They also randomly select signatures on each page and compare them to the electors' signatures in the registration records. For amendments, must be submitted for verification by the third Tuesday in June of the general election year. LXXXI, 4). Art. 5, 11; Art. Let's break down each to understand . Art. Art. Art. 2023 by National Conference of State Legislatures, https://www.nvsos.gov/sos/elections/initiatives-referenda/filing-a-referendum, 13 Years of Impact: The Long Reach of Citizens United, With Recent Special Elections, the Tables Are Set for Spring. Art. 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. 2015.5), Circulator oaths or affidavits: Yes (Cal.Elec.Code 104, 9022, 9610), Paid per signature: Yes, but signed oath if paid (Cal.Elec.Code 101, 9610), Allowed to pay another for their signature: Prohibited (Cal.Elec.Code 18603). 1953 20A-7-202). 1-40-108). 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). Application process information: Sponsors must submit the measure and a summary of it with a petition signed by 1,000 qualified electors to the secretary of state, and within one day, to the attorney general (ORC 3519.01(B)). The popular referendum is a measure that appears on the ballot as a result of a voter petition drive and is similar to the initiative in that both are triggered by petitions, but there are important differences. For direct initiatives, proponents collect signatures and place the measure directly on the ballot once its certified and verified. (NDCC Const. A person, committee or political party that pays signature gatherers is required to file the same financial disclosures required under Title 13, Chapter 37. 5, 1. Where to file with: Secretary of state (V.A.M.S. Art. Const. VI, Subpt. 19, 2). XVI, 4). The committees select a chair and may prepare arguments and rebuttals, which will be reviewed by the secretary of state for the ballot (N.R.S. Simply copying another student's . Improved homework resources designed to support a variety of curriculum subjects and standards. California is one of two dozen states that gives voters these checks on elected officials. Art. II, 1b; O.R.C. 23-17-57), Number of signatures required: Twelve % of the total votes cast in the last gubernatorial race for governor (MS Const. All of the chief petitioners must sign the form to withdraw (ORS 250.029). VI, Subpt. "Direct Democracy" in California. 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. 19, 3). Circulator oaths or affidavit required: Yes (Const. Art. 8; 9). (Elec. 354). IV, 1), Ballot title and summary: Attorney general (O.R.S. Art. III, 3) and at least 18 years of age (NDCC 16.1-01-09(4)). V, 3 and OK Stat. 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. XVI, 5(b)). 5, 1). Art. Signatures must be submitted no later than 18 months after the petition form was furnished by the secretary of state, and each signature is only valid for one year. 1-40-106; 1-40-107; 1-40-108. Verification: Random sampling (MCA 13-27-303). 48, Init., Pt. Art. 2, 10; N.R.S. In election years, instead of biannual reports, reports are due no later than the second Monday in April, May, September and October, and no later than the Thursday before an election. What is an initiative referendum and recall? - Short-Fact Types allowed: Citizen initiative for statutes and popular referendum, Other subject restrictions: No restrictions (Const. Art. Which election: Regular general election, unless otherwise ordered by the legislative assembly (Const. Withdrawal process of individual signature: Any person who alleges they signed as a result of fraud, coercion, or being intentional misleading as to the substance or effect of the petition, may withdraw their signature by filing an affidavit with the secretary of state any time before the secretary of state has accepted and filed the petition (Miss. For indirect statutory initiatives, the timeline begins on Jan. 1 of the year preceding year in which a regular session of the legislature is held and then filed by the second Tuesday of November in an even-numbered year, or the next day (N.R.S. 7-9-108). 19, 6). Circulators may not receive payment greater than $1 per signature. 3, 50; V.A.M.S. 168.476). Const. IV, 1). Const. Allowed to pay another for their signature: Prohibited (Wyo. Art. 7-9-404). 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. Art. 295.056). Art. Number of signatures required: 5% of total votes cast for governor at last election (OK Const. Art. Art. Art. 295.012; 293.069; 304.060; 304.120; Angle v. Miller, 2010, 722 F.Supp.2d 1206). 2, Oregon: O.R.S. III, 52(a) and Mo.Rev.Stat. Art. IV, pt. 5, 1). Which is an example of a ballot initiative quizlet The initiative process allows citizens to propose a new statute or constitutional amendment. A referendum is a question that appears on a ballot that voters can answer in order to voice their opinion on a particular issue. 1(9) and A.R.S. 55 1, 6B, 7A, 18C, 18, Mississippi: Miss. 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. Less than 95 % accurate fails the petition, greater than 110 % qualifies, and between requires a check of every signature (Cal.Elec.Code 9030, 9031, 9033; Cal.Admin.Code 20530, 20531, 20532, 2054). Circulator requirements: Signed statement if paid and 18 years old (Cal.Elec.Code 104, 9022, 9610; Code.Civ.Proc. Art. 48, Init., Pt. 3, 18). 19, 2; American Civil Liberties Union of Nevada v. Loma [2006]; N.R.S. Where to file: Lieutenant governor (Const. Art. Art. Rev. II, 1c). V, 7). Art. 116.030) and secretary of state drafts a ballot title which appears on the petition (Mo.Rev.Stat. 19, 2), Who can sign the petition: Registered voters (N.R.S. Monthly reports are due on the 10th for any preceding month in which total contributions received or total expenditures made exceed $200. Art. The details for those states are below: Five states limit the legislatures ability to amend or repeal a law after it has been approved by voters. 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. Law 6-203(b)). 353), What is on each petition: Fiscal impact statement, summary by secretary of state, name of circulator and statement on right of signer to read summary and fiscal statement before signing, and instructions from secretary of state (21-A MRSA 901, 903). Art. Rponses possible : a. 116.030 and .050, Nebraska: Const. 3, 1; Art. If the referendum question gains enough "yes" votes, then . Art. Const. Withdrawal of petition: One of three authorized people must submit a notice of withdrawal with the secretary of state (N.R.S. Art. 12, 2; M.C.L.A. 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. Semiannual statements of contributions and expenditures are due July 31 and January 31. In three states (Massachusetts, Ohio and Utah), proponents must gather additional signatures to place the measure on the ballot; in the others, it automatically goes to the ballot. Art. 295.055). 3, 17(2)). Legislator proposes a law, voters vote on it. Number of signatures required: For statutes, 5 % of the total qualified electors of the state, determined by the number of votes cast for governor in the preceding general election. Which election: The first statewide election held more than 180 days after adjournment of the session during which the act was passed (Const. Where to file with: Legislative council and office of legislative legal services first, and then the secretary of state (C.R.S.A. Petition title and summary creation: Attorney general (Cal.Const. 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. For direct initiatives, six months to collect (submit proposed measure within 10 months with deadline to submit four months out from the general election). If paid, must provide required information to secretary of state prior to collecting signatures (A.C.A. In these states, sponsors gather a smaller number of signatures to reach the first stage of qualification and, once enough valid signatures are gathered to meet this threshold, the initiative goes before the state legislature. Art. Const. Art. Massachusetts (M.G.L.A. California: Proponents may request review by secretary of state and from the Office of Legislative Council. Art. Art. 4, Pt. XVI, 3(b)). 5, 6; 34 Okl.St.Ann. The legislature can provide for a different effective date with a two-thirds vote of the membership of each house (Const. It has sometimes been abused by groups . XLVII, Pt. The veto power may be exercised only against entire bills, and it may not be exercised upon sections of bills except in the case of appropriation bills (1963 Alas. 54 53). 14, 3, 10 ILCS 5/28-2, Massachusetts: M.G.L.A. Art. On the next general election or a special election if ordered by the legislature. Proponent financial disclosure requirements: Include but may not be limited to being covered by the states campaign finance laws, must follow reporting rules, and file statement of organization (RCWA 42.17A.005; 42.17A; 42.17A.205). 3, 18), Who can sign the petition: Electors (M.R.S.A. Whats the difference between initiative and referendum? States vary in the way popular referendum questions are posed. 4, 3; Constitution 48, Init., Pt. 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). II, 1b; Art. referendum and initiative, electoral devices by which voters may express their wishes with regard to government policy or proposed legislation. The attorney general reviews the ballot title after signed petitions are turned in (34 Okl.St.Ann. 3, 3; NDCC, 16.1-01-09), Ohio (Const, Art. The title may be different from the legislative title, but in all cases the legislative title shall be sufficient. From at least 15 of 29 senate districts, signatures equal to 8% of the number of active voters in the county on Jan. 1 following the last regular general election. Art. 34-1802). Repeal or change restrictions: No veto by governor. Types allowed: Indirect initiative for statutes, direct initiative for constitutional amendments, and popular referendum. Submission deadline of signatures: For direct initiatives, April 15 immediately before the next general election (U.C.A. The committee must report on Jan. 15 of an election year all expenditures in excess of $1,000 or cumulative expenditures to one recipient in excess of $1,000 in the previous calendar year. 19, 3; N.R.S. 19, 3; Art. 19-126), Majority to pass: Yes (A.R.S. Timeline for collecting signatures: Signatures may be signed at any time after an act is passed (Const. Ballot title and summary: The board of state canvassers (M.C.L.A. Maine: If neither receives a majority, the one receiving the most votes, if it receives more than one-third of the votes given for or against both, will appear at the next statewide election to be held not less than 60 days after the vote (M.R.S.A. Public meetings are also held and posting of amendments (A.R.S. Const. III, 3); next general election after the petition is regularly and legally filed with the secretary of state (NRS 32-1411). Art. 3519.16). 2, 3, Michigan: M.C.L.A. Submission deadline of signatures: Must be 120 days before the election it is to be voted upon (NDCC Const. 48, Init., Pt. For statute, 8% of total votes cast for governor in last general election. 295.009. Arizona. Petitions must be submitted not less than four months prior to the next general election. Const. Art. Art. Art. Prepared by joint legislative budget committee staff. **Residency requirement was struck down by Term Limits Leadership Council v. Clark (1997). provided safe working conditions for child laborers. Records must be kept of contributions and expenditures. States with initiative or referendum - Ballotpedia 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. Art. Circulator requirements: Must be an elector and must be 18 or older (NDCC Const. Art. Art. IV, 1). Art. Withdrawal of petition: Any time before the final submission of signatures, proponents may write to the secretary of state to withdraw (34 OS 8). Verification: The secretary of state may use any statistical sampling techniques for this verification and canvass which have been adopted by rule as provided by chapter 34.05 RCW (RCWA 29A.72.230). VI, Subpt. Successful ballot initiatives can create, change or repeal state and local laws . Another 3% is required to qualify for the ballot if not enacted by the legislature after four months. Ballot title and summary: Secretary of state in consultation with the attorney general, but the full text of the measure is included if it is not too long (NDCC, 16.1-06-09). In some states, the question is worded such that a yes vote is in favor of the law subject to referendum, while in others, a yes vote is in favor of repealing the law that is the subject of the referendum. Majority to pass: Yes (OK Const. 19, 1 and NRS 293.127563). 168.472). Const. Most states only allow an individual to withdraw a signature before the official filing of the petitions. Must include the title and effective date of the referred law, the date of the general election at which it is to be referred. 7-9-111). Office of the Legislative Fiscal Analyst conducts an estimate and description of funding sources. Art. Conflicting measures: Measure that receives greater number of affirmative votes passes (C.R.S.A. Where to file: Lieutenant governor (Utah Code 20A-7-302). Petition title and summary creation: The filer submits a description pursuant to N.R.S. II, 1b and 1g; O.R.C. The secretary of state consults with the legislative counsel for any technical suggestions, which will be posted to the secretary's website. Circulator requirements: US citizen and at least 18 years of age (Wyo. Art. 116.120). Two states require supermajorities for laws that seek to alter specific topics. Submission deadline for signatures: By 5 p.m. not more than 90 days after final adjournment of the legislative session at which the bill was passed (Const. The secretary of state must write the question in a clear, concise and direct manner that describes the subject matter of the peoples veto or direct initiative as simply as is possible (MRS tit. III, 52(a) and 53). 3, 18, 20). However, the bans in North Dakota and Oregon were upheld by federal circuit courts. 2; 21 Okl.St.Ann. III, 3; Bernbeck v. Gale, 59 F.Supp.3d 949 (2014); 829 F.3d 643, United States Court of Appeals, Eighth Circuit. Which election is a measure on: Regular election unless otherwise ordered by Legislative Assembly (OR CONST Art. 1-40-104, 1-40-105, 1-40-111, 1-40-135). 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. Collected in-person: Yes, In-person (21-A MRS 902). 116.030). General review of petition: Secretary of state reviews and processes the petition, along with the attorney general and the Supreme Court (34 Okl.St.Ann. 19, 2; American Civil Liberties Union of Nevada v. Loma (2006); N.R.S. Art. St. 32-628), Circulator oaths or affidavits: Yes (Neb. The secretary of state is directed to prescribe a form for this process (MCA 13-27-301(3)). III, 5(1)). Art. Const. 32-1407), Submission deadline of signatures: Four months prior to the general election (Neb. Petition title and summary creation: Written by sponsors, approved by attorney general (Const. The citizen initiative process enables citizens to bypass their state legislature by placing proposed statutes and, in some states, constitutional amendments on the ballot. Number of signatures required: For statutory initiatives, 8 % of legal voters that cast ballots for governor in the last election. Proponent organization and requirements: One designee will serve for official notices and statement of organization (V.A.M.S. If such activity occurs within 30 days of an election, a statement must be filed within 48 hours. Vote requirement for passage: Majority (Const. Conflicting measures: The measure receiving a majority of the votes passes (RCWA Const. Proponent financial disclosure requirements: Include but may not be limited to no anonymous contribution in excess of $25, disclosure of contributors, corporations and labor organizations are allowed to make contributions and expenditures, following timelines and deadlines apply for filing reports (V.A.M.S. Art. Circulator requirements: Must just be at least 18 years old (N.R.S. Who can sign the petition: Electors (O.R.S. Allowed to pay another for their signature: Prohibited (A.C.A. For statutes, 5% of total qualified electors of the state, determined by the number of votes cast for governor in the preceding general election. Ballot measure committees must also provide an initial disclosure report 15 days after the committee begins raising or spending money, with subsequent quarterly reports until the pre-election report is due. Submit initiative draft to the Attorney General for official title and summary . The secretary of state, in consultation with the attorney general, prepares a condensation, explanations for and against, and concise summaries of the bill's impact on existing related laws (NRS 293.250). 6. a. to make a difference b. to lead by example c. to give hope d. pleasant They are not synonyms of the other words in each group. Only regular state, congressional and municipal elections, and filed at least four months before election. Art. Art. 22-24-407). Art. Amend. No amendatory law adopted in accordance with this provision shall be subject to referendum. Art. II, 9 and Mich. Comp. 14, 9; Art. XLVII, Pt. Art. ", Miss. Select a State with Popular Referenda to Learn More. 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. XI, 2). Recall, Referendum, Initiative by Michelle Rimach - Prezi . Time period restrictions before placed on the ballot: Submission deadline three months and three weeks prior to election (C.R.S.A. Monthly reports are due on the 10th for any preceding month in which total contributions received or total expenditures made exceed $200 (RCW 42.17A.235). 273; Miss. Who can sign the petition: Electors (Const. 3, 52(b) and Wyo. Art. Details: Every initiative state requires some form of public notice. Stat. First, the county clerks do a simple tally and the secretary of state totals these. Must include a warning about unlawful signing, a circulator affidavit and a notification as to whether the circulator is paid or volunteer. III, 4). Repeal or change restrictions: Only laws that change vote requirements require a supermajority (OR CONST Art.II, 23; Art. A.R.S. The legislature has four months to pass the bill in amended or unchanged form. Art. II, 1a; 1b; 1g; O.R.C. Reports of contributions and expenditures are due on a quarterly basis (Rule 2.103 and 2.122). 4. increase the participation of African Americans in the Federal Government. All citizen initiatives require the collection of a certain number of signatures, although states vary in the number of signatures and the baseline used to determine that number. These include filing reports and designating organization officers. Which election is a measure on: Only regular state, congressional and municipal elections (Ark. Art. M.C.L.A. Referendum - Wikipedia d. a start-up e. an employer f. a consumer In suburbia p. 193 The giant of Africa p. 192 1. a. is making b. Petitions must be submitted to counties for verification four weeks before this deadline. 19, 3; Art. III 5). Art. Verification: Submitted to local registrars of each signer two weeks before submission to secretary of state, who establishes regulations to verify. Submission deadline for signatures: Petition must be filed with county officials not later than 15 days following the primary election (NRS 295.056). Who creates petitions: Created by the petition sponsors and must be approved by the secretary of state prior to circulation (SDCL 2-1-3.1). 5, 1; C.R.S.A. If the attorney general does not approve of the statement, they prepare one themselves (MCA 13-27-312). A report is also due no later than the 15th day after the deadline for filing the referendum petition. 3503.06). 10% of the votes cast in last general election, 10% of the total number of votes cast in the last general election, or 25% to suspend operation of the act until the election, 2% of the residential population according to the last federal decennial census, 6% of the total votes cast for the office of governor in the last election, 5% of votes cast for governor in the last election, 4% of the votes cast for all candidates for governor at the last election, 5% of the total votes cast for governor at the last election, 8% of the active voters in the state on Jan. 1 following the last regular general election, Const. Art. Const. Code 82013, 84101, 84107, 84200, 84200.8, 84202.3 and Elec. 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. 54, 53). 54 42A, 53; M.G.L.A. Art. Art. 5, 1). Const. Additional signatures are needed then. Code 82013). If statute petition is passed by the legislature, then it is subject to the referendum. 11 3). 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)). Collected in-person: Each person must sign "in his own proper handwriting" (NMSA 1-17-1). Const. Arizona: Const. For citation information, please contact the NCSL Elections and Redistricting Team. Initiative Election: Referendum: Recall Election: Right of citizens to propose laws or amendments for approval or rejection by the voters. Cannot relate to: religion, the judiciary, specific appropriations, local or special legislation, the 18th amendment of the constitution, anything inconsistent with the Declaration of the Rights of the Inhabitants of the Commonwealth of Massachusetts. NDCC Const. III, 3). Art. 1-45-103, 1-45-108.3, 1-45-111.5 1-45-117). Prov., 3. The timelines for signature gathering for popular referenda differ significantly from those for initiatives. Art. Submission deadline of signatures: May 1 in the year of the election that the initiative will appear on, or 18 months from the date the petitioner receives the official ballot title from the secretary of state, whichever is earlier. Stat. Stat. Timeline for collecting signatures: Petitions carried by paid circulators must be filed on a monthly basis (ORS 250.105). Allowed to pay another for their signature: Prohibited (ORC 3599.13 and .14). M.G.L.A. . Art. For amendments, 10% of total qualified electors of the state. Registration is required before making an expenditure for or against a ballot measure. Art. 3517.01, .08, .10, .11, 12, .13, .20, .092, .093, .102, .105; O.H.R. Attorney general drafts ballot titles and certifies statements. Advantages. Art. 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)). Political committees must file reports of contributions and expenditures. Art. St. 32-1405). 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). The secretary of state then refers both to the attorney general, who determines the legal sufficiency of the issue, approves the petitioner's ballot statements and determines whether a fiscal note is necessary. St. 32-1407; 32-401), Ballot title and summary: Attorney general (Neb. 15, 273). Const. Amend. III, 52(a) and Mo.Rev.Stat. Repeal or change restrictions: No veto and only a majority of voters to overturn amendments, not 55 % (C.R.S.A. 5, 1), Other subject restrictions: No other statutes. IV, pt. 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. Timeline for taking effect: On and after the 30th day after it the initiative was approved by voters unless otherwise specified (RCWA Const. Democracy and republican run against each other voters vote for one demarcate representative and one republican representative. 2, Sec. All 23 popular referendum states require a simple majority to pass a popular referendum. 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. Withdrawal of petition: The sponsor may file a written notice to withdraw the initiative with the secretary of state (V.A.M.S. The Legislative Counsel Bureau distributes items to legislators, public libraries, newspapers and broadcasters (N.R.S. 168.544c). 2, 19; Amalgamated Transit Union Local 597 v. State of Washington, 11 P.3d 762 [2000]), Arkansas (AR Const. Art. 3519.07). Number of signatures required: 10% of the voters who voted in the preceding general election (Const. 53 7). Art. Repeal or change restrictions: Cannot veto, and legislature may not repeal. Probably the most celebrated initiative to pass in recent years was Proposition 13 in California. 15, 273). 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). States may apply a single-subject rule or other restrictions. Verification: Secretary of the commonwealth is directed to establish "regulations designed to achieve and maintain accuracy, uniformity, and security" (MGL ch. 168.22e; 168.476; 168.477; 168.480, Montana: MCA 13-27-401; 13-27-402; 13-27-410; 13-27-311, Nebraska: Neb. Prior to receiving a contribution or making an expenditure, a campaign must designate a treasurer by filing with the secretary of state. 5, 11; Art. II, 9 and MCL 168.471). To account for double-signing, the secretary will apply at least an 8 % duplication rate to the first sampling. 2). 3519.05; 3501.38). 2, 24). ch. V, 3; 34 Okl.St.Ann. Art. Const. Secretary of the commonwealth and attorney general jointly. Art. Circulation may begin once the attorney general has drafted a circulating title and summary; petition must be submitted within 90 days after the enactment date of the statute. Verification: State Board is empowered to adopt regulations specifying procedures for verifying and counting signatures (Elec. 2. stimulate democratic reforms such as the initiative and the referendum. 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.
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