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The same safe and trusted content for explorers of all ages. Timeline for collecting signatures: Signatures are valid for two years, but a petition can circulate indefinitely (F.S.A. concerning (statement of subject) and voters have filed a sufficient referendum petition on this bill. Petition title and summary creation: Petition includes the title of the referred law (SDCL 2-1-3.1). A person also qualifies as a ballot measure committee if 2% or more of its annual revenues, operating expenses or funds are used to make contributions to another ballot measure committee which exceed $10,000 in value (ACA 9-7-402). Statewide general election, and 90 days before the first day of the legislative session and the first five measures make it on the ballot. Paid per signature: Yes, and reporting is required (21-A MRS 903-A(5)). Const. Fifteen % for amendments (A.R.S. LXXXI, 4). Withdrawal of petition: Proponents may withdraw a measure at any time before filing the petition (Elec. Art. Stat. 7-9-404; 405; 406; 407; 408; 409). For direct initiatives, 10 % of the cumulative total of all votes cast for U.S. president. Code 9610). XVI, 5(b) and Elec. Verification: Verification method not specified, but "In considering the sufficiency of a referendum petition the burden of proving that all signatures appearing on the page are genuine and that the signers are qualified electors of the county named on the page and are in all respects entitled to sign the petition shall be upon the sponsors of the petition, if it is apparent beyond a reasonable doubt to the secretary of state that twenty percent or more of the signatures on any one page thereof are fictitious, forged or otherwise clouded, or that the challenged petitioners were ineligible to sign the petition, which fact was known or could have been ascertained by the exercise of reasonable diligence on the part of the person soliciting the signatures on that page" (NMSA 1-17-11). Geographic distribution: Not more than half may be residents of Baltimore City or of one county (Const. Committees in support or opposition to a ballot measure are treated the same as political action committees. Proponent financial disclosure requirements: Must obtain a petition entity license before circulating petitions or paying circulators (CRS 1-40-135(2)). Art. Ballot title and summary: Attorney general. II, 1a; 1b; 1g; O.R.C. 19-112), Colorado (Const. 53 7. Ballot Initiatives | State of California - Department of Justice Timeline for taking effect: Upon publication of the certificate by the secretary of state of the result of the vote (Const. There is a principal circulator whose information is publicly available upon request. The attorney general may approve the title or revise as necessary to comply with the law (34 OS 8(H) and 9). 168.471 and M.C.L.A. Popular Referendum Overview. 905-A; M.R.S.A. III, 5(1)). Proponent financial disclosure requirements: There is a principal circulator whose information is publicly available upon request (NRS 32-1406). Art. Circulator requirements: At least 18 years old,a Utah resident and paid circulators must wear badges (Utah Code 20A-7-303(3)). Circulator requirements: US citizen and at least 18 years of age (Wyo. Cal.Elec.Code 9005; Cal.Gov.Code 12172. Nine states do not include a process in statute for an individual to withdraw his or her signature. Arkansas: Exact petition copy filed with secretary of state (A.C.A. A person, committee or political party that pays signature gatherers is required to file the same financial disclosures required under Title 13, Chapter 37. Const. Petition title and summary creation: Secretary of state (Wyo. However, voters submit two preferences: (1) to approve or reject both measures and (2) deciding between the measures. Number of signatures required: 15% of the total vote cast in the last election (Const. Types allowed: Direction and indirect initiatives for statutes, and popular referendum, Single subject rule: Yes (RCWA Const. Art. General review of petition: Upon request, any agency in the executive department shall assist in reviewing and preparing comments on the petition (C.R.S.A. California: Proponents may request review by secretary of state and from the Office of Legislative Council. Majority to pass: Yes (OH Const. Where to file: Secretary of state (21-A MRS 901). Application process information: Written application including full text of proposed law and summary that explains its purpose, signed by five people and the applicant (21-A M.R.S.A. In all states, a qualified popular referendum may be placed on the ballot in a statewide general election. Const. Number of signatures required: For statute, 8 % of the total votes cast for governor in the last general election. Art. 48, Init., Pt. States may apply a single-subject rule or other restrictions. The president of the Senate and the speaker of the House of Representatives have authority to designate groups of members to prepare arguments for and against amendments to the Ohio Constitution proposed by the General Assembly, a person or persons to prepare an argument for any law, section, or item submitted to the electors by referendum petition, and a person or persons to prepare an argument against any constitutional amendment proposed by initiative petition. Then the clerks verify the signatures; with a random sample of at least 500 or 5 % of the petition district's signatures. 21). II, 1(d) and RCW 29A.72.030). Who creates petitions: Secretary of state (ORC 3519.05(C)). Petitions must be submitted within 90 days following the final adjournment of the legislative session at which the law was enacted. Who can sign the petition: Registered electors of the state (Const. Art. 1051, 1052, 1052-A, 1053-B, 1054, 1054-A, 1055, 1055-A, 1056, 1056-A, 1056-B, 1057, 1058, 1059, 1060, 1062-A, 1062-B, Massachusetts: M.G.L.A. Art. Art. 4, 1, Pt. Art. Const. Timeline for taking effect: Effective upon the governor's proclamation of the vote (Const. Persons involved in a statewide initiative or referendum process are subject to the provisions of the Nebraska Political Accountability and Disclosure Act. Circulator requirements: Resident of South Dakota who is at least 18 years old (SDCL 12-1-3). Art. 19, 2). Art. Montana: Reviews done by attorney general and legislative services division. What is on each petition: Petition must include full and correct title and text of the law (Const. 3, 3; NDCC, 16.1-01-09). 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. 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. Initiative is when citizens get signatures and make the decision . Secretary of state, in consultation with attorney general, OH Const. 168.473b). Collected in-person: Yes (W.S.1977 22-24-312). Code Ann. 2023 by National Conference of State Legislatures, https://www.nvsos.gov/sos/elections/initiatives-referenda/filing-a-referendum, 13 Years of Impact: The Long Reach of Citizens United, With Recent Special Elections, the Tables Are Set for Spring. 1-40-123), Majority to pass: Amendments require 55 % (C.R.S.A. Art. V, 1(4)(a)). 67-6602, 67-6607). Types Allowed: Indirect initiative for statutes, and popular referendum. Some have been found to be unconstitutional, largely on one person, one vote grounds. Submission deadline of signatures: At least 131 days prior to the next general election the measure is to be voted on (Cal.Elec.Code 9016; Cal.Const. XI, 2). Art. Application process information: The sponsor must file a printed petition part with the secretary of state in the exact form that will be used for signature gathering (A.C.A. Rev. Reports of contributions received and expenditures made must be filed at least seven days before any primary, special or general election. 5, 1), Who can sign the petition: Registered electors who will be eligible to vote on the measure (C.R.S.A. 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. Art. 19-102), Fiscal review: Prepared by joint legislative budget committee staff (A.R.S. 116.030 and .050; includes warning to signers, bill number and title, circulator's affidavit, and full text of the measure. 250.137; 250.139). From three-fourths of house districts of the state with signatures from each district equaling at least 7% of the total votes from preceding general election. Who creates petitions: Petitioners, approved by secretary of state and attorney general (I.C. Attorney general, after receiving written comments from the Legislative Research Council. 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. This violence was reflected in which foundational document?, The process that gives citizens the power to enact constitutional amendments and legislation is called the, The initiative, referendum, and recall are all . Art. Disclosure reports must be filed 60 days before the election, on the 5th and 20th day of each month until the election, the 20th day of November after the election, and the 20th of January each year. Most constitutional democracies, such as Australia, Canada, Italy, and the United States, operate through a system of representative government. Stat. Withdrawal of petition: Any person who submits a sample sheet to or files an initiative petition with the secretary of state may withdraw the petition upon written notice to the secretary of state. Other subject restrictions: Cannot stop emergency laws passed by the legislature or appropriations to support state departments or institutions (NDCC Const. The initiative came into use at Vaud in 1845. An estimated fiscal impact statement must be printed with any constitutional amendment or initiated or referred measure on the ballot. 3, 3; NDCC, 16.1-01-09), Ohio (Const, Art. Fiscal review: The financial estimate committee will estimate costs and consult with the legislative revenue officer (O.R.S. It is unclear whether the following language in Nevada applies to popular referenda (provisions for which are included in the relevant article), or only to initiatives: This Article does not permit the proposal of any statute or statutory amendment which makes an appropriation or otherwise requires the expenditure of money, unless such statute or amendment also imposes a sufficient tax, not prohibited by the Constitution, or otherwise constitutionally provides for raising the necessary revenue.. Petition must be filed with county officials not later than 15 days following the primary election. The filing procedure described in statute does not appear to apply to referendum petitions, every initiative petition for a proposed law or amendment to the state constitution (CRS 1-40-105). 3599.14). Rule 2.36; Okl.St.Ann. 4, Pt. Collected in-person: Yes (O.R.C. Q. II, 1c and 1g; ORC 3519.16(F). Withdrawal of petition: May remove no later than 120 days prior to the next general election (SDCL 2-1-2.3). Application process information: Petitioners file a statement containing the object of the petition and the text of the measure with the secretary of state, together with a sworn statement containing the names and street addresses of every person, corporation or association sponsoring the petition (NRS 32-1405). Art. 3, 18), Ballot title and summary: Secretary of state and attorney general (21-A M.R.S.A. Verification: The circuit clerk of each county in which the petition was circulated will verify the name of every qualified voter who signed the petition (Miss. 5, 1). III, 2). 1-40-105). 12; 25). 4; Art. Reports of contributions and expenditures are due quarterly in calendar years without elections. Who creates petitions: Secretary of state (MCA 13-27-202). 7-9-114). Records must be kept of contributions and expenditures. Pre-election statements must be filed 40 and 12 days before the election (Govt. The ballot initiative, a form of direct democracy, is the process through which citizens exercise the power to place measures otherwise considered by state legislatures or local governments on statewide and local ballots for a public vote. C.R.S.A. Art. Ballot title and summary: Submitted to Board of Election Commissioners and then certified to the secretary of state (Ark. III, 3 and MGL ch. 23-17-57; Term Limits Leadership Council v. Clark, 1997). IV, 1(3)). Art. 904-B), Number of signatures required: Ten % of the total votes cast for governor in the last gubernatorial election (M.R.S.A. Const. Its success in 1978, despite the strong opposition of the governor, state legislature, and the bureaucracy, prompted tax revolts in several other states. Other subject restrictions: Measure provisions cannot be dependent upon meeting certain vote %age. Code Ann. 24, 1). 3519.22). Verification: Board of state canvassers verifies the signatures using the qualified voter file and shall complete the process at least two months before the election (M.C.L.A. Petition title and summary creation: Secretary of state provides serial number, and attorney general writes a title posed as a question and summary (Miss. Where to file with: Secretary of state (OK Const. Art. Six states prohibit sponsors from paying circulators on a per-signature basis. Circulator requirements: Non-Arizona residents and paid-resident circulators must register. Prepared by the office of budget and management and the tax commissioner if involves taxes or expenditures. Petitions must be submitted within 90 days after the law is filed by the governor in the office of the secretary of state. Const. Const. 7-9-104), California (Cal.Elec.Code 9001, 9004; Cal.Const. 5, 1 and A.C.A. Art. Art. CHAP. 13 Sample Exam Flashcards | Quizlet However, in about half of the 24 initiative states, proponents can get drafting assistance to improve the quality and consistency of initiative proposals. Five states have time limits on the repeal or alteration of measures. 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). Art. Art. 14, 10. 19-121), Submission deadline of signatures: Four months before election (A.R.S. Then within 15 days the attorney general provides certificate of review. Paid per signature: Prohibited (SDCL 12-13-28). Where to file: Secretary of state and attorney general (ORC 3519.01(B)). Seventeen states have a statute in place noting that if two or more conflicting measures are on the same ballot, the measure receiving the most votes passes. Code 9001, $2,000; refunded if measure qualifies for the ballot within two years. 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.". States with initiative or referendum - Ballotpedia Art. Initiative,referendum,recall Flashcards | Quizlet Names and addresses of sponsors must be listed, and they must sign to verify that they are registered voters (Wyo. XLVII, Pt. 48, Init., Pt. The title of the statute or resolution that is the subject of the referendum is printed on the ballot. 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. Art. Const. Submission deadline of signatures: For statute initiatives, no later than three months prior to the election the measure is to be voted upon, and must submit to the county officials no sooner than nine months and no later than four weeks prior to the final deadline (MT CONST Art. Who can sign the petition: Qualified electors of the state of Montana (MCA 13-27-102). II, 9). Circulator requirements: At least 18 years old and a qualified elector (34 Okl.St.Ann. Stat. 2, 10), Majority to pass: Yes (Cal.Const. Number of signatures required: 5% of the number of votes cast for all candidates for governor in the last general election (Const. 106.19, 100.371, 120.54, Idaho: I.C. II, 1c and 1g). 1-45-103, 1-45-108.3, 1-45-111.5 1-45-117). Geographic distribution: 6% of the qualified electors at the time of the last general election in at least 18 legislative districts (IC 34-1805). Ballot measure committees must also provide an initial disclosure report 15 days after the committee begins raising or spending money, with subsequent quarterly reports until the pre-election report is due. Submission deadline of signatures: Six months before the general election (ILCS Const. What is on each petition: Must follow form per statute, include full text of the measure, follow paper requirements, and printing instructions and internet posting requirements (MCA 13-27-201; 13-27-202; 13-27-204; 13-27-207). Art. 3, 52(g) and Wyo. Timeline for taking effect: The date of the governor's proclamation of the election results (IC 34-1813). If the petitions are approved and the signatures are valid, the proposal can be voted on. 22-24-306 (W.S.1977 22-24-314). 4, Pt. The recall allows residents to remove the person in office. 21 1, Colorado: C.R.S.A. Verification: By actual count (as opposed to random sampling), but this is not spelled out in statute. 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. Secretary of state must establish by rule and collect filing fees (RCW 43.07.120). The timelines for signature gathering for popular referenda differ significantly from those for initiatives. 5% of the votes cast for governor at the preceding election; 15% of the votes cast for governor in the preceding election in a majority of legislative districts is required to suspend operation of an act pending the election. 2, 10), the legislature cannot change or alter measures on its own and must resubmit changes to the people unless the original measure passed by voters waived this requirement. But these devices, like the recall, are legal only in certain states and municipalities, not at the national level. 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. Law 13-202). 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. (Const. If a congressional district has 110 % of the needed valid signatures, the petition qualifies in that district. 10% of the votes cast in the last general election in each of three-fourths of the counties, or 25% to suspend operation of the act until the operation, 3% of the votes cast for the office of governor in the last election in half of the counties. Art. Timeline for collecting signatures: Once the petition is approved and a serial number is issued, sponsors have until 5 p.m. on the 90th day after the legislature session adjourns. If the petitions were filed at least 165 days before the election and the submission deadline has not passed, and the signatures are deemed insufficient, petitioners may submit more signatures. b. actions at New England town meetings. 4, 2; Constitution 48, Init., Pt. 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. Repeal or change restrictions: The legislature shall not have the power to repeal a referendum measure passed by a majority of the voters (Const. II, 1g). Art. Proponent organization and requirements: Sponsors must designate a committee of three to five people who shall represent them in all matters related to the petition (ORC 3519.02). 2). Art. Law 7-103(c). (NMSA 1-17-2) Each signature page is limited to one county and must bear the circulator's certificate and a warning to signers (NMSA 1-17--5); circulators must also present full and correct copy of the law (NMSA 1-17-3). Time period restrictions before placed on the ballot: 180 days must pass after adjournment of the legislature and the election (Const. Proponent financial disclosure requirements: Include but may not be limited to statewide ballot question committee must file pre-primary, pre-general, year-end and, if applicable, supplemental report and amendments (SDCL 12-27-22; SDCL 12-27-3). 3503.06). Where to file: Secretary of state (NRS 32-1405). The same title that was drafted for the petition also appears on the ballot (ORS 250.065). 12, 2), Mississippi (MS Const. 54 53. V, 3). Timeline for collecting signatures: None except when collecting the second 3 % of signatures of votes in last election for governor, the deadline is 90 days (OH Const. 3, 1 and Const. 19, 2; N.R.S. 295.009 with the secretary of state, and it may be amended pursuant to that statute (N.R.S. Const. 5, 7). Chief petitioners must file a statement declaring whether circulators will be paid (ORS 250.045). 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. Legislature or other government official review: Since the process is an indirect initiative, the legislature has four months to adopt the unchanged constitutional initiative by a majority in each house before the secretary of state submits it to the people. Which election: First general election to be held not less than 30 days after the filing ofthe petition (Const. Art. Withdrawal process of individual signature: Signature may be withdrawn not later than 5 p.m. on the date the petition containing the person's signature is filed by signing a statement of intent to withdraw at the secretary of state's office, mailing a signed, notarized statement of intent to the secretary of state or drawing a line through the signature and printed name (ARS 19-113). Circulator requirements: Must be qualified to register to vote pursuant to 16-101. IV, pt. States have statutes covering conflicting or competing measures, the percent of the vote needed to pass a measure, and repeal or change restrictions. 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. For indirect initiative states, this review process involves the legislature and can be quite extensive. Which election is a measure on: Regular election unless otherwise ordered by Legislative Assembly (OR CONST Art. Code Ann. St. 32-1408). Withdrawal process of individual signature: Can file a request with the county clerk any time before the petition is filed (NRS 295.055). 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. 30 seconds. Timeline for taking effect: Upon approval by the voters (Const. The Progressive Era Pt. 1 Flashcards | Quizlet