295.009; 294A.150; 294A.220, North Dakota: NDCC, 16.1-08.1-02.4; 16.1-08.1-03.1; 16.1-08.1-03.2, Ohio: O.R.C. Art. 101.161). 116.180; V.A.M.S. (OH Const. General review of petition: None other found. Const. Code 107, 18680. Timeline for taking effect: An act rejected by referendum is void 30 days after certification. Cannot have had a penalty for violation of title 16 (election laws) or title 19 (initiative and referendum laws) in the past five years, been convicted of treason or a felony and has not been restored to civil rights, or been convicted of any offense related to fraud, forgery or identity theft. 7-9-404; 405; 406; 407; 408; 409). What is on each petition: A copy of the act to be referred if the number of words is 500 or fewer; the statement of approval or rejection; a statement of the minimum costs to the state associated with certification of the application and review of the petition, excluding legal costs and costs associated with any challenge to the validity of the petition; an estimate of the cost to the state of voter approval or rejection; an impartial summary of the subject matter of the act; a statement of warning prescribed in AS 15.45.330; sufficient space for the printed name, numeric identifier, signature, date of signature, and address of each person signing the petition; and other specifications prescribed by the lieutenant governor to ensure proper handling and control (AS 15.45.320). MT CONST Art. 5, 1). Legislature reviews the indirect statutory initiatives. Advantages. II, 1g and ORC 3519.16(F)). Proponent organization and requirements: At most, three people are designated as the chief petitioners and state whether circulators will be paid or not (O.R.S. . Art. III 5). States decide how the ballot title and summary are created and any requirements for the wording of the measure on the ballot. Colorado: Upon request, any agency in the executive department shall assist in reviewing and preparing comments on the petition. Timeline for taking effect: Once canvassing of votes is complete (N.R.S. How to Write an Initiative? Cal.Const. 48, Init., Pt. If the legislature does not enact the statute, another round of signatures is required equaling 0.5 % of votes for governor (M.G.L.A. 32-1401; 32-1405; 32-628; 32-1403). Reports of contributions and expenditures of $500 or more must be made within two days between the 25th day of the month before an election and the day of the election. If more than 105% are deemed valid, the petition is deemed valid. Contributions in excess of $3,000 that are received after filing the pre-election report must be reported within 24 hours of receipt. Art. Art. 5, 1; A.C.A. Verification: The secretary of state has 35 days to verify. In 2002, NCSL published Initiative and Referendum in the 21st Century, an in-depth study on initiatives and referenda that includes recommendations for policymakers. Art. 1). 12, 2; M.C.L.A. Nine states require filing an initial number of signatures of sponsors as part of an application to circulate a popular referendum petition. This bill would (concise description). Art. Law 7-103(c). 11 5). Rejected. 19, 2). In April 1983, a recall vote to remove San Franciscos mayor Dianne Feinstein from office was overwhelmingly defeated. 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. III, 8). Number of signatures required: 6% of the qualified electors at the time of the last general election (IC 34-1805). 19, 2; N.R.S. Number of signatures required: 5% of total votes cast for all candidates for secretary of state at the last general election (Const. A legislature committee also reviews the measure by a deadline (N.R.S. V, 2). Timeline for collecting signatures: 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 (MCA 13-27-301; 13-27-202). The recall allows residents to remove the person in office. 3, 52(e) and Wyo. 3, 2). Signature pages must include description of subject and purpose of petition, a fair and accurate summary or the full text, a statement to which each signer subscribes, spaces for signatures, spaces for signers' county and space for the required affidavit. Code 82013). A new, third level of content, designed specially to meet the advanced needs of the sophisticated scholar. 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. 3, 18), Ballot title and summary: Secretary of state and attorney general (21-A M.R.S.A. 116.060). Art. Alaska: 1956Arizona: 1911Arkansas: 1910California: 1911Colorado: 1912Florida: 1972Idaho: 1912Illinois: 1970Maine: 1908Massachusetts: 1918Michigan: 1908Mississippi: 1914Missouri: 1908Montana: 1904Nebraska: 1912Nevada: 1905North Dakota: 1914Ohio: 1912Oklahoma: 1907Oregon: 1902South Dakota: 1898Utah: 1900Washington 1912Wyoming: 1968. Must have full text of the measure and names and addresses of the sponsors (NDCC Const. Const. Art. III, 3 and NRS 32-1407). 7-9-111. Verification: Random sampling (MCA 13-27-303). art. Verification: Secretary of the commonwealth is directed to establish "regulations designed to achieve and maintain accuracy, uniformity, and security" (MGL ch. Code 84200). If such activity occurs within 30 days of an election, a statement must be filed within 48 hours. The title of the bill being referred is included on the petition, and a simple statement of the gist of the measure is printed at the top of the petition (authorship is not specified). 4, 1, Pt. Art. Timeline for taking effect: Upon proclamation by the governor which shall be made within ten days after the official canvass of such votes (Const. Art. IV, 1b). In the indirect initiative process, a proposed initiative is referred to the legislature after proponents have gathered the required number of signatures. Art. 168.22e; 168.476; 168.477; 168.480). The Referendum is where the state legislators can deal with a problem by putting it on the ballot and letting the people vote it. Can only be changed by a vote of the people, Two-thirds vote (or majority after seven years), Two-thirds vote (or majority after two years), Select a State with Citizen Initiatives to Learn More, Petition Review, Creation and Public Notice, Petition Review, Creation, and Public Notice, >Petition Review, Creation and Public Notice, States with citizen initiatives (24): Alaska, Arizona, Arkansas, California, Colorado, Florida, Idaho, Illinois, Maine, Massachusetts, Michigan, Missouri, Mississippi, Montana, Nebraska, Nevada, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, Utah, Washington, Wyoming. Ballot title and summary: Attorney general drafts ballot title and prepares a statement to be printed in italics immediately preceding the ballot title on the official ballot. Art. Verification: A random sample of 5% of the signatures is verified by county recorders (ARS 19-121.01(B)). Const. 48, Pt. Timeline for taking effect: Upon approval by the voters (Const. 2, 10). Where to file: Secretary of state (Const. 14, 11. II, 1b). For initiated state statutesorveto referendums, signatures must be gathered from 5% of qualified electors in each of one-third (34) of the state's 100 legislative districts. ucla environmental science graduate program; four elements to the doctrinal space superiority construct; woburn police scanner live. New Mexico: at least 40% (Const. a vote on a measure so submitted. Petition must be filed with county officials not later than 15 days following the primary election. Circulator requirements: Montana resident (MCA 13-27-102). Rev. Art. 53 7. Const. 54, 22A, Missouri: Mo.Rev.Stat. Ballot title and summary: The official title of the bill that is subject to the referendum appears on the ballot. 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. Reports of contributions and expenditures are due quarterly in calendar years without elections. In most states, this must be done on or before the date the petition is submitted for verification and is done by filing a form with election officials. NDCC 16.1-01-12(1)(j), 16.1-08.1-02, 16.1-08-03. Art. Petitions must be submitted within 90 days after the law is filed by the governor in the office of the secretary of state. Art. II, 1g; Art. Allowed to pay another for their signature: Prohibited (A.C.A. 116.320). IV, 1(4)). 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). 116.090). Art. 100.371, 101.161; F.S.A. Stat. 116.100). The sponsor may file a written notice to withdraw the initiative with the secretary of state. Art. 3, 50; V.A.M.S. Tit. Secretary of state, revisor of statutes and attorney general, M.G.L.A. Study with Quizlet and memorize flashcards containing terms like The Boston Tea Party, Whisky Rebellion, and California's Proposition 13 were all popular rebellions that were related to _____., Eliminating tax increases may result in _____., Democracy in the United States derives its powers from _____. 21-A, ch. Political recall efforts in Virginia result in a circuit court trial instead of an. Vote requirement for passage: Majority (Const. Final deadline is not less than 120 days before the next general election. 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. Paid per signature: Prohibited (SDCL 12-13-28). 100.371). Does the law in question take effect before the referendum vote: Operation of the law is suspended when petitions with sufficient signatures to trigger a vote are submitted (Const. V, 3 and OK Stat. Collected in-person: Yes; petition includes language verifying that each person has "personally signed" (RCW 29A.72.130). Where to file: Secretary of state (Const. In some states, the official title of the legislation that is the subject of the referendum appears on the petition. Code Ann. Circulator oaths or affidavit required: Yes (Const. In Arkansas and Maryland, the application is filed with the state election board. . Art. Art. 1953 20A-7-211). 2, 9; M.C.L.A. Then within 15 days the attorney general provides certificate of review. 6; Oklahomans for Modern Alcoholic Beverage Controls, Inc. v. Shelton, Okla., 501 P.2d 1089, 1972). The secretary of state then refers both to the attorney general, who determines the legal sufficiency of the issue, approves the petitioner's ballot statements and determines whether a fiscal note is necessary. Timeline for taking effect: For indirect initiatives, 60 days after the adjournment of the legislative session that passed it. Petition title and summary creation: The statement of purpose and implication, which is prepared by the proponent and approved by the attorney general, is the title for both the petition and ballot. 5, 1; C.R.S.A. 34-1801a, 34-1804, 34-1809, Illinois: ILCS Const. Attorney general then submits petition to the secretary of state which begins the deadline clock (Cal.Elec.Code 336, 9001, 9002, 9004). Who creates petitions: Secretary of state (Neb.Rev.St. 48, Gen. Petitions must be filed not more than 60 days after the final adjournment of the legislative session which passed the bill on which the referendum is demanded. The secretary of state shall vacate the certification of the official ballot title within three days of receiving notice of the withdrawal (Mo.Rev.Stat. VI, Subpt. Arguments for and against are prepared by committees with members appointed first by the secretary of state, the senate's presiding office, and the house's presiding officer. Legislator proposes a law, voters vote on it. Proponent organization and requirements: Lists of circulators and notaries who notarized the petition sections must be filed with the secretary of state. General review of petition: The secretary of state will appoint two, three-person committees, one for and one against the measure. 3519.22). Const. 168.471; 168.472). Rev. Nebraska: The revisor of statutes reviews and recommends revisions with respect to form and draftsmanship. 4; Art. Amount is specified by secretary of state by rule. 5, 1; A.C.A. General review of petition: None other found. Each signature page must contain the subject expressed in the title of the Act to be referred (ORS 250.045). 34, 25). Circulator oaths or affidavits: Official sponsors must sign at least two-thirds of the petitions (DCL 2-1-1.2). No more than one-quarter of signatures may come from a single county. Rev. Art. Considered a committee if individual raises or spends more than $5,000. 3, 51), Timeline for taking effect: When approved by a majority of votes (V.A.M.S. For amendments, 10% of total qualified electors of the state. Where to file with: Secretary of state (MCA 13-27-202). Vote requirement for passage: Majority (Const. 11 3), Collected in-person: No direct statute (F.S.A. Secretary of state submits to Legislative Services Division for review, after which the final text of the measure and ballot statements must be resubmitted to secretary of state. Stat. California. If a petition is declared insufficient but has at least 75% of the required signatures in total and in at least 15 counties, sponsors may have an additional 30 days to gather more signatures. Where to file with: Legislative council and office of legislative legal services first, and then the secretary of state (C.R.S.A. Art. XVI, 4). Art. For example, when a school district wants to issue bonds for building construction, it goes to the voters with an obligatory referendum. Where to file with: Division of Elections (F.S.A. 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. Art. Arizona. The board may certify them, or if it finds they are misleading or confusing, may refuse to certify them. 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. III, 6). 3, 52(b) and Wyo. Three% of votes cast for governor at preceding biennial state election to submit to the legislature. All of the chief petitioners must sign the form to withdraw (ORS 250.029). Art. 3, 18). 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 indirect statute petitions, the legislature has 40 session days to pass or reject the unchanged or unamended measure. 3519.01 and 3519.05(C). Art. If you desire to vote for the retention of the act, mark X in square opposite the words 'FOR APPROVAL OF THE ACT.' Art. II, 1g; Art. Then the clerks verify the signatures; with a random sample of at least 500 or 5 % of the petition district's signatures. 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. Sample petition prepared by secretary of state must include the text of the measure, a statement of purpose and implication, and yes-no statements, as prepared by the petitioner (MCA 13-27-202 and -205). Art. Which election is a measure on: The next general election after signature petitions filed, a legislative session has convened and adjourned, and 120 days after the legislative session adjournment (W.S.1977 22-24-319). 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. Code 9001, $2,000; refunded if measure qualifies for the ballot within two years. 905-A; M.R.S.A. Vote requirement for passage: Majority (AS 15.45.220). Legislature may repeal statute with majority vote (Const. Which election is a measure on: The next regular or general election occurring subsequent to the 125 days after filing signatures (OH Const. 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. General review of petition: Proponents may alter the measure in small ways after legislature reviews it. 4, Pt. Subject restrictions: 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 (OH Const. 11 5). Next general election at least four months after filing the signatures. 4, 5). 5, 11; MACo v. The State of Montana, MT 267, 2017). Subject Matter Excluded From Popular Referendum, Dedications of revenue, appropriations, local or special legislation or laws necessary for the immediate preservation of the public peace, health or safety, Laws immediately necessary for the preservation of the public peace, health or safety, or for the support and maintenance of the departments of the state government and state institutions, Urgency statutes, statutes calling elections or statutes providing for tax levies or appropriations for current expenses of the state, Laws necessary for the immediate preservation of the public peace, health or safety, and appropriations for the support and maintenance of the departments of state and state institutions, Laws making any appropriation for maintaining the state government or for maintaining or aiding any public institution, not exceeding the next previous appropriation for the same purpose, Const. Registration is made on a form prescribed by the secretary of state and includes the ballot question or title of the measure for which the organizer will receive compensation, contact information, the name and signature of a designated agent and a list of the names of all people hired to circulate petitions and the manner in which they are compensated (21-A MRS 903-C). 19, 3; Art. Const. Where to file with: Attorney general and secretary of the commonwealth once approved (M.G.L.A. 293.250). Art. XVII, 1; Art. If politicians are ignoring citizens' concerns, they can pass the law themselves 2. Majority to pass: Yes (Ark. 22-24-411). 2, 9; Const. 14, 3, 10 ILCS 5/28-2, Massachusetts: M.G.L.A. 168.471 and M.C.L.A. It is referred to the attorney general for approval (Mo.Rev.Stat. 12, 2). 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. Attorney general writes title and summary if original is challenged in court (F.S.A. General guidance as to format and contents can be found at NRS 32-1402. Art. A referendum is defined as a general vote by a specific electorate over a specific political question. Wyoming: Const. Vote requirement for passage: Majority and not less than 35% of the total vote cast at the election (Const. 19, 3; N.R.S. IV, 1). 7-9-108). Const. Petition bears the title of the bill it seeks to repeal, and the secretary of state drafts the ballot title that appears on the petition. Amend. Submission deadline of signatures: For indirect measures, at least 10 days before the regular session that is the session that was 10 months out when the proposed measure was submitted. Art. XVI, 3(d)). 3501.38). Utah: For indirect initiatives, the legislature may make technical changes only, and prepare a legislative review note and a legislative fiscal note on the law proposed by the initiative petition. Circulator requirements: Registered voter (RCW 29A.72.120 and .130). Art. Art. Art. Art. 250.045). Next succeeding election at which the question may be voted upon by the voters of the entire state. They are an effort to ensure that petition signers do not represent just the interests of heavily populated areas. Prepared by sponsor, approved by secretary of state. Law 6-205(d)). For constitutional amendments, 8 % of the total votes cast for all candidates for governor in the last general election (OR CONST Art. 101.161). Petition sponsors, approved or rewritten by attorney general, Petition sponsors, with approval by secretary of state, Drafted by secretary of state and approved by attorney general, Petition sponsors, approved by attorney general. Must also meet conditional certification (W.S.1977 22-24-304; 22-24-308). Art. The use of the initiative and referendum (I&R) process has ebbed and flowed throughout U.S. history. 3, 4; Art. 5, 1). Depending on the legislature's action, the proponents may continue to pursue placement on the ballot for a popular vote. 48), South Dakota (Const. 22-24-402). Art. The public may protest as to the constitutionality of the measure. 14, 3 and see Coalition for Political Honesty v. State Board of Elections (1976). 168.482). III, 52(a) and Mo.Rev.Stat. 116.030). IV, 1(3)). Montana, Nebraska and New Mexico have two signature thresholds: The first is sufficient to trigger a referendum vote, and the second, higher amount triggers a referendum vote and also suspends operation of the law in question until the election. There is another kind of referendum, called the plebiscite (from a Latin term meaning decree of the people), whereby questions or issues are submitted to the vote of the people. Code 9607). Ballot title and summary: Full text is included if not too long. V, 1(4)(a)). Art. However, the bans in North Dakota and Oregon were upheld by federal circuit courts. 14, 3), Who can sign the petition: Registered Illinois voters (ILCS Const. Art. 14, 3), Which election is a measure on: General election (ILCS Const. Art. 4, Pt. And within 30 days of the close of the first complete fiscal year after the effective date of an initiated measure approved by the voters, the agencies, institutions, or departments that provided the estimates of the fiscal impact of the measure to the legislative management under this section shall submit a report to the legislative council on the actual fiscal impact (NDCC Const. Art. Repeal or change restrictions: Two-thirds vote required to amend or repeal within seven years of effective date (Const. And, in some states, the review is purely technical; the proposal is reviewed to ensure it meets the legal requirements for format and style and adheres to drafting conventions. 3, 52(c) and Wyo. If the petition is insufficient, the sponsors have 10 extra days to collect more signatures. NDCC Const. 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). Const. Proponent financial disclosure requirements: Must file a statement of organization as a political committee within two weeks of organizing or within two weeks of the date the first contribution or expenditure is expected (RCW 42.17A.205). Withdrawal of petition: Anytime more than 70 days before the election, a majority of the committee members may withdraw the petition by writing to the secretary of state (O.R.C. 15, 273). Geographic distribution: Not more than half may be residents of Baltimore City or of one county (Const. 1953 20A-7-702; 20A-7-204.1; 20A-7-701-706, Washington: RCWA 29A.32.010; 29A.32.031; 29A.32.040; 29A.32.070; 29A.32.080, Arkansas (Arkansas Const. Art. XLVII, Pt. Seven states specify a process for withdrawing a popular referendum petition from circulation; the remaining states do not. 16.061). 7-9-114). The official title of the bill that is subject to the referendum appears on the ballot. Also, instead of being based on the date of the election, deadlines for filing popular referendum petitions are generally based either on the day the legislature adjourns or on the date the bill that is the subject of the referendum was signed by the governor. 116.030). 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. No. Timeline for collecting signatures: Signatures are valid for two years, but a petition can circulate indefinitely (F.S.A. Withdrawal of petition: Chief petitioners may withdraw at any time before submitting the signatures for verification. II, 9). 116.080). Const. Const. Cure period for insufficient signatures: If petition is insufficient, sponsors have 30 days to solicit and obtain additional signatures, submit proof to show that rejected signatures are valid, or make the petition more definite and certain (NMSA 1-17-12). Rev. 1953 20A-7-203). Conflicting measures: Voters may choose one or reject both. II, 1(d) and RCW 29A.72.030). III, 2). Proponent organization and requirements: The sponsors must delegate a committee of three to five people to represent them, and must file if any signature gatherers will be paid (O.R.C. General review of petition: The revisor of statutes reviews and recommends revisions with respect to form and draftsmanship. After chance for comment by all legislators, the legislative council prepares an impartial analysis with description, background information and likely effects (A.R.S. Fifteen% of total ballots cast in previous general election. II, 9(c)). Application process information: Requires 25 or more must signatures as a sponsoring committee and present the complete measure to the secretary of state for approval, one of whom which must be designated as chairman of the sponsoring committee. Proponent organization and requirements: Application must contain the names and addresses of at least five sponsors, certification that each sponsor is a registered voter in Utah and has voted in a regular general election in the last three years, the notarized signature of each sponsor and a copy of the law (Utah Code 20A-7-302). For indirect statutory initiatives, after turning in original 3 % of signatures, proponents must return next batch of signatures (another 3 %) within 90 days of the legislature not enacting or amending a measure. Art. CONST. Art. Idaho: Within 20 days after initial petition filing, attorney general reviews and recommends revisions in an advisory capacity. A criminal records check is conducted (ORS 250.048). Fiscal statements are the most common type of review, giving estimates and analysis on the likely fiscal impact the proposed measure will have on the state. Const. Circulator requirements: Non-Arizona residents and paid-resident circulators must register. Must be submitted by September, then December, and then possibly July (M.G.L.A. Public review or notice: In consultation with the attorney general, the secretary state writes an analysis of the effect of the measures, which will be published in the columns for two weeks prior to the election (NDCC, 16.1-01-07). Number of signatures required: 5% of total votes cast for governor at last election (OK Const. South Dakota: The Legislative Research Council provides written comments to the attorney general (SDCL 12-13-25; 12-13-25.1). Const. Number of signatures required: 4% of the votes cast for the office of governor at the last election (Const. Two official representatives of the proponents must attend all petition review meetings. Payment on a per-signature basis prohibited. 7-9-114). Who creates petitions: Sponsors (IC 34-1805). 116.090). Californians adopted the initiative process on October 10, 1911, becoming the tenth state to adopt this form of direct democracy. For constitutional amendments, 8% of total votes cast for all candidates for governor in last general election. Number of signatures required: For statutory, 5 % of total vote for governor in the last election in each of two-thirds of the state's congressional districts. Circulator oaths or affidavits: Sponsor signs affidavit, and circulators sign oath (RCWA 29A.72.010; 29A.72.120). Art. States have statutes covering conflicting or competing measures, the percent of the vote needed to pass a measure, and repeal or change restrictions. XI, 5). 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). 16-906, 16-926), Petition title and summary creation: Proponents, description not to be more than 200 words (A.R.S. LXXXI, 4). 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. Withdrawal of petition: Proponents may do so any time before measure qualifies for the ballot, 131 days before the general statewide election (Cal.Elec.Code 9033, 9604). In odd-numbered years, year-end reports are required. Art. If any pair do not match, the rest of the signatures on that page must be verified via this comparison (MCA 13-27-303; 13-27-304). Repeal or change restrictions: May repeal or alter a statute at any time.