At general elections except when a special election is ordered by the legislature, and must be filed at least six months before the election it is to be voted on. Verification: Must be verified at least 100 days before the election. 4, 3; Constitution 48, Init., Pt. Proponents may suggest title (OH Const. It fails if under 90 % and qualifies if at least 100 % (N.R.S. Application process information: Requires 25 or more must signatures as a sponsoring committee and present the complete measure to the secretary of state for approval, one of whom which must be designated as chairman of the sponsoring committee. Must have full text of the measure and names and addresses of the sponsors (NDCC Const. 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). 1953, Const. Attorney general certifies submitted title and measure and summary by secretary of state, with attorney general oversight. 23-17-43. Art. Proponent organization and requirements: At the time of filing a draft, proponents must designate the names and mailing addresses of two people who will represent the proponents in all matters related to the petition (CRS 1-40-104). 295.300), Number of signatures required: Ten % of the votes cast in last general election (N.R.S. 1953 20A-7-202). Art. III, 5(1) and MCA 13-27-202, Const. II, 9(c)). Art. Circulator oaths or affidavits: Yes, and must be notarized (C.R.S. 14, 9). Rev. A year after Los Angeles adopted the device, voters in that city recalled a city councilman. Initiative, Referendum and Recall are three powers reserved to the voters to enable them, by petition, to propose or repeal legislation or to remove an elected official from office.. Pursuant to state law (A.R.S. 19, 2; Art. Otherwise the secretary of state in consultation with the attorney general writes a concise summary (NDCC 16.1-06-09). Who can sign the petition: Qualified voters (M.G.L.A. 22-25-106). 34-1812c, Maine: 21-A M.R.S.A. Withdrawal process of individual signature: File a written request including the voter's name, residence address and signature with the appropriate county elections official prior to the day the petition is filed (Elec. Proponent organization and requirements: Must obtain certificate of review from attorney general and file petition with secretary of state (I.C. Number of signatures required: 2% of the entire vote cast for governor at the preceding biennial state election (Const. Repeat measures: 5 years on any measure that is "substantially the same as that defeated by" the previous measure (W.S.1977 22-24-301). Art. 19-102), Fiscal review: Prepared by joint legislative budget committee staff (A.R.S. II, 1e). II, 9). Application process information: Submit draft and affidavit to attorney general with fee of $2,000, refunded when measure qualifies for the ballot within two years. Const. Timeline for collecting signatures: Petitions carried by paid circulators must be filed on a monthly basis (ORS 250.105). Rev. 23-17-7; 23-17-9; 23-17-15). 168.22e; 168.476; 168.477; 168.480). Use the data in the data file Gilotti's Pizzeria to find the variance and the standard deviation for Location 2, Location 3, and Location 4. St. 32-1407), Which election is a measure on: Next general election at least four months after filing the signatures (Neb. Which election is a measure on: Next general election or a special election if ordered by the legislature (RCWA Const. 3, 52), Ballot title and summary: Secretary of state, approved by attorney general (V.A.M.S. Const. 106.08, 106.19). The device was first adopted in the United States in 1903 as a part of the Los Angeles city charter. 34, 1, Const. Art. 21 1), Timeline for taking effect: Upon proclamation of the governor (A.R.S. 2, 19; Amalgamated Transit Union Local 597 v. State of Washington, 11 P.3d 762 [2000]), Arkansas (AR Const. 5, 1). Subject restrictions: Acts that become effective earlier than 90 days after the end of the session are exempt from the referendum (Const. 11 3). For statutory, 5% of total vote for governor in last election in each of two-thirds of the state's congressional districts. 295.055; 295.009). Art. 3, 6). XVII, 1; Art. 1-40-109). Art. 19, 1). 1953 20A-7-212). Art. Must file measure's full text and three designated sponsors who are Wyoming voters to act as official sponsors of the campaign. 54 53). Which election: Next regular general election (Const. Any time more than 70 days before the election, a majority of the committee members may withdraw the petition by writing to the secretary of state. Art. Const. Who creates petitions: Secretary of state (N.R.S. Const. Art. 23-17-41). 2, 3), Proponent organization and requirements: Names and residences of first 10 signers in application appear on the ballot with the summary (M.G.L.A. 14, 3). These include filing reports and designating organization officers. 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. Then Legislature or other government official review: Reviews done by attorney general and legislative services division. And must be filed four months before election. Art. The supervisor is paid 10 cents by the sponsor for every signature checked if they paid circulators (F.S.A. Art. Art. If the legislature enacts the proposal, no further petition takes place and the proposal becomes law. In 2021, Idaho passed, Collected in-person: Yes (I.C. Reports of contributions and expenditures are due by the 15th of every April and October. For constitutional amendments, 10 % of votes cast for governor in last election (Ne.Rev.St. 54 53. 100.371), Ballot title and summary: Sponsor, approved by secretary of state, reviewed by attorney general (F.S.A. AB 45; 30). Art. Prepared by the office of budget and management and the tax commissioner if involves taxes or expenditures. 53 22A; M.G.L.A. $100; refunded if application is properly filed, Const. What were initiative referendum and recall Who creates petitions: Sponsors (A.C.A. 14, 3), What is on each petition: Entire text of proposed measure, date of general election it is to be voted on and circulators statement (ILCS Const. Petition title and summary creation: The filer submits a description pursuant to N.R.S. Const. Florida. 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. Attorney general writes title and summary if original is challenged in court. III, 5(1)). Art. The requirements for an election with statewide ballot measures vary greatly by state. IV, 1). Art. Verification: The election commissioner or county clerk compares each signer's information to that of voter registration records to verify that they were registered voters when they signed and verify all other information (Neb. A referendum petition with a minimum of 459 valid signatures must be filed within 30 days after the Council action. Repeat measures: May only be attempted once every three years (Ne.Rev.St. Art. General review of petition: For accuracy and fairness, the attorney general may rewrite arguments for or against prepared by legislature (5 ILCS 20/2). Missouri and Nebraska have unique signature requirements. Signatures are valid for two years, but a petition can circulate indefinitely, and filed at least 30 days before Feb. 1 of the year of the general election that the measure is to be voted upon. Application process information: Original draft of petition must be submitted to secretary of state before circulating, including a suggested popular name; secretary of state approves and certifies both or disproves and specifies each deficiency (NMSA 1-17-8). Constitution 48, Init., Pt. 21-A M.R.S.A. Attorney general prepares abstract to be posted at polling places. Tit. Art. State Board of Elections (Note: the board is empowered to adopt rules for filing applications, so presumably such applications are filed with the board. 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). One of three authorized people must submit a notice of withdrawal with the secretary of state. Art. Allowed to pay another for their signature: Prohibited (Elec. Number of signatures required: 3% of the whole number of votes cast for governor at the preceding election (Const. Each page must contain the full text of the measure or an accurate summary approved by the attorney general (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. 116.17). Code 23-17-3. Fiscal review: Office of Fiscal and Program Review prepares (1 M.R.S.A. Verification: Each countys supervisor of elections will take a sample or verify every signature. Circulator requirements: 18 years old and a resident of South Dakota; no registered sex offender may circulate a petition unless the person is in the employ of and under the immediate supervision of another person and under circumstances with preclude any contact with children (SDCL 12-1-32 through -34). Petition title and summary creation: Secretary of state provides serial number, and attorney general writes a title posed as a question and summary (Miss. 4, Pt. To re-enable the tools or to convert back to English, click "view original" on the Google Translate toolbar. St. 32-1408). Fifteen states follow a single-subject rule: Nine states do not have a single-subject rule: Arkansas, Idaho, Illinois, Maine, Massachusetts, Michigan, Mississippi, North Dakota and South Dakota. Only one state does not require this type of action: Before a measure is placed on a ballot, states decide which election it will appear on, how the ballot title and summary are created and any time restrictions involved. Democracy Definition Examples Cases Processes. Revised statutes now require that signatures be equally collected among all the petition districts (congressional districts), and this was held to be constitutional (N.R.S. Circulator oaths or affidavit required: Yes (Elec. III, 3 and MGL ch. Amend. Art. Art. 3, 4). 113 (Nov. 2020) as a reference. 116.090). 2, 3). 23-17-43). Where to file with: Lieutenant governor (U.C.A. Cure period for insufficient signatures: Subsequent to the filing of a petition under this subtitle, but prior to the deadline for filing the petition, additional signatures may be added to the petition by filing an amended information page and additional signature pages conforming to the requirements of this subtitle (Elec. 4, Pt. III, 5 and 6; NDCC 16.1-01-09(7). Proponent financial disclosure requirements: Include but may not be limited to each political committee filing with the secretary of state a statement of organization no later than 10 days after receiving at least $200 in contributions or spending at least $200, and any political committee or individual spending at least $200 must file monthly financial reports with the secretary of state (Miss. Majority to pass: For statutory initiatives, a majority at a single general election. II, 1b and 1g; O.R.C. What is on each petition: Serial number, name and address of paid circulator, and contents approved by secretary of state (F.S.A. Who creates petitions: Lieutenant governor (U.C.A. Art. Majority to pass: Initiative amendments proposed by the people and their legislative substitutes must receive at least 30 % of the total number of ballots cast in the election and a majority of the voters voting on the measure (Massachusetts Constitution 48, Init., Pt. Amend. XI, 2 and AS 15.45.260). Five states impose an additional threshold. It is argued that the simple existence of the initiative mechanism acts as a check on the activities of the legislature. Const. 3, 52(b) and Wyo. Proponent financial disclosure requirements: Committees in support or opposition to a ballot measure are treated the same as political action committees. No statute found; used Term Limits Referendum (Nov. 1996) as a reference. Timeline for taking effect: When approved (Const. Secretary of the state and attorney general. Constitution 48, Init., Pt. XVI, 1), Timeline for taking effect: Thirty days after the election (Ohio Const. Proponent financial disclosure requirements: Sponsoring committee must file a statement of renumeration prior to circulating signatures if circulators will be paid (NDCC 16.1-01-12(1)(j)). IV, 1). VI, Subpt. Art. 19, 6). Each state has a unique way of handling the timeline and deadline for signature gathering. 3, 19; 21-A MRSA 903-A, sub-4), Nebraska (Neb. IV, 1). Who creates petitions: Secretary of state reviews the petitions (SDCL 2-1-1.1; SDCL 2-1-1.2). Circulator requirements: Resident of South Dakota who is at least 18 years old (SDCL 12-1-3). Arizona: Const. Additional signatures are needed then. XVI, 4). Art. Next general election at least four months after filing the signatures. Circulator oaths or affidavit required: Yes (MCL 168.482 and .544c). Initiativ e, Referendum and Recall Information The following is also provided in Spanish Lo siguiente tambin puede leerse en espaol. 4, Pt. Const. Submission deadline of signatures: For indirect measures, at least 10 days before the regular session that is the session that was 10 months out when the proposed measure was submitted. Art. . The board may certify them, or if it finds they are misleading or confusing, may refuse to certify them. Next statewide or general election, whichever comes first that is not less than 60 days after the petition is submitted, At the next ensuing election held throughout the state for members of the U.S. House of Representatives. This ensures that measures are not passed by a small minority of voters, either because of a low turnout election or ballot-drop off (where voters only vote partway through a ballot). 3, 50; V.A.M.S. 116.334). 19, 2; N.R.S. Who can sign the petition: Qualified electors of the state (34 OS 23). 21 1). Allowed to pay another for their signature: May not use "any fraudulent means, method, trick, device or artifice to obtain signatures on a petition" (A.R.S. III, 4), Timeline for taking effect: Ten days (Ne.Rev.St. Public review or notice: The secretary of state also furnishes an information pamphlet with the title, fiscal statement if applicable, its complete text, the form in which it'll appear on the ballot, arguments for and against it, and rebuttal arguments, and will publish notices in newspaper (MCA 13-27-401; 13-27-402; 13-27-410; 13-27-311). 48, Init., Pt. Submission deadline of signatures: Ninety days before the first day of the legislative session (Miss. Updated on June 03, 2021. Const. 48, Init., Pt. Paid signature gatherers must register with the secretary of state and pay a fee of $20 for each petition they will be paid to circulate (SDCL 2-1-1.5 through -1.9). VI, 1 and Utah Code 20A-7-102 and 20A-7-305). Number of signatures required: 5% of total votes cast for all candidates for secretary of state at the last general election (Const. Art. The legislature shall not have the power to repeal a referendum measure passed by a majority of the voters. Other subject restrictions: Cannot "pass a law 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" (OH Const. Art. III, 3 and MGL ch. The secretary of state employs a representative random sampling using questionnaires, postcards, telephone calls, personal interviews, etc, or any combinations thereof, to determine the validity of the signatures (NDCC, 16.1-01-10). 19, 3) and summary statement drafted by proponents (NRS 295.009). Get started for free! Art. Petition title and summary creation: Lieutenant governor (Const. Application process information: State Board of Elections is empowered to adopt regulations specifying procedures for filing and circulating petitions (Elec. Art. Same must also be reported quarterly on April 15, July 15, Oct. 15, and Jan. 15 (NRS 294A.220). Code 84202.3). Law 6-204). Art. 19, 1). Const. What is on each petition: Must follow prescribed form and include the full text of the measure, a legal warning, an affidavit, the maximum number of signatures, paper and font, spacing, and if the circulator is paid (Neb.Rev.St. 19-111), Where to file with: Secretary of states office (A.R.S. Five states have time limits on the repeal or alteration of measures. In California, it is filed with the attorney general, and Ohio requires a second filing with the attorney general in addition to the secretary of state. 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). 3, 8). Const. Who can sign the petition: Electors (Const. Must report contributions received if more than$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 30 days after the major election. Proponents are required to ensure that all circulators receive instruction on the requirements and prohibitions imposed by state law with respect to signature gathering (Elec. 16, 6; N.R.S. 1953 20A-7-702; 20A-7-204.1; 20A-7-701-706, Washington: RCWA 29A.32.010; 29A.32.031; 29A.32.040; 29A.32.070; 29A.32.080, Arkansas (Arkansas Const. Stat. 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 y the Wyoming constitution. Petitions may be signed at any time after an act is passed and must be submitted by June 1. Paid per signature: The 2017 ban on paying circulators per signature was overturned in May 2022. 3, 50; Art. L-04, 2011 WL 1130010, July 5, 2011). Law 6-201). After chance for comment by all legislators, the legislative council prepares an impartial analysis with description, background information and likely effects (A.R.S. 116.060). Proponent organization and requirements: Sponsor must file an affidavit that s/he is a registered voter (RCW 29A.72.010). II, 9). Art. Thirteen years since the Supreme Courts controversial Citizens United v. FEC decision, states continue to restrict corporate donations and dark money, and the laws continue to be challenged under the rulings precedent. Which is an example of a ballot initiative quizlet 168.471; 168.472. Art. Repeal or change restrictions: None (Const. What is on each petition: Must follow form guidelines and include signature of attorney general, affidavit of canvassers, instructions and signatures for only one county (A.C.A. 116.120). Art. initiative referendum and recall are examples of quizlet Stat. 3519.07). 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. Paid per signature: Previous ban overturned. LXXIV, 2 and MGL ch. Law 6-202). 12, 2). Ballot title and summary: Attorney general (SDCL 12-13-1.1 and -9). 5, 1. Cannot be a person once convicted of, or who has pled guilty to crimes involving forgery, Criminal background check done for paid circulators with additional restrictions, Cannot in last five years have been convicted of a crime involving fraud, forgery, or identification theft or subject to a civil penalty due to an election offense. Types Allowed: Indirect initiative for statutes, and popular referendum. 23-17-7; 23-17-9; 23-17-15, Proponents, approved or rewritten by attorney general, Proponent, with possibility of being amended by statute, Secretary of state and approved by the attorney general. 1-40-123), Majority to pass: Amendments require 55 % (C.R.S.A. 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. All of the chief petitioners must sign the form to withdraw. 100.371). 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. Collected in-person: Yes (Wyo. But you explicitly may pay based on hourly wage or salary, express or implied minimum signature requirements for the circulator to meet, terminate someone's employment if they do not meet "certain productivity requirements," and pay discretionary bonuses based on reliability, longevity, and productivity (SDCL 12-13-28). Law 6-204(c)). 2, 3; Const. 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. 168.472). States also decide which election a ballot measure will be voted on and any time restrictions before a measure is placed on a ballot. Political committees must file reports of contributions and expenditures. If politicians are ignoring citizens' concerns, they can pass the law themselves 2. Subject restrictions: Laws passed by a two-thirds vote of the members of each house are not subject to referendum (Const. A committee must file a statement of organization within 10 days of its organization; must include a brief statement identifying the substance of each ballot question supported or opposed by the committee. 5 1). Who writes this varies. Geographic distribution: 5% of the vote cast for governor at the preceding election from at least one-third of total legislative districts (Const. Art. Some states offer no assistance or advice to initiative proponents on the draft of their proposed law.