Art. LXXXI, 4). St. 32-1416). Which election is a measure on: Next state election (M.G.L.A. b. actions at New England town meetings. Art. 34-1801a, 34-1804, 34-1809, Illinois: ILCS Const. 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. Petition title and summary creation: Sponsors draft title (Const. 3, 4; Art. Amend. 168.472), Oklahoma (OK Const. 3519.21. Same must also be reported quarterly on April 15, July 15, Oct. 15 and Jan.15. Verification: For each signature, county clerk verifies if the person is a registered voter (Utah Code 20A-7-306(3) and -306.3). Art. 293.250). Art. (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). Must contain only subjects that are related or mutually dependent. art. 2). 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)). Nine states require filing an initial number of signatures of sponsors as part of an application to circulate a popular referendum petition. XI, 6 and AS 15.45.440). Art. Geographic distribution: Original geographical requirement found unconstitutional. Prepared by the Office of Fiscal and Program Review. Prov., Pt. Art. Art. 901 and 1 M.R.S.A. Circulator oaths or affidavit required: Yes (MCA 13-27-302). 3, 4; Art. 32-1405.01; 32-1405). The next statewide election unless the legislature or governor convenes a special election for it or the governor designates a vote at the primary election. 3, 3; NDCC, 16.1-01-09). A petition may only be rejected if two different sampling processes determine it does not have sufficient signatures. California is one of two dozen states that gives voters these checks on elected officials. 295.055; 295.009). Additional statements for ballot measure committees are due April 30 and October 31. 907; Const. VI, Subpt. Vote requirement for passage: Majority and not less than 35% of the total vote cast at the election (Const. Allowed to pay another for their signature: Prohibited (Mo.Rev.Stat. Next state election, and depending on type, must be submitted by September, then December, and then possibly July (see deadlines and timelines topic). 1953 20A-7-206). Who can sign the petition: Electors of the state (Const. An initiative is a proposal of a new law or constitutional amendment that is placed on the ballot by petition, that is, by collecting signatures of a certain number of citizens. If statistical sampling shows that the number of valid signatures is between 95-110% of the number required, an examination and verification of signatures is conducted (Elec. 5, 1; A.C.A. Art. 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. II, 1(d) and RCW 29A.72.030 and .160). Circulator requirements: Must be 18 years old, complete training from secretary of state and present specific identification to notary (C.R.S. Circulator requirements: 18 years of age and a US citizen; nonresidents may be circulators but must check a box on the petition disclosing this (MCL 168.544c). Proponent financial disclosure requirements: Political committee must file a statement of organization. Proponents must turn in sheets each month (O.R.S. 21 1), Timeline for taking effect: Upon proclamation of the governor (A.R.S. 19, 3) and summary statement drafted by proponents (NRS 295.009). Application process information: Application is filed on a form provided by the secretary of state and must contain the sponsor's name, or if an organization, the names and titles of its officers; address; intent to circulate and file a petition; a description of not more than 200 words of the principal provisions of the measure and the full text, in no less than 8-point font; and application for an official serial number. Timeline for taking effect: Thirty days after the Governor's proclamation of the results (Const. Art. Const. For collection, if the petitions were filed at least 165 days before the election and the signatures are deemed insufficient, they may collect more, and deadline of four months prior to the general election. 295.012; 293.127563; Angle v. Miller, 2010, 722 F.Supp.2d 1206. Art. Time period restrictions before placed on the ballot: No additional other than deadlines, Majority to pass: Yes (MT CONST Art. 14, 11. 7-9-104; A.C.A. V, 3; 34 Okl.St.Ann. 2, 3), Who creates petitions: Secretary of state (M.G.L.A. A statement must be filed by a ballot issue committee supporting or opposing a measure not more than 35 days after the petition is filed (MCL 169.234). Contributions of $1,000 or more must be reported within 48 hours after receipt. Petitions must be submitted no later than 5 p.m. 90 days after the final adjournment of the legislative session. Art. 4, 5; M.G.L.A. Art. Repeal or change restrictions: Normal amendment referendum required. Art. seq). Time period restrictions before placed on the ballot: Must be filed at least six months before the election it is to be voted on (V.A.M.S. 1953 20A-7-702; 20A-7-204.1; 20A-7-701-706). Const. Petitions must be submitted by 5 p.m. not more than 90 days after final adjournment of the legislative session at which the bill was passed. Art. Art. Const. 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. A referendum is a question that appears on a ballot that voters can answer in order to voice their opinion on a particular issue. Art. Art. Where to file: Secretary of state (NMSA 1-17-8). The full title and text of the measure must be attached to each signature sheet (Const. Art. On the graphic below, select either Citizen Initiatives or Popular Referenda at the top of the map. Petitions must be filed by 5 p.m. on the 90th day after the applicable legislative session adjourns sine die. General review of petition: Secretary of state reviews and processes the petition, along with the attorney general and the Supreme Court (34 Okl.St.Ann. What is on each petition: The full text of the measure, match secretary of states template, be the correct color and state if the circulator is paid (O.R.S. Petition title and summary creation: Proponent with attorney general approval (A.C.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. 2, Sec. Art. 3, 17). St. 32-1405.01; 32-1405.02; 32-1413). Geographic distribution: 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 (Neb. In three states (Massachusetts, Ohio and Utah), proponents must gather additional signatures to place the measure on the ballot; in the others, it automatically goes to the ballot. 250.015; 250.052; 250.045, South Dakota: SDCL 2-1-1.1; 2-1-1.2; South Dakota Administrative Rules 5:02:08:07, Wyoming: W.S.1977 22-24-304; 22-24-310; 22-24-311, Maine (M.R.S.A. 250.137; 250.139; 250.125; 250.067; 250.127). 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. Art. Currently, for constitutional amendments signatures must be gathered from at least 2 % of the total registered electors in each state senate district (C.R.S.A. Art. V, 1(6)). Two-thirds vote (or majority after seven years). Art. art. Florida. XI, 7 and AS 15.45.250). II, 1g; Art. Attorney general prepares abstract to be posted at polling places. III, 2). 3, 18). Not more than half of signers may be residents of Baltimore City or of one county. Direct democracy Simple English the free. Several states have or had statutory bans on paying circulators either per signature or in general. Wyoming: Upon request, the legislative service office or any agency in the executive department shall render assistance in reviewing and preparing comments on the proposed bill. 3519.07, Oregon: O.R.S. It must be accompanied by a notarized form including the names and addresses of the petition sponsors and the statement of organization provided at 12-27-6 (SDCL 2-1-3.1). Art. Art. Code Ann. Legislature or other government official review: Legislature reviews the measure as submitted to it by the proponents. Application process information: Proponents prepare ballot statements and file them (MCA 13-27-202; 13-27-312). Legislature or other government official review: Nonpartisan staff of general assembly prepare summary, analysis and fiscal review (C.R.S.A. Art. 4, Pt. 1953 20A-7-212). 23-17-49). Through these processes, voters can adopt a change in law (an initiative), disapprove a law passed by the Legislature (a referendum), or remove an elected official from office (a recall). Stat. Who can sign the petition: Registered qualified voters (Cal.Elec.Code 105, 9020, 9021), Geographic distribution: None, but may only sign petition circulated in the county of registration (Cal.Elec.Code 9021), Collected in-person: Yes (Cal.Elec.Code 100), Withdrawal process of individual signature: Written request with county election official before petition is filed (Cal.Elec.Code 103, 9602). Art. Initiative, referendum, and recall are three powers reserved to enable the voters, by petition, to propose or repeal legislation or to remove an elected official from office. 21). States vary in how they verify the collected signatures. For an act passed less than 45 days before June 1, the first third of the required number of signatures must be submitted within 30 days of the act's passage, and the time for filing the additional required signatures is extended another 30 days (Const. From each of at least 26 Utah State Senate districts, legal signatures equal to 5 % for indirect or 10 % for direct initiatives of the total of all votes cast in that district for all candidates for U.S. president at the last general election (U.C.A. 295.056). Ballot title and summary: 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. Initiative is a legislative proposal that originates with the people. Withdrawal process of individual signature: Can file a request with the county clerk any time before the petition is filed (N.R.S. Conflicting measures: Measure receiving most affirmative votes prevails, even if it did not receive the greatest majority of affirmative votes (V.A.M.S. Art. Does the law in question take effect before the referendum vote: No (Const. Proponent organization and requirements: Petition sponsors may not gather signatures without first forming a ballot issue committee (Elec. Timeline for collecting signatures: Six months to turn in signatures once petitions have been titled and certified for circulation (C.R.S.A. Circulator oaths or affidavit required: Yes (RCW 29A.72.030). They represent direct check on democracy as people can exercise their powers to accept or reject a piece of legislation. Legislature or other government official review: General assembly members opposing the amendment may prepare or designate others to prepare a brief argument against such amendment, submitted to attorney general (5 ILCS 20/2). Circulator requirements: Must be at least 18 and an Ohio resident (O.R.C. Art. Seven years (or two-thirds vote prior to seven years), Two years (or two-thirds vote prior to two years). CONST. 106.03). Submission deadline of signatures: 18 months (W.S.1977 22-24-315). The filing of a referendum petition against any item, section, or part of any measure shall not prevent the remainder of such measure from becoming operative. Application process information: Not specified. Must include the language "a committee for/against Proposition __" in any reference to the committee required by law (Govt. Const. Other requirements may include a legal warning, a statement that the petition circulator is paid, a summary of the proposed measure, the full text of the measure, the county or district where the signature was collected and more. M.G.L.A. What is on each petition: Form of the petition is prescribed by the State Board of Elections. Const. Geographic distribution: For indirect statutory initiatives, signatures must be collected from at least 44 of 88 counties, equaling 1.5 % of the votes cast for governor in each county in previous election. Timeline for taking effect: Becomes effective 30 days after the day it is approved by a majority of votes (Const. Submission deadline for signatures: 5 p.m. on or before the 90th day after the recess of the legislature, or if the 90th day is a weekend or holiday, by 5 p.m. on the preceding day which is not a weekend or holiday (Const. Const. 3599.03). Submission deadline for signatures: Not more than 60 days after the final adjournment of the session of the state legislature which passed on the bill on which the referendum is demanded (IC 34-1803). Petition title and summary creation: Written by sponsors, approved by attorney general (Const. Laws 168.471. 2, 9; Const. 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). Verified answer. Art. 2, 8, 12). Const. Allowed to pay another for their signature: Prohibited (Elec. An act referred to the people that was in effect at the time of the election and is approved by the people remains in effect. Code Ann. What is on each petition: Must include the full text of the measure and the title drafted by the attorney general, signers statement and circulator's declaration (RCW 29A.72.100 and .130) . For indirect, statutory initiatives only: The legislature has 40 days to pass the unchanged initiative. 19, 1 and NRS 295.045). Since the early 1970s, the initiative has increased greatly in popularity. Political committees must file a statement of organization. 3599.03, Oklahoma: 34 Okl.St.Ann. Subject restrictions: Referendum shall not apply to dedications of revenue, to appropriations, to local or special legislation or to laws necessary for the immediate preservation of the public peace, health or safety (Const. Art. A new, third level of content, designed specially to meet the advanced needs of the sophisticated scholar. 295.056). Circulator requirements: Resident of South Dakota who is at least 18 years old (SDCL 12-1-3). Amend. II, 1(b) and RCW 29A.72.150). 23-17-29), Missouri (V.A.M.S. Another 3 % is required to qualify for the ballot if not enacted by the legislature after four months (OH Const. Unclear; it seems likely that the same statement drafted by the secretary of state and approved by the attorney general for the petition also appears on the ballot, but this is not specified. 3519.01). Laws that relate to religion, religious practices or religious institutions; the appointment, qualification, tenure, removal or compensation of judges; the powers, creation or abolition of courts; the operation of a particular town, city or other political division or to particular districts or localities of the commonwealth; or the appropriation of money for the current or ordinary expenses of the commonwealth or for any of its departments, boards, commissions or institutions. V, 1(3) and CRS 1-40-117. Geographic distribution: 3% of total votes cast for the office of governor from at least 15 counties (Const. Who can sign the petition: Electors (O.R.S. A petition's sponsor must file a campaign finance report at the time a petition is filed under 6-205 and a committee opposing a ballot measure must file a campaign finance report within 10 business days after the petition is filed under 6-205 (Elec. 4, 1, Pt. Conflicting measures: The measure with highest number of affirmative votes prevails (M.C.L.A. Art. Accessible across all of today's devices: phones, tablets, and desktops. 12, 2; M.C.L.A. The details for those states are below: Five states limit the legislatures ability to amend or repeal a law after it has been approved by voters. Vote requirement for passage: Majority (Const. 1-40-105). The official title of the bill that is subject to the referendum appears on the ballot. Of course, in some of the above states, timelines concerning filing, signature gathering and deadlines for signatures and the indirect initiative process may impose limits not otherwise spelled out in statute. 2015.5), Circulator oaths or affidavits: Yes (Cal.Elec.Code 104, 9022, 9610), Paid per signature: Yes, but signed oath if paid (Cal.Elec.Code 101, 9610), Allowed to pay another for their signature: Prohibited (Cal.Elec.Code 18603). Supermajority vote only to change vote requirement. 3, 52(b) and Wyo. II, 1g). Amend. Rule 2.79; Oklahoma Ethics Commission's Guide for Political Action Committees, Oregon: O.R.S. Submission deadline for signatures: By 5 p.m. not more than 90 days after final adjournment of the legislative session at which the bill was passed (Const. The measure can be amended by a three-fourths vote in a joint session. Majority to pass: For statutory initiatives, a majority at a single general election. Ballot title and summary: Proponents submit a suggested popular name, to be approved or disapproved by the secretary of state (NMSA 1-17-9). 1(3)). 6. a. to make a difference b. to lead by example c. to give hope d. pleasant They are not synonyms of the other words in each group. The secretary of state, in consultation with the attorney general, prepares a condensation, explanations for and against, and concise summaries of the bill's impact on existing related laws (NRS 293.250). Types allowed: Direct initiative for statutes and amendments and popular referendum, Single subject rule: Constitutional amendments only, not statutes (A.R.S. ", Miss. 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. Both the initiative and the referendum originated in Switzerland in the first half of the 19th century. III, 3, Const. Art. To make it more difficult to place initiatives on the ballot and to ensure initiatives do not represent just the interests of heavily populated areas, some states have created a requirement that signatures be gathered from across the state. Circulator oaths or affidavits: Either the sponsor or circulator in accordance with W.S.
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