Application process information: Proponents must submit a statement of the object of the measure and its full text to the secretary of state, along with a sworn list of their addresses and names (Neb. Art. (SDCL 2-1-3). Paid circulators must file an affidavit with secretary of state indicating they are paid before circulating a petition (MCL 168.482a) NOTE: The affidavit requirement has been declared unconstitutional and nonbinding by AG opinion 7310, May 2019. 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. For constitutional amendments, a majority of voters at two consecutive elections (N.R.S. A criminal records check is conducted (ORS 250.048). 116.332). 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). Application process information: No fees or application, Where to file with: Secretary of state (M.C.L.A. Electronic reports of contributions and expenditures must be filed according to a schedule specified in ORS 260.057. A.R.S. II, 1g and ORC 3501.38). Validity determined by the board of elections. Code Ann. Application process information: The sponsor must file a copy of the measure signed by 1,000 electors (and not more than 2,000) with the secretary of state, along with the text of the measure, whether they plan to use paid circulators, and designating three chief petitioners (O.R.S. General review of petition: None other found. III, 4). Art. A year after Los Angeles adopted the device, voters in that city recalled a city councilman. 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. States vary in the way popular referendum questions are posed. 19, 3; N.R.S. What is a RECALL? 5, 1), Other subject restrictions: No other statutes. The same safe and trusted content for explorers of all ages. Art. Collected in-person: Yes (AS 15.45.340(a)). May not repeal/modify the state's Bill of Rights, amend/repeal provisions relating to the state's public employees' retirement system, amend/repeal right-to-work provision or modify the initiative process, and special rules if includes expenditures. Any time before the final submission of signatures, the delegated proponents may write to the secretary of state to withdraw. Art. Payment on a per-signature basis prohibited. This was a highly popular proposal to reduce property taxes in the state by 57 percent. Persons involved in a statewide initiative or referendum process are subject to the provisions of the Nebraska Political Accountability and Disclosure Act. 32-1401; 32-1405; 32-628; 32-1403, Nevada: N.R.S. Therefore, rules restricting the ability to change or repeal measures apply to statutory measures, which are available in 21 states. Disclosure of advertisements is required (ARS 19-925). Proponent financial disclosure requirements: Include but are not limited to considered same as political action committee, quarterly reports, deadlines for filing reports on specific dollar amounts of contributions, information on donors, full disclosure of campaign staffers, no limit on amount of money a contributor may give to political action committee (see 21-A M.R.S.A. Art. For direct initiatives, six months to collect (submit proposed measure within 10 months with deadline to submit four months out from the general election). 1953 20A-7-201). 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). Committee must create a "top funders sheet" that is included as part of the petition (Elec. Director of the Legislative Research Council prepares a fiscal note as requested. 23-17-5). 5, 5). Additional statements for ballot measure committees are due April 30 and Oct. 31 (Govt. 3, 17(3)). Art. Prepared by state auditor, and proponents may submit proposed review. Attorney general prepares abstract to be posted at polling places. Arizona: Const. First 10 signatures must be turned in by the first Wednesday of the September before the assembling of the general court . Committee must create a "top funders sheet" that is included as part of the petition. Art. initiative referendum and recall are examples of quizlet . The popular referendum process allows voters to approve or repeal an act of the legislature. In some states, the legislature or governor may order a special election for a measure. Verification: The secretary of state has 35 days to verify. Reports of State Question Communications are required if aggregate expenses for a communication made at least 15 days before the election equal to exceed $5,000. Art. The chief petitioners must notify the secretary of state that at least one person will be paid, and it will say this on the petitions. II, 9). Collected in-person: Yes (U.C.A. 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. Art. For indirect, statutory initiatives only: The legislature has 40 days to pass the unchanged initiative. Repeal or change restrictions: Legislature may propose alternative measure or initiate the standard process for amending the constitution (MS 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. Petition for Recall. Stat. Art. 15, 273). 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). Const. In 2021, Idaho passed SB 1110, which would have required signatures from 6% of the qualified electors at the time of the last general election in all 35 legislative districts, but in August 2021, the Idaho Supreme Court blocked implementation of that law. The increase in any such appropriation for maintaining or aiding any public institution shall only take effect as in the case of other laws, and such increase or any part thereof specified in the petition, may be referred to a vote of the people upon petition (Const. Art. Const. Art. (IC 34-1803B). Ark. Proponent financial disclosure requirements: Include but are not limited to contribution limits and reports (F.S.A. Proponent financial disclosure requirements: Political committee must file a statement of organization. 72.050 and .060). No statute found; used Term Limits Referendum (Nov. 1996) as a reference. Who can sign the petition: Registered voters (A.C.A. Who creates petitions: Unclear who actually creates the petition, but it must be created according to a form prescribed by the secretary of state (NDCC 16.1-01-09). Petition title and summary creation: Secretary of state, revisor of statutes and attorney general (21-A M.R.S.A. 4, 5), Forty percent in Mississippi (MS Const. Const. 32-1401; 32-1405; 32-628; 32-1403). Referendum, however, is a measure submitted by the government to the people for their approval. Proponent financial disclosure requirements: Must file a statement of organization as a political issues committee no later than seven days after receiving contributions or making expenditures totaling at least $750, and annually by 5 p.m. on January 10 thereafter, unless it has filed a notice of dissolution (Utah Code 20A-11-801). Circulator oaths or affidavits: Yes (O.R.C. 3519.21). IV, 1). Const. Timeline for collecting signatures: Signatures may be signed at any time after an act is passed (Const. The attorney general reviews the ballot title after signed petitions are turned in (34 Okl.St.Ann. 22-24-414). And attorney general reviews legality (MCA 13-27-202; 13-27-312; 13-27-402). Art. 34-1812a, 34-1812b, I.C. Art. Who can sign the petition: Qualified voters (Const. Allowed to pay another for their signature: Prohibited (ORS 260.558). Proponents submit a suggested popular name, to be approved or disapproved by the secretary of state. Vote requirement for passage: Over 50% of those voting in the general election (Const. Conflicting measures: The measure receiving the greatest number of affirmative votes prevails (N.R.S. VI). An optional random sampling process must be provided. Art. 48, Pt. 3519.22. 21-A, ch. 3, 1; SDCL 2-1-6). None specified for title, and summary "prepared by the person authorized by law. The Referendum is where the state legislators can deal with a problem by putting it on the ballot and letting the people vote it. Const. Number of signatures required: Five % of votes cast for governor in last election for stator. Code 103 and 9602). Art. NDCC Const. 3; Const. 8). Art. 113 (Nov. 2020) as a reference. Majority to pass: Majority only, but the election must have at least 50 % voter turnout (OR CONST Art. Study with Quizlet and memorize flashcards containing terms like The initiative, referendum, and recall are examples of a. direct democracy. 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. Who creates petitions: Secretary of state (ORC 3519.05(C)). Const. Statements of contributions and expenditures must be filed on Jan. 10, seven days before political party conventions, seven days before the primary, three days before public hearings, on Sept. 30 and seven days before the general election. 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. One year after the petition is approved by the secretary of state for collection, and deadline of 120 days before the election it is to be voted upon. Art. Law 7-103(c)). Under the optional referendum, a specified number of voters may, by petition, demand a popular vote on a law passed by the legislature (a process similar to the initiative). Application process information: At least five sponsors must apply, each of whom is registered to vote in Utah. If a referendum is filed against an emergency measure, it remains in effect until it is voted on by the people (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. Circulator oaths or affidavit required: No. The use of the initiative and referendum (I&R) process has ebbed and flowed throughout U.S. history. Payment on a per-signature basis prohibited; bonuses based on reliability, longevity and productivity are permitted. 3, 51; V.A.M.S. XVI, 1; O.R.C. Art. ), Payment on a per-signature basis prohibited. Oklahoma: Secretary of state reviews and processes the petition, along with the attorney general and the supreme court. III, 5(1)). II, 1g and ORC 3519.16(F)). 22-24-402. Some states limit the number of sections of code or the constitution that may be altered. St. 32-1405.01; 32-1405.02; 32-1413). Art. III, 5(2)). Who can sign the petition: Registered electors of the state (Const. Art. 3519.08). III, 4), Timeline for taking effect: Ten days (Ne.Rev.St. Const. Full text of the measure must be attached (A.C.A. LXXXI, 4). Code 18680. 14, 3). 22-24-407). Seven states impose explicit limits for how much time must pass before a measure is re-attempted, ranging from 12 months to five years: M.G.L.A. A full copy of the measure must be attached. 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. Who can sign the petition: Registered electors (Const. Petition title and summary creation: Original filing includes a summary written by sponsors; approved by attorney general (ORC 3519.01(B)). 24, 1). Public review or notice: The attorney general submits a draft ballot title and the public may submit written comments regarding it, which the attorney general may use to revise the title. Art. V, 1(3)). IV, 1). 1953, Const. 3, 51; V.A.M.S. The following 11 states use a statistical sampling method to determine if petitions have enough valid signatures: Eleven of the popular referendum states specify a procedure by which a person may withdraw their signature from a petition. Subject restrictions: May not be applied to appropriations of money (Const. 4, Pt. Code 82013). Art. 48, Pt. Who creates petitions: Secretary of state creates a sample petition and then the petition is reviewed by the attorney general (V.A.M.S. As in the case of the initiative and referendum, the recall process gives citizens a chance to practice grassroots democracy by removing elected officials who are disapproved of by a majority of voters. 4, Pt. XLVII , Pt. 4, Pt. Art. II, 1c). Six states (California, Maine, Massachusetts, Nebraska, Ohio and Wyoming) require a certain number of days, ranging from 30 to 180, to pass between the date the petition qualifies and the election. 48, Init., Pt. Names and addresses of sponsors must be listed, and they must sign to verify that they are registered voters (Wyo. 14, 9). These serve as the petition title (MCA 13-27-312). Art. 2 with the secretary of state (34 Okl.St.Ann. Const. Cal.Elec.Code 9014; 9016; Cal.Const. 1(3)). Designated representatives must, within 10 days of filing a completed petition, file a report containing information about paid circulators and any other expenditures made in relation to circulating petitions (CRS 1-40-121). Art. All chief petitioners must sign the form to withdraw (O.R.S. 54 53). Public review or notice: Newspaper publication, and the public has 10 days to file a protest as to the constitutionality of the measure (34 Okl.St.Ann. Where to file: Secretary of state (ARS 19-111). 1(3) and (7)). 168.471 and M.C.L.A. XVI, 4). III, 52(b)). Code 23-17-3; MS Const. Number of signatures required: 5% of the total votes cast for governor at the last election (Const. Application process information: A prospective petition must be filed with the secretary of state. Art. Circulator requirements: Non-Arizona residents and paid-resident circulators must register. Circulator oaths or affidavit required: Yes (Const. If passed by legislature, it is subject to the referendum (M.C.L.A. Const. Art. Prov., Pt. Withdrawal process of individual signature: After the petitions are submitted for signature verification, individual signatures may not be removed (ORS 250.025). Three or more registrars must certify the petitions and follow other rules as per administrative regulations 950 CMR 55 (M.G.L.A. 19-102), Fiscal review: Prepared by joint legislative budget committee staff (A.R.S. Art. Six states do not require fiscal statements: Arkansas, Idaho, Illinois, Michigan, Nebraska and Oklahoma. 1953 20A-7-205). Repeal or change restrictions: Cannot veto, and legislature may not repeal. 3519.05; 3501.38). Art. 12, 2; M.C.L.A. Circulator requirements: Legal voter (RCWA 29A.72.120). III, 3 and 4). Repeal or change restrictions: Can only be changed by a vote of the people. Time period restrictions before placed on the ballot: Submission deadline three months and three weeks prior to election (C.R.S.A. Code 23-17-3), Which election is a measure on: Statewide general election (MS Const. II, 9). II, 1(b)). 1953, Const. Constitution 48, Pt. Number of signatures required: 10% of those who voted in the preceding general election (AS 15.45.370(2)(A)). 1. guarantee government jobs for the unemployed. Art. Code Ann. In the politics of the United States, the process of initiatives and referendums allow citizens of many U.S. states to place new legislation, or to place legislation that has recently been passed by a legislature on a ballot for a popular vote.Initiatives and referendums, along with recall elections and popular primary elections, are signature reforms of the Progressive Era; they are written . Sponsor or group who receives contributions or spends over $500 for the passage or defeat of the referendum must file a statement of organization as a ballot question committee. 1, Part 2). 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. 5, 1). Circulator requirements: US citizen and at least 18 years of age (Wyo. County recorder or justice of the peace. If the legislature enacts the proposal, no further petition takes place and the proposal becomes law. Must include the names, addresses and signatures of at least 25 electors as sponsors and the full text of the measure (Const. 130.110; 130.120; 130.029; 130.046; 130.041). Art. Proponent organization and requirements: Petition sponsors may not gather signatures without first forming a ballot issue committee (Elec. 2, 9). 19, 6). Code 82013, 84101, 84107, 84200, 84200.8, 84202.3 and Elec. Art. The next general election after signature petitions filed, a legislative session has convened and adjourned, and 120 days after the legislative session adjournment. Art. Timeline for collecting signatures: Ninety days from the date marking the beginning circulation, as set by the secretary of state after public posting and chance for protest (34 Okl.St.Ann. Reports of contributions and expenditures are due on a quarterly basis. To do this, petitions have to be signed by a certain portion of the electorate, or voters. Prepared by the office of budget and management and the tax commissioner if involves taxes or expenditures. Who can sign the petition: Qualified voters (Const. 4, Pt. 15, 273). 32-1411. 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. Who can sign the petition: Legal voters of the state of Oklahoma (34 Okl.St.Ann. 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. 4, Pt. For constitutional amendments, 10% of votes cast for governor in last election. Collected in-person: Yes (O.R.C. Rev. Direct democracy Simple English the free. No appropriations or other new revenues not provided for in the measure. Must also provide a notarized list of names of proponents and a statement of organization. Const. 1953 20A-7-207; 20A-7-209; 20A-6-107). Secretary of state may send petition pages to election authorities for verification. Withdrawal process of individual signature: The person must file a sworn statement with the secretary of state any time before the petition is filed (V.A.M.S. (RCW 29A.72.230). Ten% of total votes cast in previous general election with geographic requirement, Ten% of votes cast for all candidates for governor in previous election for statutes; 15% for amendments, Eight% of the total number of legal voters for statutes; 10% for amendments, Five% of votes cast for governor in last election for statutes or ; 8% for amendments, Five% of votes cast for secretary of state in last election, Eight% of total votes cast statewide in last presidential election, Six% of qualified electors at the time of the last general election, Eight% of votes cast for governor in last gubernatorial election, Ten% of total votes cast for governor in last gubernatorial election, M.G.L.A. ", Miss. Art. Art. 168.22e; 168.476; 168.477; 168.480). The legislature may submit a competing measure to the ballot (M.G.L.A. Submission deadline of signatures: No later than three months and three weeks before the election and made by 3 p.m. on the day of filing (C.R.S.A. It is based on the principle that officeholders are agents of the popular will and should, therefore, be constantly subject to its control. Rev. Proponent organization and requirements: Must follow financial statutes and file with Ethics Commission (A.C.A. *While the Colorado residency requirement for circulators was struck down in Independence Institute v. Gessler, the court upheld the requirement that a circulator present to the notary a specific type of identification. Proponents may withdraw a measure at any time before filing the petition. Fifteen% of those residing in at least two-thirds of the counties of the state, as determined by those who voted in the preceding general election in that county. These are all then submitted to the secretary of state (SDCL 12-13-25.1; 12-13-26). 5, 1; A.C.A. Reports of contributions received, and expenditures made must be filed at least seven days before any primary, special or general election (Wyo. Who can sign the petition: Registered voters of the state (Const. Colorado and Florida require a supermajority to pass a constitutional amendment: 55 percent of voters in Colorado (C.R.S.A. Art. Art. Filing must include the description of the effect of the measure, the sponsor's name and signature (NRS 295.015). Circulation may begin once the attorney general has drafted a circulating title and summary; petition must be submitted within 90 days after the enactment date of the statute. Timeline for collecting signatures: Petitions carried by paid circulators must be filed on a monthly basis (ORS 250.105). A statement of organization is required. Art. For direct initiatives, 8% of the number of active voters in the state on Jan. 1 immediately following the last regular general election. II, 1 (b) and RCW 29A. Art. Who can sign the petition: Registered voters (Const. 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. Petitions must be submitted not later than 90 days after the final adjournment of the legislature; if that deadline falls on a Saturday, the office of the secretary of state must be open from 8 a.m. to 5 p.m.. Const. Revised statutes now require that signatures be equally collected among all the petition districts (congressional districts). Canadians, in May 1980, defeated a proposal that would have forced the national government to negotiate sovereignty for the French-speaking province of Quebec. Art. Const. Art. 168.544c). 273; Miss. Which election is a measure on: General election unless the legislature orders a special election (MT CONST Art. 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). III, 4 and NRS 32-1414). In these states, sponsors gather a smaller number of signatures to reach the first stage of qualification and, once enough valid signatures are gathered to meet this threshold, the initiative goes before the state legislature. 54 53). Massachusetts, Ohio and Utah use this sort of process. Four states require measures to pass with a majority of voters, but the measures must also have been voted upon by a certain percentage of the total number of voters who voted in that election. A simplified explanation of the initiative process follows. Art. 3501.38). Const. Same must also be reported quarterly on April 15, July 15, Oct. 15, and Jan. 15 (NRS 294A.220). Thirteen states require a voter pamphlet or booklet, usually mailed to every voter or household: Arizona, Colorado, Idaho, Illinois, Maine, Massachusetts, Mississippi, Montana, Nebraska, Oregon, South Dakota, Utah and Washington. Stat. When people get a lot of signatures to get on the ballot and be voted on by citizens for a change in an old law or for the making of a new law.
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