Every state includes requirements for the circulators operating in the state. 12, 2), Mississippi (MS Const. Art. Initiative is a legislative proposal that originates with the people. Art. 2, 8; Cal.Elec.Code 9016. Timeline for taking effect: For statutes, 10 days after the date of the official declaration of the vote, and for amendments, 45 days after election (M.C.L.A. 901), Massachusetts (M.G.L.A. Petition title and summary creation: Secretary of state (Wyo. Proponent organization and requirements: Not specified. Petitions carried by paid circulators must be filed on a monthly basis. States such as Alaska (AS 15.45.150); Idaho (I.C. 48, Pt. 168.482; 168.544c). 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). Amend. 11 5). 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). Art. What is on each petition: Must include title and complete text must be attached (MCA 13-27-201). VI, Subpt. Timeline for collecting signatures: Not more than 24 months (A.R.S. Proponent financial disclosure requirements: Must obtain a petition entity license before circulating petitions or paying circulators (CRS 1-40-135(2)). Collected in-person: Yes (C.R.S.A. Prepared by the office of budget and management and the tax commissioner if involves taxes or expenditures. In 2021, Idaho passed, Collected in-person: Yes (I.C. 6), Collected in-person: Yes (34 Okl.St.Ann. II, 1g). Stat. IV, 1b). Art. 48, Init., Pt. Proponent financial disclosure requirements: 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 (ARS 19-905(C)). No filing fee is specified (Mo.Rev.Stat. 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. Public review or notice: None other found.. Circulator requirements: 18 years-old and US citizen and sworn oath by an official sponsor of the initiative as to the identities of the proposed circulators (W.S.1977 22-24-306). 1-45-103, 1-45-108.3, 1-45-111.5 1-45-117). 250.015; 250.052; 250.045). For constitutional amendments, 8% of total votes cast for all candidates for governor in last general election. Art. Where to file: State Board of Election Commissioners (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. Art. Const. Proponent organization and requirements: No later than thirty (30) days after a proposed bill is submitted for certification, the committee of applicants the names of 100 registered voters who will act as sponsors. Art. 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). The ordinance is suspended from becoming effective pending the outcome of the election. General review of petition: Attorney general may confer with proponents and recommend revisions (Miss. If a second sampling is needed, an estimated duplication rate will be calculated. Next statewide or special election after the legislative session concludes sine die, and signatures submitted to appropriate state officials at least 10 days before submitted to secretary of state, which is the 50th day of the first regular session or the 25th day of the second regular session. 1. Art. For direct constitutional amendments, it is nine months and three weeks. 22-24-412). IV, 1), Ballot title and summary: Attorney general (O.R.S. II, 1c). Ballot title and summary: 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. 5, 1). 901), Proponent organization and requirements: Any organization supervising or managing petition circulation must register with secretary of state (21-A M.R.S.A. Submission deadline of signatures: At least 30 days before Feb. 1 of the year of the general election that the measure is to be voted upon (F.S.A. 6% of the qualified electors at the time of the last general election in at least 18 legislative districts. California. 1953 20A-7-202). The following 11 states use a statistical sampling method to determine if petitions have enough valid signatures: Eleven of the popular referendum states specify a procedure by which a person may withdraw their signature from a petition. III, 52(a)). Const. 32-1407), Submission deadline of signatures: Four months prior to the general election (Neb. Which election: The secretary of the commonwealth shall submit such law to the people at the next state election (Const. Time period restrictions before placed on the ballot: Signatures must be filed one year prior to the election (SDCL 2-1-1.2). Art. For direct initiatives, six months to collect (submit proposed measure within 10 months with deadline to submit four months out from the general election). 4, Pt. Stat. V, 1(6) and CRS 1-40-111(2)). 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). 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. Contributions of $1,000 or more must be reported within 48 hours after receipt (IC 67-6607). For constitutional amendments, 8% of total vote for governor in last election in each of two-thirds of the state's congressional districts. Other subject restrictions: Cannot require an expenditure of money unless a sufficient tax is provided (N.R.S. Political committees must file reports of contributions and expenditures. II, 1(d)). CONST. Who creates petitions: Proponents can produce them but must follow form (RCWA 29A.72.100). Art. 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. Timeline for taking effect: 30th day after the election at which it was passed (Const. Art. Art. The Law of direct democracy Book 2014 WorldCat. The Secretary of State's Office is currently operating on an appointment-only basis. 902), Timeline for collecting signatures: One year (M.R.S.A. 7-9-105). Timeline for taking effect: An act rejected by referendum is void 30 days after certification. 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). Petitions must be submitted to counties for verification four weeks before this deadline. The increase in any such appropriation for maintaining or aiding any public institution shall only take effect as in the case of other laws, and such increase or any part thereof specified in the petition, may be referred to a vote of the people upon petition (Const. Art. Submission deadline for signatures: Petitions must be filed within 90 days after the legislature at which the act sought to be referred was passed shall have adjourned sine die or for more than ninety days (Const. Who can sign the petition: Registered electors of the state (M.C.L.A. 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. ai thinker esp32 cam datasheet 3, 1). The measure can be amended by a three-fourths vote in a joint session. Art. Only 20 signatures allowed per sheet and each sheet is from one county. Circulator requirements: Must just be at least 18 years old (N.R.S. 1953 20A-7-201). For constitutional amendments, 15% of legal voters. Ballot Initiatives | State of California - Department of Justice Secretary of state shall print pamphlet of statements in support and against the measures along with the attorney general's title, explanation, and clear statement of a yes or no vote, and if possible, a fiscal statement (SDCL 12-13-23 and 25.1). Submission deadline of signatures: For direct constitutional amendments, a timeline beginning on Sept. 1 before the general election it is to be voted upon and ends on the third Tuesday of June of an even-numbered year. Ballot title and summary: The secretary of state and the attorney general also jointly make a more descriptive ballot question summary to be sent to voters. Does the law in question take effect before the referendum vote: Suspended upon filing of petition signatures (Const. Does the law in question take effect before the referendum vote: For the purposes of the second paragraph of Const. 2, 3; M.G.L.A. 99.097, 106.191). Const. 6, 1). For constitutional amendments, 10% of votes cast for governor in last election. Art. Majority to pass: Yes (Ark. Petitions must be filed 90 days after the final adjournment of the session in which it was passed, except when a recess or adjournment shall be taken temporarily for a longer period than 90 days, in which case such petition shall be filed not later than 90 days after such recess or temporary adjournment. II, 1g; O.R.C. If attorney general does not approve the statement, he or she prepares one. 1953 20A-7-212). 19-112). See also 21-A MRS 904-A, the repealed provision that prohibited payment per signature. Two-thirds vote (or majority after two years). Mississippi: Attorney general may confer with proponents and may recommend revisions. 53 7). Proponent organization and requirements: Each proponent must certify that s/he is a US citizen, at least 18 years old, and a resident of California, and must provide public contact information (Const. 2, 8), Conflicting measures: Measure receiving more affirmative votes is enacted (Cal.Const. Art. Types allowed: Direct and indirect initiatives for statutes, and popular referendum, Single subject rule: Yes (U.C.A. 4, 3; Constitution 48, Init., Pt. 2, 9). Petition title and summary creation: Proponents submit a suggested popular name, to be approved or disapproved by the secretary of state (NMSA 1-17-9). Other states vary when it comes to restrictions, ranging from specific vote thresholds on certain topics to disallowing certain issues. Art. 3519.05; 3501.38; OH Const. Const. 14, 3 and 10 ILCS 5/28-9), Collected in-person: Yes (10 ILCS 5/28-3), Withdrawal process of individual signature: By written request before submission of the petition to state board of elections or an officer with whom filing of the petition is required (10 ILCS 5/28-3). 22-25-101). Verification: The secretary of state may verify the signatures on the petition by use of random sampling (Mo.Rev.Stat. In 2021, Idaho passed. II, 1g; Art. 23-17-5). Const. Amend. II, 1(b)). L-04, 2011 WL 1130010, July 5, 2011). III, 52(b) and Mo.Rev.Stat. 4, Pt. 2, 9). Art. V, 1(3)). Number of signatures required: 10% of the total vote for governor cast in the last election (Const. 116.030). N.R.S. Art. 7-9-108). St. 32-1410), Time period restrictions before placed on the ballot: Four months prior to the general election (Neb. A referendum is a question that appears on a ballot that voters can answer in order to voice their opinion on a particular issue. Circulator requirements: Can be out-of-state resident but must mark this on the affidavit. One year, but proponents must submit to the county officials no sooner than nine months and no later than four weeks prior to the final deadline. Verification: Each countys supervisor of elections will take a sample or verify every signature. Proponent organization and requirements: Original filing must include a notarized form with the names and addresses of the petition sponsors (SDCL 2-1-3.1). Which election is a measure on: General election (I.C. A referendum petition with a minimum of 459 valid signatures must be filed within 30 days after the Council action. Background. General election, and signatures must be filed one year prior to the election. LXXXI, 4). Const. Majority to pass: Sixty % majority required (F.S.A. Non-resident circulators and all paid circulators must register with the secretary of state before circulating petitions; it is the sponsoring committee's responsibility to collect and submit the completed registrations. 15, 273 and Miss. 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). Does the law in question take effect before the referendum vote: No act, law or bill subject to referendum shall take effect until 90 days after the adjournment of the session at which it was enacted (Const. Application process information: Submit draft of proposed initiative to legislative council and office of legislative legal services for review and comment. 3501.38; 3519.05, Oklahoma: OK Const. Op. Nebraska: The revisor of statutes reviews and recommends revisions with respect to form and draftsmanship. Withdrawal process of individual signature: Not specified. Art II, 10 and Elec. 11 5). Twenty-three states have a popular referendum process. III, 5(1) and MCA 13-27-202, Const. Director of elections, with approval of the state board of canvassers, drafts a statement of purpose of not more than 100 words for the ballot. . II, 1(d) and RCW 29A.72.030). 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. Where to file with: Attorney general and secretary of the commonwealth once approved (M.G.L.A. Timeline for collecting signatures: Signatures may be signed at any time after an act is passed (Const. Where to file: Attorney general, then petition goes to secretary of state (Cal.Elec.Code 9001, 9004; Cal.Const. There must also be a five-person committee of those who favor rejection, comprised of individuals appointed by the governor, attorney general, president of the senate and speaker of the housethe fifth member is appointed by the four previous members. Where to file with: Secretary of state (Miss. Art. Secretary of state, official committee that filed and approved by attorney general. Art. Proponent organization and requirements: Must follow financial statutes and file with Ethics Commission (A.C.A. Constitution 48, Pt. 250.105). States also have varying processes for reviewing petitions. Const. 1-40-102, 1-40-105, 1-40-106). For constitutional amendments, generally take effect upon passage (Opinion of the Justices (1972) 287 N.E.2d 910, 362 Mass. Allowed to pay another for their signature: Prohibited (ORC 3599.13 and .14). Legislature or other government official review: Attorney general and Supreme Court are part of the signature verification process and the ability of the public to protest as to the constitutionality of the measure. Art. 22-24-413). U.S. History Midterm Review Packet 2022.docx - NAME Art. Proponent organization and requirements: Must file as political committee (F.S.A. Initiative, referendum, and recall are three means by which the people may bring their will to bear directly on the legislative process and the machinery of government. Any contribution of $500 or more in last 13 days to be reported within 24 hours. III, 52(a) and 53). Art. Stat. In some states, the legislature or governor may order a special election for a measure. Submission deadline for signatures: No later than 5 p.m. 90 days after the final adjournment of the legislative session (Const. Art. Fiscal review: Governor's Office of Management and Budget conducts an estimate (U.C.A. Secretary of the state and attorney general. Where to file: Secretary of state (Const. Additional signatures are needed then. 22-24-402). The title may be different from the legislative title, but in all cases the legislative title shall be sufficient. Art. 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). Ballot title and summary: Proponents submit descriptive ballot title that is reviewed by attorney general (34 Okl.St.Ann. Cure period for insufficient signatures: None. Circulator requirements: 18 years of age (34 OS 6). Const. Art. 354). Next state election, and depending on type, must be submitted by September, then December, and then possibly July (see deadlines and timelines topic). Sponsors of advertising must file a report within 24 hours of the time the advertisement is published, mailed or otherwise revealed to the public if the advertisement qualifies as an independent expenditure or has a fair market value or actual cost of $1,000 or more (RCW 42.17A.260). 34-1802). Pamphlet contains one-sentence statements describing the effect of a "yes" or "no" vote prepared jointly by the attorney general and the state secretary (M.G.L.A. The same title drafted by the title board in the pre-qualification is used on the ballot. Initiative and referendum Flashcards | Quizlet 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. Art. 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. Probably the most celebrated initiative to pass in recent years was Proposition 13 in California. C.R.S.A. A requirement for 5% of the registered voters in two-fifths of the counties each was held unconstitutional, but that case was vacated because of an issue of standing. Both the referendum and the initiative were adopted in the United States under the leadership of groups hostile to machine politics or those convinced that government was generally insensitive to the popular will. 8). Const. In order to receive contributions or make expenditures in excess of $1,500 in a calendar year, groups must form a committee for political action and register with the secretary of state. Art. Geographic distribution: The registered voters signing such petition shall be so distributed as to include five percent of the whole number of votes cast for governor at the last election in each of two-fifths of the counties of the state (Const. 14, 9). Which election: First statewide election held more than 180 days after adjournment of the legislative session (Const. IV, 1). 53 22A; M.G.L.A. 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. 101.161). 2, 9; 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). Who can sign the petition: Qualified voters (Const. LXXXI, 4). Application process information: For statutory indirect initiatives, proponents must file a copy of the text with the secretary of state no earlier than Jan. 1 of the year preceding the year in which a regular session of the legislature is held. For direct measures, four months from the election (RCWA 29A.72.030). Cannot have been found guilty of a criminal felony or a violation of election laws, fraud, forgery or identification theft, Cannot have been convicted of or pled guilty to crimes involving forgery. Withdrawal process of individual signature: Any signer may remove their signature at any time before the petition is filed by striking it out on the petition (ORC 3501.38(H)). 295.009; 294A.150; 294A.220). Art. Art. 22-24-401, Laws related to dedications of revenue, appropriations, local or special legislation or laws necessary for the immediate preservation of the public peace, health or safety. The secretary of state submits the title to the attorney general for approval when signed petitions are timely filed for verification. What is on each petition: Names of 10 original signers in the application and deadline for submission of signatures and follow guidelines of Administrative Rules 950 CMR 48.00 (M.G.L.A. Some states offer no assistance or advice to initiative proponents on the draft of their proposed law. Where to file with: Secretary of state (W.S.1977 22-24-302). Petition title and summary creation: Attorney general (Cal.Const. [2] Three initiatives were on the California ballot the next year, in 1912, when measures 6, 7 and 8 -- to consolidate local governments, prohibit bookmaking, and set procedures for local taxation -- were all defeated. Cannot stop emergency laws passed by the legislature or appropriations to support state departments or institutions. Proponents of an initiative, referendum, or recall effort must apply for an official petition serial number from the Town Clerk. 3; 8). 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. They exist in a variety of forms. II, 1e). Application process information: Application form will be prescribed by the secretary of state. Some things to consider as you begin to review. Art. 5, 1; C.R.S.A. Art. Art. III, 5(1) and MCA 13-27-202). States vary in how they verify the collected signatures. XVI, 1 and Elec. For statutes, the legislature may amend at any legislative session (U.C.A. 4, 1, Pt. 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. Application process information: A prospective petition must be filed with the secretary of state. 48, Pt. Direct primaries. 1953 20A-7-202). Which election: Next regular general election (Const. If 20 % or more of signatures on any part are invalid, then the burden to prove the rest are valid falls on the sponsors (Ark. Where to file: Secretary of state (OR CONST Art. . Proponent financial disclosure requirements: Include but are not limited to being considered a political committee, appointing a treasurer, filing with the secretary of state, filing regular reports with specific donor information, and may receive unlimited funds (I.C. Art. Which election: Next succeeding election at which the question may be voted upon by the voters of the entire state (Const. General review of petition: The Citizens' Initiative Review Commission reviews measures and may create a citizen panel to review specific ones (O.R.S. Code Ann. Art. 2 with the secretary of state (34 Okl.St.Ann. 22-25-106). What is on each petition: A fair, concise summary of the proposed measure must appear at the top, along with the names and residences of the first 10 signers (Const. Art. IV, pt. Amending or diverting funds from a referendum measure requires a three-fourths vote of the members of each house of the legislature, and the amendment must further the purposes of the measure (Const. Rev. III, 3). Vote requirement for passage: Majority (Const. Subject restrictions: The referendum shall not be applied to dedications of revenue, appropriations, local or special legislation, or to laws necessary for the immediate preservation of the public peace, health or safety (Const. The attorney general may approve the title or revise as necessary to comply with the law. 19-111; 19-124). Art. III, 3). 23-17-41). Art. initiative, referendum, and recall - Students - Britannica Kids 6; 6.1). If the referendum question gains enough "yes" votes, then . 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. Stat. If includes expenditures, must also include sufficient increased revenue sources that cannot come from general fund. Vote requirement for passage: Majority (Const. Who creates petitions: Secretary of state creates templates, including cover and signature sheets (O.R.S. Application process information: File an exact printed copy of petition as it will be used for signature gathering (A.C.A. Circulator requirements: Registered voter (RCW 29A.72.120 and .130). Submission deadline for signatures: Within 90 days of the adjournment of the legislature which passed the law (SDCL 2-1-3.1). The secretary assigns an official serial number to the petition and assigns numbers to petitions in numerical sequence (ARS 19-111). 250.048; OR CONST Art. Democracy and republican run against each other voters vote for one demarcate representative and one republican representative. Art. 12; 25). Art. Twelve% of total votes cast in last gubernatorial race for governor, V.A.M.S. Submission deadline of signatures: Ninety days before the first day of the legislative session (Miss. Art. Most states require proponents of a proposed law to follow guidelines. St. 32-630; 32-628). Ballot title and summary: The board of state canvassers (M.C.L.A. If paid, must provide required information to secretary of state prior to collecting signatures (A.C.A. Petition title and summary creation: Within 15 days of the issuance of the certificate of review by the attorney general, petitioners file the measure with the secretary of state, who forwards it to the attorney general, who has 10 days to draft a title (IC 34-1809(2)). Const. 1-40-113). Collected in-person: Yes (Const. 14, 3), Timeline for taking effect: Within 20 days after the election (5 ILCS 20/7), Repeal or change restrictions: Must go through full constitutional amendment process (ILCS Const. St. 32-1407). Illinois requires either 60 percent of those voting on the amendment itself or a majority of those voting in the election as a whole (ILCS Const. Some states also include signatures to be gathered from across the state, although some of these requirements have been found to be unconstitutional. Art. For indirect statutory initiatives, it is roughly 11 months and two weeks. Application for Recall Serial Number. Fiscal review: Prepared by the office of budget and management and the tax commissioner if involves taxes or expenditures (O.R.C. Art. 3, 52(b) and Wyo. 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. For indirect statutory initiatives, 3% of votes cast for governor in last election to submit to the legislator. What is on each petition: Petition includes original title of the act to be referred and a statement by signers. Application process information: Must file complete measure with the Legislative Research Council. Cal.Const. 3, 24). 2, 3; M.G.L.A. Persons involved in a statewide initiative or referendum process are subject to the provisions of the Nebraska Political Accountability and Disclosure Act. To find a specific recall, you can scroll through the items listed in the widget and click on the recall or alert for more information. Who creates petitions: The secretary of state creates the form and the petitions at the expense of the sponsors (W.S.1977 22-24-310; 22-24-311). Const. St. 32-1414). Who can sign the petition: Qualified electors and every person who is a qualified voter (Const. Art. 48, Init., Pt. Initiative, Referendum and Recall Information | Paradise Valley, AZ III, 52(a) and Mo.Rev.Stat. Code 9010 et. Const. Application process information: Text and proposed ballot statements are submitted to secretary of state.