II, 1g). 7-9-404; 405; 406; 407; 408; 409). Number of signatures required: 2% of the entire vote cast for governor at the preceding biennial state election (Const. 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. Reports of contributions and expenditures are due on the 21st and seventh days immediately preceding an election and the 10th day of the first full month after an election. 3, 1; SDCL 2-1-6). Initiative and referendum - Ballotpedia Const. Art. 1-40-108). St. 32-628), Allowed to pay another for their signature: Prohibited (Neb.Rev.St. Allowed to pay another for their signature: Not specified. Majority to pass: Yes, except in the case of authorizing gambling or lottery, which requires 60 % to pass (RCWA Const. Art. Art. States with geographic requirements that use entities that are unequal in population, such as counties or even state legislative districts, are more likely to have the requirement challenged in court. To re-enable the tools or to convert back to English, click "view original" on the Google Translate toolbar. Which election is a measure on: General election (I.C. Prepared by attorney general, department of finance and the legislative analyst office. 3, 17(1)). V 1). General review of petition: Within 20 days after initial petition filing, attorney general reviews and recommends revisions in an advisory capacity. Petitions must be submitted not later than 90 days after the final adjournment of the legislature; if that deadline falls on a Saturday, the office of the secretary of state must be open from 8 a.m. to 5 p.m.. Const. Progressive Era p 5-8 MC #1-13 questions & answers for - Quizizz 168.474a; 168.486; 168.477; 168.3, V.A.M.S. Which election: Biennial regular election (IC 34-1803). 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. 250.029). 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. Art. Art. In the United States, amendments to state constitutions also must be put before the voters for approval. Which election: First general election to be held not less than 30 days after the filing ofthe petition (Const. 34-1812a, 34-1812b, I.C. Cannot start collecting more than two years before the election (ILCS Const. Petitions with an incomplete or modified affidavit are invalid (Const. Petitions must be filed not more than 60 days after the final adjournment of the legislative session which passed the bill on which the referendum is demanded. All 24 citizen initiative states require political organizations supporting or opposing a ballot measurealmost always considered political action committeesto follow state campaign finance laws. Art. XLVII, Pt. Withdrawal process of individual signature: Signature may be withdrawn not later than 5 p.m. on the date the petition containing the person's signature is filed by signing a statement of intent to withdraw at the secretary of state's office, mailing a signed, notarized statement of intent to the secretary of state or drawing a line through the signature and printed name (ARS 19-113). Proponent financial disclosure requirements: Reports of expenditures and contributions received are required quarterly in non-election years and monthly, March through November, in election years. (SDCL 2-1-3). Legislature or other government official review: No additional review. II, 1(b) and RCW 29A.72.150, 4% of the votes cast for the office of governor at the last election, 15% of the total ballots cast in the previous general election. Referendum, however, is a measure submitted by the government to the people for their approval. Circulator oaths or affidavit required: Yes (NMSA 1-17-5 and -6). Const. Const. 2, 9; M.C.L.A. Proponent financial disclosure requirements: Include but may not be limited to a ballot question committee filing campaign statements, filing the 16th day before the election to the 11th day before the election, a postelection campaign statement, fines if failure to file properly, advertising guidelines (M.C.L.A. Which election: Biennial general election (Const. LXXXI, 4). Attorney general after receiving written comments from Legislative Research Council, U.C.A. 3519.01). General election, and must file by the May before the election the measure is to be voted on. What is on each petition: Sponsors create petitions pursuant to guidelines in statute. 1953 20A-7-204.1; 20A-7-208; 20A-7-702). AB 45; 30). Fiscal review: Yes (W.S.1977 22-24-309). 5, 1). For statutory initiatives, 8 % of legal voters who cast ballots for governor in last election. Timeline for taking effect: When approved (Const. Art. Application process information: Any legal voter of the state may file with the secretary of state a legible copy of the part of such act on which a referendum is desired, an affidavit that the sponsor is a registered voter and a filing fee in an amount to be established by the secretary of state (RCW 29A.72.010). During the 14 days before the election, reports of any communication exceeding $5,000 in the aggregate are due within one business day. Thirty percent in Massachusetts (Massachusetts Constitution 48, Init., Pt. For indirect statutory initiatives, roughly 11 months and two weeks (N.R.S. A political committee must have a treasurer before receiving contributions or making expenditures. 1953 20A-7-702; 20A-7-204.1; 20A-7-701-706). Const. 19, 2; N.R.S. Const. Every state includes requirements for the circulators operating in the state. Proponents write title (M.G.L.A. Fifteen % for amendments (A.R.S. Art. Art. St. 32-1407), Which election is a measure on: Next general election at least four months after filing the signatures (Neb. 14, 11). 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. 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. Board of Election commissioners and then certified to the secretary of state. Stat. What is on each petition: The format follows statute guidelines, must be notarized, must have specific language including legal warning, ballot title and abstract from fiscal impact statement (CRS 1-40-110, 1-40-105.5). 23-17-17; 23-17-19). Twenty-three states have popular referendum processes. Art. Collected in-person: Yes, In-person (21-A MRS 902). 3519.01; 3519.02; 3513.10). 5, 3). We hope you and your family enjoy the NEW Britannica Kids. II, 1(d) and RCW 29A.72.030). Which election: At the next ensuing election held throughout the state for members of the U.S. House of Representatives (Const. South Dakota has a unique statute regarding pay: may pay based on hourly wage or salary, express or implied minimum signature requirements for the circulator to meet, may terminate someone's employment if they do not meet "certain productivity requirements," and may pay discretionary bonuses based on reliability, longevity, and productivity. (SDCL 12-13-28). Submission deadline for signatures: Within 90 days after the adjournment of the legislative session at which it was passed (Const. 14, 10). Validity determined by the board of elections. Where to file: Secretary of state (NRS 32-1405). Const. V, 1(3), "The filing of a referendum petition against any item, section, or part of any act shall not delay the remainder of the act from becoming operative.". II, 9). Const. 11 3), Collected in-person: No direct statute (F.S.A. Subject restrictions: Acts making appropriations for the expense of the state government or a state institution existing at the time of the passage of such act are not subject to referendum (Const. Art. A filing fee of $500 accompanies the application (W.S.1977 22-24-302; 22-24-303). To allow opportunity for referendum petitions, no act passed by the legislature shall be operative for 90 days after the close of the session of the legislature enacting such measure. Governor may call a special statewide election for the measure. What is on each petition: Petition includes original bill number, title and affidavit signed by no more than three proponents file the measure (34 OS 1). Timeline for collecting signatures: Must be 180 days from official summary date by attorney general (Cal.Elec.Code 9014). Const. 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. Proponent organization and requirements: Must sign affidavit and must refile after recommendations (RCWA 29A.72.010; 43.07.120; 29A.72.020; 29A.72.040). Art. 19, 3; N.R.S. 116.180). Art. Art. 22-24-411). Art. (Note: This provision was found unconstitutional in July 2020 by a Superior Court judge and was later affirmed Aug. 31, 2020 by the state supreme court. Art. Const. XVI, 2). The petition and affidavit are prescribed by the state board of elections and follow administrative rules (SDCL 2-1-1.1; 2-1-1.2; South Dakota Administrative Rules 5:02:08:07). The Law of direct democracy Book 2014 WorldCat. Art. Types allowed: Indirect initiative for statutes, direct initiative for constitutional amendments, and popular referendum. 24 States may have the direct initiative, the indirect initiative or the choice of either. If the legislature does not enact the proposition, then proponents may collect the additional 5% signatures required to get the measure onto the ballot. 6, Sec. Art. Petition title and summary creation: A title board comprised of the attorney general, the secretary of state and the director of the office of legislative legal services or their designees (CRS 1-40-106). June 22, 2022; a la carte wedding flowers chicago; . Application process information: Sponsors draft petition and file with secretary of state (34 OS 1). Art. Committee must create a "top funders sheet" that is included as part of the petition (Elec. Fiscal review: If the measure will have an effect on revenue, expenditures or the fiscal liability of the state, the attorney general orders the budget director to prepare one (MCA 13-27-312). Const. Const. 106.191). Art. Art. 8), South Dakota (SDCL 12-13-25.1; 12-13-26; 2-1-1-1; 2-1-1-2), South Dakota (SDCL 12-13-25.1; 12-13-26), Alaska: AS 15.13.040; 15.13.050; 15.13.065; 15.13.110, Arkansas: A.C.A. Code 9001, $2,000; refunded if measure qualifies for the ballot within two years. Art. M.C.L.A. Who can sign the petition: Legal voters (IC 34-1805 and -1814). IV, 1). Conflicting measures: No statute found other than if the attorney general determines that their subject/purpose/effect are similar, they will give them identical ballot titles (OR Rev. Allowable uses of funds by ballot measure committees are specified at Elec. Art. The board may certify them, or if it finds they are misleading or confusing, may refuse to certify them. And, 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 (M.R.S.A. 4, 1, Pt. 1953 20A-7-202; 20A-7-205.5). Art. Such statement shall in clear and concise language explain the effect of a vote for and against the measure in such language that the statement will not be intentionally an argument or likely to create prejudice, either for or against the measure (NRS 32-1410(2)). For constitutional amendments, generally take effect upon passage (Opinion of the Justices (1972) 287 N.E.2d 910, 362 Mass. Code Ann. Ballot title and summary: Secretary of state drafts ballot language statements that fairly and accurately explain what a vote for and what a vote against the measure represent, approved by attorney general (Mo.Rev.Stat. 32-1405.01). Prepared by the Office of Fiscal and Program Review. Majority to pass: Majority and at least 35 % of the total votes cast in the entire election (Ne.Rev.St. 3599.14). 168.474a; 168.486; 168.477; 168.32). Proponent financial disclosure requirements: Include but are not limited to regular reports filed with Ethics Commission, deadlines for filing, dollar amounts to report, dollar limits on contribution amounts, and no donations from PACs or anonymous contributors (A.C.A. Types allowed: Direct citizen initiative for statutes and amendments and popular referendum, Single subject rule: Yes (C.R.S.A. In all other cases, an act that is subject to the referendum remains in effect until it is rejected at an election (MCA 13-27-105(3)). Who can sign the petition: Registered electors of the state (Const. 250.015; 250.052; 250.045). 295.009; 294A.150; 294A.220, North Dakota: NDCC, 16.1-08.1-02.4; 16.1-08.1-03.1; 16.1-08.1-03.2, Ohio: O.R.C. Under the obligatory type, a statute or constitution requires that certain classes of legislative action be referred to a popular vote for approval or rejection. 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. Nonpartisan staff of general assembly prepare summary, analysis and fiscal review (C.R.S.A. 2, 10; Cal.Elec.Code 9004). Circulator requirements: 18 years of age (34 OS 6). Sponsor or group who receives contributions or spends over $500 for the passage or defeat of the referendum must file a statement of organization as a ballot question committee. Indirect initiatives can require two rounds of signature gathering, so timelines and deadlines for these are more complex. In calendar quarters with an election, additional reports are due 10 days before the election and 15 days after the election. IV, 1). II, 1b; Art. Who creates petitions: The secretary of state prepares five camera-ready copies of the petition for the sponsors (NRS 32-1405). 19-124). Number of signatures required: 6% of total votes cast for the office of governor in the last general election (Const. 295.300), Number of signatures required: Ten % of the votes cast in last general election (N.R.S. For direct initiatives, signatures must be submitted by Feb. 15 immediately before the next general election. Const. Art. Secretary of state drafts ballot language that fairly and accurately explains what a vote for and what a vote against the measure represent; approved by attorney general. Code Ann. 116.320). Art. Art. 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. XI, 5). 3, 2; NDCC, 16.1-01-17). These provisions stipulate that petition signatures must be gathered from multiple parts of the state. They also randomly select signatures on each page and compare them to the electors' signatures in the registration records. Seven years (or two-thirds vote prior to seven years), Two years (or two-thirds vote prior to two years). Which election is a measure on: Regular election unless otherwise ordered by Legislative Assembly (OR CONST Art. 901), Where to file with: Secretary of state (M.R.S.A. What is on each petition: Petition must include a short title of 20 words or less, a summary and the text of the measure. 72.050 and .060). Where to file: Secretary of state (Const. Number of signatures required: 10% of the total number of votes cast in the last general election; or 25% to suspend operation of the act until the election (Const. On May 18, 1981, Italians resoundingly defeated a proposal to repeal a controversial 1978 abortion law, although the Catholic church had strenuously urged repeal. Weve been busy, working hard to bring you new features and an updated design. Which election is a measure on: General election (N.R.S. 1(9) and ARS 19-112). General election, and signatures must be filed one year prior to the election. Const. Who can sign the petition: Registered electors of the state (M.C.L.A. 168.472), Oklahoma (OK Const. Legislature or other government official review: The Financial Impact Estimating Conference members of one person from the governors office, the coordinator of the Office of Economic and Demographic Research, one professional senate staffer and one professional house staffer (F.S.A. Art. III, 3). 48, Init., Pt. For amendments, 10 % of the total votes cast for governor (M.C.L.A. IV, pt. Law 6-205(d)). III, 2). 1953 20A-7-202; U.C.A. II, 1g and ORC 3501.38). Application process information: The person(s) or organization(s) under whose authority the measure is to be referred must deliver to the secretary of state the petition, signed by at least 20 qualified electors of the state (IC 34-1804). Art. A ballot summary is prepared by Department of Legislative Services and approved by attorney general Elec. General review of petition: The director of elections, with the approval of the board of canvassers, prepares a statement of designation for the ballot (M.C.L.A. II, 1g; O.R.C. Who can sign the petition: Legal voters of the state of Oklahoma (34 Okl.St.Ann. Art. Colorado and Nevada require a simple majority for statutory measures only. Number of signatures required: 5% of the number of votes cast for all candidates for governor in the last general election (Const. III, 3). And attorney general reviews legality (MCA 13-27-202; 13-27-312; 13-27-402). II, 1g). Application process information: A prospective petition must be filed with the secretary of state. 23-17-21). Time period restrictions before placed on the ballot: See timeline and deadlines. If the total signatures meet 90-100% of the requirement, the county clerk(s) check all of the signatures until 100% is reached. Art. Const. Paid per signature: Cannot pay based on signature total collected. Petition title and summary creation: The filer submits a description pursuant to N.R.S. 19, 2). 19, 3; Art. May only be attempted once every three years. Art. A simplified explanation of the initiative process follows. 23-17-43). In April 1983, a recall vote to remove San Franciscos mayor Dianne Feinstein from office was overwhelmingly defeated. 168.471; 168.472. All 23 popular referendum states require political organizations that support or oppose a ballot measure, often considered political action committees, to follow state campaign finance laws. Ballot title and summary: Secretary of state (Const. II, 1(c)). If raising more than $5,000 in a year, the entity must register as a ballot question committee. Const. Timeline for taking effect: When approved by a majority of voters (Const. 4, Pt. 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. Art. 13, 1). 293.1276 to 293.1279). 32-1407), Submission deadline of signatures: Four months prior to the general election (Neb. 5, 5; M.G.L.A. Art. 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). 5, 1). Code 16.1-01-10). Timeline for taking effect: 10 days after the official declaration of the vote (Const. Repeal or change restrictions: May repeal or alter a statute at any time. Must file statement of organization as a PAC upon receiving contributions or making expenditures in any combination of at least $1,000 in connection with an election. 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. Legislature or other government official review: Nonpartisan staff of general assembly prepare summary, analysis and fiscal review (C.R.S.A. Collected in-person: Yes (O.R.C. Must file measure's full text and three designated sponsors who are Wyoming voters to act as official sponsors of the campaign. 54 53). Art. Recall, the device by which voters may remove public officials from office, also originates with the people. 19, 2; N.R.S. Ballot title and summary: Proponents submit a suggested popular name, to be approved or disapproved by the secretary of state (NMSA 1-17-9). Fiscal review: Office of Fiscal and Program Review prepares (1 M.R.S.A. 34-1813). 19-121.01). 3, 52(g) and Wyo. If the legislature does not enact the statute, another round of signatures is required equaling 0.5% of votes for governor. Const. Subject restrictions: Cannot be used on urgency statutes, statutes calling elections or statutes providing for tax levies or appropriations for current expenses of the state (Const. 15, 273; Miss. 3, 17(2)). III, 8). Const. Law 7-105. Const. 53 7). 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. 2. stimulate democratic reforms such as the initiative and the referendum. Where to file with: Secretary of state (Neb. Constitution 48, Init., Pt. Who creates petitions: Lieutenant governor (Const. sought government regulation of child labor. First general election to be held not less than 30 days after the filing ofthe petition. From 15 different counties, with each countys petition having signatures of at least half of the designated percentage of electors of the county. Eighteen months for collection, and then sponsors must submit signatures no later than six months before the election and can only start collecting the day after the previous general election. 2, 1), Ballot title and summary: Attorney general (RCWA 29A.72.050), Time period restrictions before placed on the ballot: No additional statute. 168.472a). If both are approved, the one receiving the greatest number of affirmative votes prevails (34 Okl.St.Ann. Withdrawal process of individual signature: A voter may have their signature removed by submitting a statement requesting such to the county clerk no later than the earlier of 14 days after the day the voter signs a statement requesting removal or 45 days after the clerk posts the voter's name under 20A-7-306(3)(c). Const. Names and addresses of sponsors must be listed, and they must sign to verify that they are registered voters (Wyo. 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. 7-9-104). Cannot be same as a measure at either of the two preceding biennial state elections. Recall, Referendum, Initiative by Michelle Rimach - Prezi Const. Vote requirement for passage: Majority (Const. Const. Reports of contributions and expenditures are due on a quarterly basis. Full text is printed on ballot if it is 200 words or less; if it is more than 200 words, the secretary of state drafts a title. concerning (statement of subject) and voters have filed a sufficient referendum petition on this bill. Majority to pass: A majority of votes cast on the measure and not less than 40 % of total votes cast at the election. Secretary of state, official committee that filed and approved by attorney general. Const. What is on each petition: Serial number, name and address of paid circulator, and contents approved by secretary of state (F.S.A. 23-17-5). 116.100). 7-9-104; 7-9-108), General review of petition: Exact petition copy filed with secretary of state and approval of title by attorney general (A.C.A. Art. A petition's sponsor must file a campaign finance report at the time a petition is filed under 6-205 and a committee opposing a ballot measure must file a campaign finance report within 10 business days after the petition is filed under 6-205 (Elec. 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). These requirements vary widely, most often including newspaper publication, other public displays such as posting on the internet, or public comment periods. Petitions carried by paid circulators must be filed on a monthly basis. Laws necessary for the immediate preservation of the public peace, health or safety, Acts that become effective earlier than 90 days after the end of the session, Such laws as may be necessary for the immediate preservation of the public peace, health or safety, or laws necessary for the support of the state government and its existing public institutions, Const. Legislature or other government official review: The chief petitioner may amend the initiative without having to re-submit if the attorney general reviews the changes and certifies that it does not change it substantially (O.R.S. Geographic distribution: Yes. 4, Pt. Art. 7-9-107), Legislature or other government official review: No statute, Public review or notice: Notice to be posted in statewide newspaper five months before election at expense of petitioners (Ark. III, 52(a)). 116.320). 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. Withdrawal of petition: The sponsor may file a written notice to withdraw the initiative with the secretary of state (V.A.M.S. Art. Art. Records must be kept of contributions and expenditures. Subject restrictions: May not be applied to appropriations of money (Const. Timeline for taking effect: 30 days after the election (Const. The secretary shall direct whether this is conducted by random sampling or by verification of each signature (Mo.Rev.Stat.
