Wording of Ballot Question and Effect of Yes Vote, No statute found; used Referred Act 1 (Nov. 1994) as a reference. Petition title and summary creation: Attorney general (Elec. Proponents; a simple statement of the gist of the measure is included on the petition. Art. 15, 273). Thirteen states require a simple majority to pass statewide ballot measures: Alaska, Arizona, Arkansas, California, Idaho, Maine, Michigan, Missouri, Montana, North Dakota, Ohio, Oklahoma andSouth Dakota. 3, 17(1)). Timeline for taking effect: The date of the official declaration of the vote thereon by proclamation of the governor, but not later than thirty days after the vote has been canvassed (Const. II, 1b; O.R.C. Seventeen states do not provide for any limitation on attempting to repeat a specific measure: Alaska, Arizona, Arkansas, California, Colorado, Florida, Idaho, Illinois, Maine, Michigan, Missouri, Montana, Nevada, Ohio, Oregon, South Dakota and Washington. Amount is specified by secretary of state by rule. Art. The following is not a legal, comprehensive list of every campaign finance law governing the initiative process in each state, but rather provides a starting guide of where to find relevant statutes: Nine states have an explicit process for withdrawal of an initiative from circulation: Proponents may any time before measure qualifies for the ballot, 131 days before the general statewide election. XVI, 2). 23-17-1; 23-17-3). Art. 2; 21 Okl.St.Ann. 2, 9). Cal.Const. Collected in-person: In the circulator's presence (V.A.M.S. File a letter with secretary of state, signed by designated representatives, no later than 60 days prior to the election. States include a range of requirements for petition format and contents including legal warnings, serial numbers provided by officials, notarization, date of the election the measure is to be voted upon, the measures full text, summary, the district or county where the signature was gathered, if the circulator is paid, fiscal analysis, affidavit of circulator, circulator information, rights of the potential signer, names of proponents or proponent organization and deadline for signatures. Who creates petitions: Sponsors (IC 34-1805). A statement of organization is required (Govt. 23-17-41). May remove no later than 120 days prior to the next general election and at least two-thirds of petition sponsors must sign the form. Contributions of $1,000 or more must be reported within 48 hours after receipt. 116.160; 116.180; 115.245; 116.210; 116.220. Art. seq). Code 9001). Each signature page must contain the subject expressed in the title of the Act to be referred (ORS 250.045). Petition title and summary creation: Petition bears the title of the bill it seeks to repeal (Mo.Rev. Art. Contributions in excess of $3,000 that are received after filing the pre-election report must be reported within 24 hours of receipt. Number of signatures required: 5% of the whole number of votes cast for governor in the last election. This bill would (concise description). 2, 3; M.G.L.A. Proponent financial disclosure requirements: A committee must be formed upon the occurrence of any of the following in a calendar year: receiving contributions in excess of $2,000, making independent expenditures totaling $1,000 or more or making contributions totaling $10,000 or more (Govt. 34-1813). 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). What is on each petition: Petition must include full and correct title and text of the law (Const. Chapter 1 Part 1 Flashcards | Quizlet And attorney general reviews legality (MCA 13-27-202; 13-27-312; 13-27-402). Number of signatures required: 5% of the number of votes cast for all candidates for governor in the last general election (Const. St. 32-1409). Prepared by chief legislative budget officer. Legislature or other government official review: After certification for the ballot, the joint committee on legislative research holds a public hearing in Jefferson City to take public comments regarding the measure (V.A.M.S. III, 3); next general election after the petition is regularly and legally filed with the secretary of state (NRS 32-1411). Allowed to pay another for their signature: Giving or receiving money or anything of value for signing a petition or a statement of signature withdrawal is a class 1 misdemeanor (ARS 19-113(D) and -114.01). Art. Subject restrictions: Such laws as may be necessary for the immediate preservation of the public peace, health or safety, support of the state government and its existing public institutions are not subject to referendum (Const. Geographic distribution: Original geographical requirement found unconstitutional. Code 84101). Code 84200). If the petitions are approved and the signatures are valid, the proposal can be voted on. Art. Art. . Art. Petition title and summary creation: Secretary of the commonwealth drafts a fair, concise summary that appears on petitions and on the ballot (Const. Art. 7-9-104), California (Cal.Elec.Code 9001, 9004; Cal.Const. XVI, 2). The title of the statute or resolution that is the subject of the referendum is printed on the ballot. IV, pt. Where to file with: Secretary of state (NDCC Const. Const. Art. This committee is responsible for preparing the arguments for the measure and any rebuttal arguments in the information pamphlet (MCS 13-27-402). 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). Code Ann. 3, 53. 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. CONST. (21-A MRS 905). Vote requirement for passage: Majority (Const. The same ballot title and popular name that appeared on petitions (drafted by sponsors) is submitted by the secretary of state to the board of canvassers for certification. Art. ), Const. 3519.01). If petitions are insufficient, sponsors may circulate and file a supplementary petition within 10 days of the date that notice was given if 90 days have not expired after the adjournment of the legislative session at which the act was passed. V 1). Art. Which election: Next succeeding election at which the question may be voted upon by the voters of the entire state (Const. Art. Art. In 2021, Idaho passed, Collected in-person: Yes (I.C. 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)). 106.19), Allowed to pay another for their signature: No prohibition found, Number of signatures required: Eight pecent of total votes cast statewide in last presidential election (F.S.A. Amend. III, 3). Collected in-person: Yes (Mo.Rev.Stat. For constitutional amendments, a majority of voters at two consecutive elections (N.R.S. Art. Public review or notice: Public may comment for 15 days on petition once it is approved for circulation, and may attend hearing held by joint committee on legislative research, with comments from that meeting made public, and newspaper publication (V.A.M.S. 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). Art. 295.009 with the secretary of state, and it may be amended pursuant to that statute (N.R.S. 16.061). Fiscal review: Office of Fiscal and Program Review prepares (1 M.R.S.A. 48, Init., Pt. Petition title and summary creation: Sponsors draft title (ARS 19-101(A)). The chief petitioners may withdraw at any time before submitting the total number of signatures for verification. Repeat measures: May only be attempted once every three years (Ne.Rev.St. 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. Wyoming: in excess of 50% (Const. Where to file: Secretary of state (Const. Art. Rponses possible : a. Restrictions included 120 days before election for amendments, and 160 days before an election and not less than 10 days before legislative session for statutes. 1-40-105). 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. XVI, 3(b)). Const. Proponents write title. Ballot title and summary: Director of elections, with approval of state board of canvassers, drafts a statement of purpose of not more than 100 words for the ballot (MCL 168.32(2)). One of three authorized people must submit a notice of withdrawal with the secretary of state. Other subject restrictions: Amendments that propose a tax or fee not in place in November 1994 require a two-thirds vote to pass (F.S.A. Seventeen states have at least one government official draft or review the petition title and/or summary, while proponents draft this language in nine states. Petitions always include a title and/or summary of the proposed measure, although who writes this information varies. 4, 1, Pt. Application process information: Proponents submit petition signed by 20 voters. 53 7). Petition title and summary creation: Original filing includes a summary written by sponsors; approved by attorney general (ORC 3519.01(B)). 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. Time period restrictions before placed on the ballot: Submission deadline three months and three weeks prior to election (C.R.S.A. 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. Prov., Pt. 5 , 1; A.C.A. Some states do not specify a method for verification. Proponent financial disclosure requirements: A committee formed to support or oppose a ballot measure must register by filing a statement of organization with the Ethics Commission when its contributions or expenditures exceed $1,000 (Ethics Commission rules 2.79 and 2.80). Initiatives and referendums in the United States - Wikipedia Are - working c. is looking for d. aren't investing 2. Who creates petitions: Sponsors create the petition. City Clerk Initiative, Referendum, and Recall - Phoenix, Arizona 2, 10; Cal.Elec.Code 9004, Title board, comprised of secretary of state, attorney general and director of the office of legislative legal services. Who can sign the petition: Qualified electors and every person who is a qualified voter (Const. Vote requirement for passage: Majority, provided that the votes cast on the measure shall equal at least one-third of the total votes cast at the election (Const. 1(9) and A.R.S. 5 Advantages and Disadvantages of Referendums - ConnectUS Amend. Const. Contributions of $1,000 or more must be reported within 48 hours after receipt (IC 67-6607). 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 chapter34.05RCW. Art. Art. Who creates petitions: None defined, although the secretary of state reviews and processes the petition, along with the attorney general and the Supreme Court (34 Okl.St.Ann. Another 3% is required to qualify for the ballot if not enacted by the legislature after four months. 19-121.01); California (Elections Code 9030); and Colorado (C.R.S. Referendum. During the 14 days before the election, reports of any communication exceeding $5,000 in the aggregate are due within one business day (Rule 2.109). Recall is the ability as a citizen to petition for a re-vote of an elected official who is believed to be ineffective. Next general election at least 31 days after the measure qualifies or at a special statewide election held prior to that general election; the governor may call a special statewide election for the measure. Art. 5, 2; 34 Okl.St.Ann. 19, 2), Ballot title and summary: Secretary of state, in consultation with the attorney general (N.R.S. 2, 2; see also M.G.L.A. Code 9014. The ballot title may be distinct from the title of the law that is the subject of the petition (Utah Code 20A-7-308). **Residency requirement was struck down by Term Limits Leadership Council v. Clark (1997). 5, 1). The popular referendum allows voters to approve or repeal an act of the Legislature. Application process information: Proponents prepare ballot statements and file them (MCA 13-27-202; 13-27-312). Withdrawal of petition: Any time before the final submission of signatures, the delegated proponents may write to the secretary of state to withdraw (34 Okl.St.Ann. Public review or notice: A pamphlet containing titles, summaries, arguments or explanations for and against each measure and alternative (sponsors may prepare their own arguments/explanations, otherwise the Secretary of State will). Vote requirement for passage: Majority (Const. Florida: Attorney general can request advisory opinion on the constitutionality of a measure from the state supreme court. 4, 1, Pt. Number of signatures required: 8% of the active voters in the state on Jan. 1 following the last regular general election (Utah Code 20A-7-301(1)). 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. 3, 20 and 21-A MRSA 901). Who creates petitions: Lieutenant governor (Const. For constitutional amendments, signatures must be gathered from at least 2% of the total registered electors in each state senate district.*. 19, 2; American Civil Liberties Union of Nevada v. Loma [2006]; N.R.S. Art. 3, 52(e) and Wyo. Cure period for insufficient signatures: Upon notice that the petition was improperly filed, sponsors may amend and correct the petition by circulating and filing a supplementary petition within 10 days of the date that notice was given if 90 days have not expired after the adjournment of the legislative session in which the act was passed (AS 15.45.400). Petitions must be filed within 90 days after the legislative session at which the law was passed adjourns either sine die or for more than 90 days. Recall is the power to remove an elected . 8; 9). County recorder or justice of the peace. XVI, 3(b)). Art. XLVII , Pt. 22-24-401). Administrative rules 5:02:08:09 and 5:02:08:07.02 require that circulators sign affidavit as well. Art. Collected in-person: Yes, In-person (21-A MRS 902). 353, 354). Sponsoring committee must file a statement of renumeration prior to circulating signatures if circulators will be paid. Submission deadline of signatures: Must be 120 days before the election it is to be voted upon (NDCC Const. 1953, Const. Popular Referendum Overview. 116.160; 116.180; 115.245; 116.210; 116.220). More than two elections on the same general matter cannot be held within 12 months. 168.471; 168.472). The reform movements of the Progressive Era generally focused on . 116.332). Rev. 48, Pt. Allowed to pay another for their signature: Prohibited (NSR 295.300). A committee formed to support or oppose a ballot measure must register by filing a statement of organization with the Ethics Commission when its contributions or expenditures exceed $1,000. 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. Additional statements for ballot measure committees are due April 30 and October 31. 2, 9; M.C.L.A. II, 1g; Art. 1-40-111), Paid per signature: Allowed but must obtain license and training (CRS 1-40-135), Allowed to pay another for their signature: Prohibited (C.R.S.A. Code 84107). II, 1g and ORC 3501.38). 15, 273 and Miss. Timeline for taking effect: Thirty days after the election unless otherwise provided in the act. 2, 3; Const. Const. If both are approved, the one receiving the greatest number of affirmative votes prevails (34 Okl.St.Ann. 100.371), Geographic distribution: Signatures in each of one-half of the 27 congressional districts of the state (F.S.A. Proponent financial disclosure requirements: Committees in support or opposition to a ballot measure are treated the same as political action committees. Does the law in question take effect before the referendum vote: Not specified. II, 1b; O.R.C. This is because legislators are more likely to introduce certain reforms and measures if the initiative mechanism exists, because it is likely that if they do not, an initiative on the issue will be launched. Art. Art. 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. 116.334). Ballot title and summary: Secretary of state drafts ballot language statements that fairly and accurately explain what a vote for and what a vote against the measure represent, approved by attorney general (Mo.Rev.Stat. Where to file: Secretary of state (Const. 3599.14). Allowable uses of funds by ballot measure committees are specified at Elec. Const. IV, pt. Timeline for taking effect: For indirect initiatives, 60 days after the adjournment of the legislative session that passed it. . Who creates petitions: Secretary of the commonwealth (Const. General review of petition: Secretary of state, along with revisor of statutes, may reject petition application if it does not conform to drafting conventions for statutes (21-A M.R.S.A. 116.180; V.A.M.S. 7-9-104; A.C.A. Number of signatures required: 4% of the votes cast for all candidates for governor at the last election (Const. Proponent financial disclosure requirements: Include but may not be limited to filing any PACs formed to advance the measure, limitations on total contributions, and reporting contributions received above $1,000 at various times (N.R.S. Application process information: The person(s) or organization(s) under whose authority the measure is to be referred must deliver to the secretary of state the petition, signed by at least 20 qualified electors of the state (IC 34-1804). III, 2). Art. Art. Art. Attorney general prepares abstract to be posted at polling places. Where to file with: Secretary of state (Miss. Art. Who can sign the petition: Electors (O.R.S. 116.025). A yes vote approves the referred act, and a no vote rejects it. (Elec. Ninety days from the date marking the beginning circulation for collection, as set by the secretary of state after public posting and chance for protest, and a deadline of 90 days from the official set date from the secretary of state. For amendments, unless specified otherwise, July 1 following approval (MCA 13-27-105; MT CONST Art. 3, 18), Massachusetts (M.G.L.A. 3, 8). (Note: This provision was found unconstitutional in July 2020 by a Superior Court judge and was later affirmed Aug. 31, 2020 by the state supreme court. 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)). 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). 11 906(6)(B)). Ballot title and summary: Proponents submit descriptive ballot title that is reviewed by attorney general (34 Okl.St.Ann. Art. Const. What is on each petition: The format of the petition may be submitted to the chief election official of the appropriate election authority, in advance of filing the petition, for a determination of its sufficiency (Elec. Who can sign the petition: Qualified electors (A.R.S. General review of petition: Attorney general can request advisory opinion on the constitutionality of a measure from the state supreme court (F.S.A. Geographic distribution: None, but petition sheets are organized by county (A.R.S. XVI, 4). Application process information: Must file an exact copy as found in 34 Okl.St.Ann. Progressive Era Reforms - Students of History Art. Verification: The secretary of state employs a representative random sampling by the use of questionnaires, postcards, telephone calls, personal interviews, etc., or any combinations thereof, to determine the validity of the signatures (NDCC 16.1-01-10). 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). 2, 3). Public hearings are held in each congressional district (Neb.
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