II, 1b). Time period restrictions before placed on the ballot: No additional other than deadlines, Majority to pass: Yes (MT CONST Art. Petitions must be submitted by midnight within 90 days of the date the legislation was signed by the governor and filed with the secretary of state. 23-17-17; 23-17-19). Repeal or change restrictions: A measure approved by the electors may not be repealed or amended by the legislative assembly for seven years from its effective date, except by a two-thirds vote of the members elected to each house (NDCC Const. 3, 17(1)). 11 3). What is on each petition: Must be in substantially the same form as initiative petitions, containing a title, a warning and the full text of the act (IC 34-1801A). Other subject restrictions: Measure provisions cannot be dependent upon meeting certain vote %age. 250.045; 260.035; 260.054, South Dakota: SDCL 12-27-22; SDCL 12-27-3, Utah: U.C.A. 55 1, 6B, 7A, 18C, 18). 19, 3; Art. If raising more than $5,000 in a year, the entity must register as a ballot question committee. III, 52(a) and Mo.Rev.Stat. Circulator oaths or affidavit required: Yes (Const. 2, 8, 12). Timeline for collecting signatures: Signature gathering begins on a date specified by the secretary of state and cannot be less than 15 or more than 30 days from the date when all appeals and rehearings have been resolved or have expired. 1953 20A-7-201). Stat. Legislature or other government official review: 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). Does the law in question take effect before the referendum vote: Suspended upon filing of petition signatures (Const. Other types of review might include recommendations on wording. 1(3)). The secretary of state will also conduct at least one public hearing in each congressional district on each ballot measure (Miss. XVI, 1; O.R.C. 2, 10; Cal.Elec.Code 9004, Title board, comprised of secretary of state, attorney general and director of the office of legislative legal services. Submission deadline for signatures: June 1 (Const. Number of signatures required: 4% of the votes cast for the office of governor at the last election (Const. 116.332, Const. Time period restrictions before placed on the ballot: Certified ballot title is due at least 65 days before the election. Art. CONST. 5, 6; 34 Okl.St.Ann. 295.012; 293.069; 304.060; 304.120; Angle v. Miller, 2010, 722 F.Supp.2d 1206). 130.021). 5, 11; MACo v. The State of Montana, MT 267, 2017). 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). Proponent financial disclosure requirements: Include but may not be limited to reporting requirements, special provisions for out-of-state contributors, a statement regarding intent to pay circulators, and political committees must register (NDCC, 16.1-08.1-02.4; 16.1-08.1-03.1; 16.1-08.1-03.2). Number of signatures required: Ten % of votes cast for all candidates for governor in previous election for statutes. II, 1g; O.R.C. Repeal or change restrictions: Only laws that change vote requirements require a supermajority (OR CONST Art.II, 23; Art. The attorney general reviews the ballot title after signed petitions are turned in (34 Okl.St.Ann. 22-24-401). Initiative,referendum,recall Flashcards | Quizlet Petition title and summary creation: Sponsors draft title (Const. Conflicting measures: If neither receives a majority, the one receiving more votes will be resubmitted to the next general election by itself if it received at least one-third of the total votes cast for or against the two measures. Arkansas. Vote requirement for passage: Majority (Const. V 1). Art. 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. Subject restrictions: Prohibited subject areas include general appropriation laws; laws providing for the preservation of the public peace, health or safety; for the payment of the public debt or interest thereon, or the creation or funding of the same, except as in this constitution otherwise provided; for the maintenance of the public schools or state institutions, and local or special laws (Const. Art. They represent direct check on democracy as people can exercise their powers to accept or reject a piece of legislation. 4, Pt. Const. Art. II, 1(d) and RCW 29A.72.030 and .160). Where to file with: Secretary of state (V.A.M.S. 7-9-104). 3, 51). Laws authorizing any classification of property for the purpose of levying different rates of taxation thereon or of authorizing the levy of any single tax on land or land values or land sites at a higher rate or by a different rule than is or may be applied to improvements thereon or to personal property. And attorney general reviews legality (MCA 13-27-202; 13-27-312; 13-27-402). 1953 20A-7-206). Const. 6, Gen. Who can sign the petition: Any registered voter of Missouri, but each petition page can contain only signatures from one county (Mo.Rev.Stat. Att'y Gen. No. Petition title and summary creation: Attorney general (Elec. Conflicting measures: Measure with the most affirmative votes prevails (OH Const. The required signatures must be distributed equally among all of the petition districts (NRS 295.012 and NRS 293.127563). And must be filed four months before election. 14, 3), Which election is a measure on: General election (ILCS Const. Original title of the act that is subject to the referendum is included (A.C.A. 1953 20A-7-205; 20A-2-105). 15, 273 and Miss. 4, 1, Pt. Subject restrictions: Laws providing for tax levies, appropriations for the current expenses of the state government and state institutions and emergency laws necessary for the immediate preservation of the public peace, health or safety (OH Const. Reports of expenditures and contributions received are required quarterly in nonelection years and monthly, March through November, in election years. Must be a true and impartial statement of the purpose of the measure (MCL 168.482b and 168.22e). 5, 11; Art. 250.015; 250.052; 250.045). On the next general election or a special election if ordered by the legislature. 34, 1, Const. Petitions with an incomplete or modified affidavit are invalid (Const. Art. It has sometimes been abused by groups . What did referendum and recall do? - TeachersCollegesj Timeline for taking effect: Thirty days after the election unless otherwise provided in the act. 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. Art. Types allowed: Indirect initiative for constitutional amendments, NOTE:In 2021, the Mississippi Supreme Court. The title of the statute or resolution that is the subject of the referendum is printed on the ballot. Const. 295.012; 293.127563; Angle v. Miller, 2010, 722 F.Supp.2d 1206. 15, 273). III, 6). Cannot be same as a measure at either of the two preceding biennial state elections. Circulators may not receive payment greater than $1 per signature. 2, 9; Const. Art. What is on each petition: Full text of proposed amendment for amendments, a prescribed warning, and follow other guidelines such as form (M.C.L.A. Geographic distribution: Not more than half may be residents of Baltimore City or of one county (Const. Verification: The qualified voter file shall be used to determine the validity of petition signatures by verifying the registration of signers and the genuineness of signatures on petitions when the qualified voter file contains digitized signatures. In the indirect initiative process, a proposed initiative is referred to the legislature after proponents have gathered the required number of signatures. Attorney general prepares explanatory statements. XVI, 2). Const. 53 22A; M.G.L.A. Timeline for taking effect: When governor makes official declaration of vote but not later than 30 days after vote canvassing (C.R.S.A. Where to file with: Secretary of state (NDCC Const. Proponent organization and requirements: Must also file statement of organization (SDCL 12-27-6). IV, 1). III, 5(1) and MCA 13-27-202). Same if an alternate measure is proposed (M.C.L.A. Paid per signature: Yes, and reporting is required (21-A MRS 903-A(5)). 905 and 1 M.R.S.A. Fiscal review: Prepared by the office of budget and management and the tax commissioner if involves taxes or expenditures (O.R.C. Where to file: secretary of state (Const. 23 States have a popular referendum process. Legislature or other government official review: Attorney general prepares explanatory statements. 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. 3, 52). Collected in-person: Yes (Utah Code 20A-7-303(3)). Art. II, 9). 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). Timeline for taking effect: For indirect initiatives, 60 days after the adjournment of the legislative session that passed it. Rev. 48, Init., Pt. 48, Init., Pt. If the legislature enacts the proposal, no further petition takes place and the proposal becomes law. III, 4). (IC 34-1803B). Submission deadline for signatures: No later than 5 p.m. 90 days after the final adjournment of the legislative session (Const. Art. 3519.07, Oregon: O.R.S. Must file measure's full text and three designated sponsors who are Wyoming voters to act as official sponsors of the campaign. 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. Florida. 3519.01). 6, 1), Repeat measures: Two years (U.C.A. Must obtain a petition entity license before circulating petitions or paying circulators. 19-121.01; 19-121.04). Art. Timeline for collecting signatures: Petitions carried by paid circulators must be filed on a monthly basis (ORS 250.105). The supervisor is paid 10 cents by the sponsor for every signature checked if they paid circulators (F.S.A. Code 102). They may also submit their own alternative ballot measure to the people if different but under the same subject area. Art. Who can sign the petition: Qualified electors (NDCC Const. Subject restrictions: No law that relates to religion, religious practices or religious institutions; or to the appointment, qualification, tenure, removal or compensation of judges; or to the powers, creation or abolition of courts; or the operation of which is restricted to a particular town, city or other political division or to particular districts or localities of the commonwealth; or that appropriates money for the current or ordinary expenses of the commonwealth or for any of its departments, boards, commissions or institutions shall be the subject of a referendum petition (Const. Paid per signature: Circulators may be paid but not by the signature. The word, 'referendum' is often used for both legislative referrals and initiatives. 19-112; 19-121.01). Where to file: Secretary of state (IC 34-1804). Attorney general after receiving written comments from Legislative Research Council, U.C.A. 3, 18, 20). The secretary of state writes arguments for and against the measure with information provided by proponents and opponents (Neb.Rev.St. Art. Who can sign the petition: Qualified voters (M.G.L.A. Must include the signatures of at least 1,000 electors and not more than 2,000. 48, Init., Pt. Art. See ACA 7-9-126. Number of signatures required: For indirect initiatives submitted to the legislature, 5 % of all votes cast for all candidates for U.S. president at the last general election. 1-40-113). Direct Democracy in California: History and Functions What is a RECALL? For amendments, 10 % of the total votes cast for governor (M.C.L.A. Six months to turn in signatures once petitions have been titled and certified for circulation, and filed no later than three months and three weeks before the election and made by 3 p.m. on the day of filing. Art. They may also submit their own alternative ballot measure to the people if it is different but under the same subject area. No later than six months after the adjournment of the legislature which passed the act. If the total signatures meet 90-100% of the requirement, the county clerk(s) check all of the signatures until 100% is reached. Same must also be reported quarterly on April 15, July 15, Oct. 15, and Jan. 15 (NRS 294A.220). Legislature or other government official review: After chance for comment by all legislators, the legislative council prepares an impartial analysis with description, background information and likely effects (A.R.S. Art. 3, Sec. II, 1g; O.R.C. Application process information: The sponsor must file a copy of the measure signed by 1,000 electors (and not more than 2,000) with the secretary of state, along with the text of the measure, whether they plan to use paid circulators, and designating three chief petitioners (O.R.S. 3, 18), Ballot title and summary: Secretary of state and attorney general (21-A M.R.S.A. 2, 9; Const. 1-40-130, 1-40-111), Number of signatures required: Five % of votes cast for secretary of state in last election (C.R.S.A. Const. 11 5). III, 52(b)). Which election: Next regular or general election subsequent to the 125 days after filing (OH Const. Const. Art. N.R.S. 2, 4, Pt. 7-9-114. An optional random sampling process must be provided. Art. 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. Art. Study with Quizlet and memorize flashcards containing terms like During the gold rush, white miners used nativism and racism to justify their violence against Native populations. 48, Init., Pt. Reports of contributions and expenditures are due quarterly in calendar years without elections. Persons involved in a statewide initiative or referendum process are subject to the provisions of the Nebraska Political Accountability and Disclosure Act. Art. VI, Subpt. III 5). 34-1812a, 34-1812b, I.C. Art. Art. Art. V, 3). Where to file with: Secretary of state (N.R.S. Any contribution of $500 or more in last 13 days to be reported within 24 hours. Legislature reviews the indirect statutory initiatives. Amend. In Maine, Oklahoma and Utah, the law includes additional requirements to those governing conflicting measures: In Alaska, if the lieutenant governor and the attorney general determine an act of the legislature is the same as the proposed measure, then the citizen initiative is voided (AS 15.45.210). Public review or notice: Secretary of state publicizes the measure in newspapers in every county and prepares a pamphlet that is mailed to every mailing address in the state (5 ILCS 20/2). Otherwise the secretary of state in consultation with the attorney general writes a concise summary (NDCC 16.1-06-09). 12, 2). 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)). Also, instead of being based on the date of the election, deadlines for filing popular referendum petitions are generally based either on the day the legislature adjourns or on the date the bill that is the subject of the referendum was signed by the governor. St. 32-1405.01; 32-1405.02; 32-1413). Paid per signature: Cannot be paid based on the number of signatures collected, but can be paid in general (NDCC 16.1-01-12(1)(j)). There is a 15-day cure period after a statement of insufficiency is issued by the secretary of state, and proponents may deliver additional signatures during this time. 116.080). Political committee must file a statement of organization. Random sample process must require the random selection and verification of 500 signatures or 5% of the total signatures on the petition, whichever number is greater, to determine what percentage of the random sample is composed of signatures that are authorized by law to be counted. XI, 2). 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. Referendum is a decision for the general assembly to put a bill on the ballot. Ballot title and summary: Proponents submit a suggested popular name, to be approved or disapproved by the secretary of state (NMSA 1-17-9). Const. Geographic distribution: Yes, signed by qualified voters equal in number to 15% of those resident in at least two-thirds of the counties of the state, as determined by those who voted in the preceding general election in that county (Const. Art. 3, 5). 130.110; 130.120; 130.029; 130.046; 130.041). Proponent organization and requirements: Application must be signed by ten qualified voters (Const. *While the Colorado residency requirement for circulators was struck down in Independence Institute v. Gessler, the court upheld the requirement that a circulator present to the notary a specific type of identification. Circulator oaths or affidavits: Yes, and notarized (A.R.S. Nonpartisan staff of general assembly prepare summary, analysis and fiscal review (C.R.S.A. The guidelines for the format and content of petitions vary by state. Then, select a topic from the column at the left for comprehensive information or select a state in the map for state-specific information. Art. Note that all but two of these statesMaryland and New Mexicoalso have the initiative process. Ohio: Reviewed by attorney general and Ohio ballot board, which also writes pro or con statements if not supplied. 3, 52(e) and Wyo. 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. What is on each petition: Must contain the full, true copy of the proposed measure on it on the backside or attached to it, and follow prescribed form and language, including a warning (Miss. 53 22A and M.G.L.A. 5, 1). Withdrawal process of individual signature: May not remove after official submission of petitions (O.R.S. 19-121. 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. Most states only allow an individual to withdraw a signature before the official filing of the petitions. Ohio ballot board; proponents may suggest title. Stat. Const. Petition title and summary creation: Title board, comprised of secretary of state, attorney general and director of the office of legislative legal services (C.R.S.A. 4, 5). Who can sign the petition: Qualified electors and every person who is a qualified voter (Const. Art. Const. Which election is a measure on: A referred measure may be voted upon at a statewide election or at a special election called by the governor (NDCC Const. and more. Collected in-person: Yes (U.C.A. Repeat measures: 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 (OK Const. 6), Collected in-person: Yes (34 Okl.St.Ann. question. Secretary of the state and attorney general. Art. The ballot must include a clear and concise statement as to the effect of a yes or no vote. Art. IV, 1). Art. General review of petition: 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 (V.A.M.S. A groups name must include the title or common name of the measure if the group intends to direct more than 50% of its contributions or expenditures toward a single measure. Const. Const. 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. Collected in-person: Original ink signatures are required (ORC 3519.051 and 3501.38(B)). 22-24-402). Const. If politicians are ignoring citizens' concerns, they can pass the law themselves 2. 3, 18). Art. Quick Facts Initiative & Referendum Institute The ballot title may be distinct from the title of the law that is the subject of the petition (Utah Code 20A-7-308). There is a principal circulator whose information is publicly available upon request. 22-24-407). 8). Constitution 48, Pt. Application process information: Proponents prepare ballot statements and file them (MCA 13-27-202; 13-27-312). Which election is a measure on: Next general election held at least 131 days after signatures are certified. 34, 1, 4 and 8. 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. Paid per signature: Prohibited (MCA 13-27-102). II, 1g; Art. Other Subject restrictions: Cannot dedicate revenues, make or repeal appropriations, create courts, define the jurisdiction of courts, prescribe court rules, enact local or special legislation, or enact legislation prohibited by the Wyoming constitution (Const. 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. 23-17-43). For indirect statutory initiatives, 3% of votes cast for governor in last election to submit to the legislator. 3519.02; 3501.381). Who creates petitions: Lieutenant governor (Const. Verification: Counts total number and then takes 5 % random sample to verify signature accuracy (A.R.S. Petition title and summary creation: Secretary of state provides serial number, and attorney general writes a title posed as a question and summary (Miss. Who creates petitions: Sponsors (A.C.A. 106.08, 106.19). Art. The title of the act subject to the petition appears on the petition. General election, while petitions cannot be filed more than 65 days before the deadline. Weve been busy, working hard to bring you new features and an updated design. Art. Circulator oaths or affidavit required: Yes (ORS 250.045(10)).

Barry Baldwin Lancaster Pa, Duke Coaching Staff Baseball, Livermore Police Scanner, Van Dorn Injection Molding Machine Manual Pdf, Las Vegas Stratosphere Death 2021, Articles I