of the popular will and should, therefore, be constantly subject to its control. When formed as a ballot question committee, it must file campaign statements and other forms with the Nebraska Accountability and Disclosure Commission, all on a set timeline (NRS 49-1401). Public review or notice: Secretary of state creates pamphlet with information and arguments and publishes the measures in newspapers leading up to the election. Where to file with: Secretary of state (OK Const. IV, pt. Const. Subject restrictions: The following language applies to initiatives and may apply to referenda, This Article does not permit the proposal of any statute or statutory amendment which makes an appropriation or otherwise requires the expenditure of money, unless such statute or amendment also imposes a sufficient tax, not prohibited by the Constitution, or otherwise constitutionally provides for raising the necessary revenue" (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). 116.030) and secretary of state drafts a ballot title which appears on the petition (Mo.Rev.Stat. Petition title and summary creation: Secretary of the commonwealth drafts a fair, concise summary that appears on petitions and on the ballot (Const. From official summary date by attorney general, 180 days to collect and must be filed at least 131 days prior to the next general election the measure is to be voted on. 3, 4; Art. Where to file: Not specified in statute; presumably with the State Board, since the Board is empowered to adopt regulations specifying how to file. Submission deadline of signatures: Filed four months before election, and have been published in newspaper at least 30 days prior (Ark. Petition title and summary creation: Proponent with attorney general approval (A.C.A. Art. Number of signatures required: 10% of the voters who voted in the preceding general election (Const. Const. Skip over the Blank Pages below! 5, 11; MACo v. The State of Montana, MT 267 [2017]), Nebraska (Ne.Rev.St. Attorney general after receiving written comments from Legislative Research Council, U.C.A. Art. 3, 53. Which election: Next general election at least 31 days after the measure qualifies or at a special statewide election held prior to that general election; the governor may call a special statewide election for the measure (Const. And secretary of state will hold public hearings at least 95 days before the election (O.R.S. To re-enable the tools or to convert back to English, click "view original" on the Google Translate toolbar. Which election: Regular election (State, congressional, or municipal) or a special election called by proper official or when 15% of voters petition for one (Const. Art. For amendments, unless specified otherwise, July 1 following approval (MCA 13-27-105; MT CONST Art. Geographic distribution: The registered voters signing such petition shall be so distributed as to include five percent of the whole number of votes cast for governor at the last election in each of two-fifths of the counties of the state (Const. Const. Where to file with: Secretary of states office and attorney general (AR Const. From three-fourths of house districts of the state with signatures from each district equaling at least 7% of the total votes from preceding general election. Circulator requirements: Any Maine resident who is a registered voter (21-A MRS 903-A). Attorney general, after receiving written comments from the Legislative Research Council. Allowed to pay another for their signature: Prohibited (O.R.C. 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). Art. Six states do not have a law governing conflicting measures: Florida, Illinois, Montana, Oregon, South Dakota and Wyoming. Art. 19, 2). 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. 8). 250.029). A fee of $500 is required; fee is deposited in general fund (Const. Art. 5, 11; MACo v. The State of Montana, MT 267, 2017). What Are The Different Types And Forms Of . Ark. Submission deadline for signatures: Within 90 days after the adjournment of the legislative session in which the act was passed (AS 15.45.370(2)). 19-111). Must contain only subjects that are related or mutually dependent. Recall, the device by which voters may remove public officials from office, also originates with the people. II, 1(c)). Depending on the legislature's action, the proponents may continue to pursue placement on the ballot for a popular vote. Sponsors of advertising must file a report within 24 hours of the time the advertisement is published, mailed or otherwise revealed to the public if the advertisement qualifies as an independent expenditure or has a fair market value or actual cost of $1,000 or more (RCW 42.17A.260). Recall, the device by which voters may remove public officials from office, also originates with the people. 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. Petitions must be submitted not more than 90 days after the end of the session at which the act was passed. Art. 5, 1). IV, 1). 1(3)). Washington: Code reviser or assistant code reviser reviews the proposal of the initial petition and recommends revisions or alterations in an advisory capacity only. 3, 52(g) and Wyo. 7-9-103). States also decide which election a ballot measure will be voted on and any time restrictions before a measure is placed on a ballot. 3, 2; NDCC, 16.1-01-17. 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). 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. Where to file with: Secretary of state (Neb. Secretary of state shall print pamphlet of statements in support and against the measures along with the attorney general's title, explanation, and clear statement of a yes or no vote, and if possible, a fiscal statement (SDCL 12-13-23 and 25.1). Utah: For indirect initiatives, the legislature may make technical changes only, and prepare a legislative review note and a legislative fiscal note on the law proposed by the initiative petition. 5, 3). 14, 3 and see Coalition for Political Honesty v. State Board of Elections (1976)). Art. 5, 6; 34 Okl.St.Ann. Some things to consider as you begin to review. LXXIV, 2 and MGL ch. For direct initiatives, signatures must be submitted by Feb. 15 immediately before the next general election. 2, 10). For constitutional amendments, 8% of total vote for governor in last election in each of two-thirds of the state's congressional districts. Art. Through these processes, voters can adopt a change in law (an initiative), disapprove a law passed by the Legislature (a referendum), or remove an elected official from office (a recall). Circulator oaths or affidavit required: Yes (Utah Code 20A-7-303(3)). Proponents of an initiative, referendum, or recall effort must apply for an official petition serial number from the Town Clerk. Circulator oaths or affidavits: No statute, Paid per signature: May be paid (F.S.A. Submission deadline for signatures: Within 90 days following the final adjournment of the legislative session at which the law was enacted (Const. Ballot title and summary: Ohio ballot board. 7-9-108). 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). Proponent financial disclosure requirements: Include but may not be limited to that proponent or opponent groups for a ballot proposition are considered political issue committees unless they meet certain criteria such as not expending more than $5,000, and political issue committees register and report financially (U.C.A. II, 1c). N.R.S. All three have in common the fact that, at some point or other, the people vote on them; and in most cases, the vote of the people is final. Some definitions of 'referendum' suggest it is a type of vote to change the constitution or government of a country. Amend. The obligatory referendum was first adopted by the canton of rural Basel in 1863. Collected in-person: Yes (U.C.A. VI). 6, 1; U.C.A. 11 5). Art. Art. Art. II, 1c). Proponents may suggest title (OH Const. Art. Const. License petition entity must register with secretary of state and obtain license (C.R.S.A. 11 5, Idaho: I.C. 4, 5; M.G.L.A. 19, 2; American Civil Liberties Union of Nevada v. Loma (2006); N.R.S. 54, 22A, Missouri: Mo.Rev.Stat. Other subject restrictions: Measure provisions cannot be dependent upon meeting certain vote %age. County recorder or justice of the peace. The initiative power extends only to laws which the legislature may enact. Art. Application process information: Not available in statute. 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). 8). Paying per signature was held unconstitutional (Miss. 11 906(6)(B)). Art. Then within 15 days the attorney general provides certificate of review. Art. Art. Only regular state, congressional and municipal elections, and filed at least four months before election. Thirteen states require a simple majority to pass statewide ballot measures: Alaska, Arizona, Arkansas, California, Idaho, Maine, Michigan, Missouri, Montana, North Dakota, Ohio, Oklahoma andSouth Dakota. Committee must create a "top funders sheet" that is included as part of the petition (Elec. 3, 3; NRS 32-1402 and -1403, Nevada: Const. Fiscal review: The fiscal notes for constitutional amendments and statewide measures proposed by initiative or referendum must be prepared by the secretary of state, upon consultation with the Fiscal Analysis Division of the Legislative Counsel Bureau (N.R.S. Circulator requirements: Must be 18 years old and an Ohio resident (O.R.C. 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. Sponsoring committee must file a statement of renumeration prior to circulating signatures if circulators will be paid. 168.544c). 2, 1). If they fail, they may be submitted directly to a vote by the public, who may override the action of the legislature. XVI, 2). Which election: Next statewide election, unless a special election is called by the legislature of the governor for the express purpose of considering a referendum (Const. Proponent organization and requirements: Must obtain certificate of review from attorney general and file petition with secretary of state (I.C. For constitutional amendments, from 44 of 88 counties, signatures from 5 % of the votes cast for governor in each county in previous election (OH Const. Number of signatures required: 10% of those who voted in the preceding general election (AS 15.45.370(2)(A)). If a congressional district has 110 % of the needed valid signatures, the petition qualifies in that district. Art. If a second sampling is needed, an estimated duplication rate will be calculated. 4, 3; Constitution 48, Init., Pt. III, 5(2)). Submission deadline of signatures: Six months before the general election (ILCS Const. Cure period for insufficient signatures: Upon notice that the petition was improperly filed, sponsors may amend and correct the petition by circulating and filing a supplementary petition within 10 days of the date that notice was given if 90 days have not expired after the adjournment of the legislative session in which the act was passed (AS 15.45.400). . XLVII, Pt. Some states do not specify a method for verification. 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. Petitions must be submitted to counties for verification four weeks before this deadline (MCA 13-27-301). 5, 1 and ACA 7-9-107). Allowed to pay another for their signature: Prohibited (Miss. Who creates petitions: Proponents with advising by attorney general (Cal.Elec.Code 9012), Fiscal review: Prepared by attorney general, department of finance and the legislative analyst office (Cal.Elec.Code 9005; Cal.Gov.Code 12172). Withdrawal process of individual signature: Can file a request with the county clerk any time before the petition is filed (NRS 295.055). Public review or notice: Any voter or group on or before July 20 may file an argument of 500 words or less. II, 1g; Art. A person, committee or political party that pays signature gatherers is required to file the same financial disclosures required under Title 13, Chapter 37. Nebraska Const. 3, 1 and SDCL 2-1-1 and 2-1-5). XLVII, Pt. IV, 1(4)). Two states require supermajorities for laws that seek to alter specific topics. Amend. 34, 25, Next statewide election unless a special election is called by the legislature or the governor for the express purpose of considering a referendum, Regular election unless otherwise ordered by the legislative assembly, Next regular general election or a special election called by the lieutenant governor, Const. Art. II, 1g). 100.371), Fiscal review: Yes, by the Financial Impact Estimating Conference (F.S.A. Art. Vote requirement for passage: Majority (Const. Who can sign the petition: Qualified voters (Const. Petitions are deemed invalid if signatures are gathered in violation (ORC 3501.381). Art. CONST. 14, 3). Some states offer no assistance or advice to initiative proponents on the draft of their proposed law. Submission deadline for signatures: Ninety days after the law is filed by the governor in the office of the secretary of state (Const. III, 3 and NDCC 16.1-01-09(3)). Art. Who can sign the petition: Qualified voters (M.G.L.A. III, 4; Neb. V, 1(6) and CRS 1-40-111(2)). III, 1). St. 32-628; 32-1546). Number of signatures required: For statute, 8 % of the total votes cast for governor in the last general election. Art. Application for Initiative or Referendum Serial Number. If 110 % or more, the petition passes. 1953 20A-7-203 and include notice to signers, date, room for signatures, title of the initiative, the fiscal impact statement, a warning, language about a tax increase if applicable, and signed verification by the circulator (U.C.A. Proponent financial disclosure requirements: Must obtain a petition entity license before circulating petitions or paying circulators (CRS 1-40-135(2)). States sometimes limit how soon a measure can be re-attempted. III, 5). Art. Art. 8). Where to file with: Legislative council and office of legislative legal services first, and then the secretary of state (C.R.S.A. 273; Miss. answer choices. Code 84202.3). Rev. Art. What is on each petition: Serial number, name and address of paid circulator, and contents approved by secretary of state (F.S.A. Art. 905-A; M.R.S.A. III, 3; Bernbeck v. Gale, 59 F.Supp.3d 949 (2014); 829 F.3d 643, United States Court of Appeals, Eighth Circuit. 54 53). Art. Number of signatures required: 5% of the votes cast for governor at the preceding election (Const. hired children as a source of cheap labor. Art. 8). Art. Majority to pass: Yes, except in the case of authorizing gambling or lottery, which requires 60 % to pass (RCWA Const. A statewide special election may be called for amendments (M.C.L.A. 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). 23-17-1; 23-17-3). Where to file with: Lieutenant governor (U.C.A. 187; Okl.St.Ann. St. 32-1405). A.R.S. 34-1804, 34-1809). Art. These serve as the ballot title (MCA 13-27-312). Same if an alternate measure is proposed (M.C.L.A. In Arkansas and Maryland, the application is filed with the state election board. Submission deadline of signatures: At least 30 days before Feb. 1 of the year of the general election that the measure is to be voted upon (F.S.A. For indirect statutory initiatives, after turning in original 3 percent of signatures, proponents must return next batch of signatures (another 3 percent) within 90 days of the legislature not enacting or amending a measure. Const. 3, 19). Public review or notice: In consultation with the attorney general, the secretary state writes an analysis of the effect of the measures, which will be published in the columns for two weeks prior to the election (NDCC, 16.1-01-07). . IV, 1(4) and ORS 250.045). 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. Art. 116.110). Which election: Next general election (Const. If statistical sampling shows that the number of valid signatures is between 95-110% of the number required, an examination and verification of signatures is conducted (Elec. XVI, 2). Massachusetts: Proponents may alter the measure in small ways after legislature reviews it. Withdrawal of petition: Proponents may withdraw a measure at any time before filing the petition (Elec. Circulator oaths or affidavit required: Yes (NRS 32-630 and -1404). Must be a true and impartial statement of the purpose of the measure (MCL 168.482b and 168.22e). Paid per signature: No ban, but must state employer if paid (O.R.C. Out-of-state committees that make expenditures supporting or opposing ballot propositions in Washington are required to file reports (RCW 42.17A.250). "Direct Democracy" in California. 3, 5). Code 9030). Otherwise, they may submit an alternative measure. 48, Pt. Art. May only amend structural and procedural subjects contained in Article IV. An initiative is a proposal of a new law or constitutional amendment that is placed on the ballot by petition, that is, by collecting signatures of a certain number of citizens. 23-17-17). 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). Repeal or change restrictions: No veto from governor, and legislature may pass statutes normally (V.A.M.S. Depending on the nature of the particular plebiscite, the result may be binding or it may be only advisory. Code 9001). Time period restrictions before placed on the ballot: Signatures must be filed one year prior to the election (SDCL 2-1-1.2). Six states (California, Maine, Massachusetts, Nebraska, Ohio and Wyoming) require a certain number of days, ranging from 30 to 180, to pass between the date the petition qualifies and the election. Where to file: Secretary of state (IC 34-1804). 6, 22), Washington (RCWA Const. Const. Withdrawal of petition: The sponsor may file a written notice to withdraw the initiative with the secretary of state (V.A.M.S. 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. 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.