7-9-114). Number of signatures required: 6% of the total votes cast for the office of governor in the last election (OH Const. Allowable uses of funds by ballot measure committees are specified at Elec. Art. 5% of the whole number of votes cast for governor in the last election. For statutory initiatives, must be submitted to be verified before appearing before the legislature on the second Tuesday in November in even-numbered years, or the next day. XI, 5 and AS 15.45.410). Paid per signature: Yes, and reporting is required (21-A MRS 903-A(5)). 5, 3; 34 Okl.St.Ann. Repeal or change restrictions: No statute. Since the early 1970s, the initiative has increased greatly in popularity. 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. 168.476). (MGL ch. The reform movements of the Progressive Era generally focused on . Const. V, 7). Sponsoring committee must file a statement of renumeration prior to circulating signatures if circulators will be paid. Random sample of at least 500 or 5% of the signatures, whichever is greater. IV, 1). Timeline for taking effect: An act that is rejected is repealed effective the date the result of the canvass is filed by the secretary of state. Art. c. representative democracy. . II, 1b; Art. 116.025). IV, 1). 19, 2). Petition sheets also always include space for signatures. Art. 22-24-414). (Const. Art. If legislature amends, it does not go into effect until the original is rejected by the voters (OH Const. Circulator requirements: Must be 18 years old and an Ohio resident (O.R.C. Art. Vote requirement for passage: Majority (MCA 13-27-504). Allowed to pay another for their signature: Prohibited (O.R.C. II, 1(d)). Const. Who can sign the petition: Legal voters, 18 years old, resident (U.C.A. 1953 20A-7-202). 8). Proponent organization and requirements: Primary sponsors file names with secretary of state, and a principal circulator is listed (Neb. Law 13-202). II, 1g; Art. XVI, 3). Art. 24, 1), Utah (U.C.A. Majority to pass: Majority and at least 35 % of the total votes cast in the entire election (Ne.Rev.St. 250.036; OR CONST Art. Application process information: Proponents prepare ballot statements and file them (MCA 13-27-202; 13-27-312). 19-121). M.G.L.A. 250.045; 250.067; 250.035; 250.036; 250.075). Art. 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. 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. Art. 8). Does the law in question take effect before the referendum vote: Does not go into effect unless approved by voters (Const. Code 103 and 9602). Proponent organization and requirements: Each proponent must certify that s/he is a US citizen, at least 18 years old, and a resident of California, and must provide public contact information (Const. 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. 3, 3; NRS 32-1402 and -1403, Nevada: Const. 8). Types allowed: Indirect initiative for statutes, direct initiative for constitutional amendments and popular referendum. 7-9-107). Verification: A random sample of 5% of the signatures is verified by county recorders (ARS 19-121.01(B)). ), Payment on a per-signature basis prohibited. States such as Alaska (AS 15.45.150); Idaho (I.C. Timeline for taking effect: Effective upon the governor's proclamation of the vote (Const. XVI, 5(b)). Proponents submit descriptive ballot title reviewed by attorney general. Art. Proponents of an initiative, referendum, or recall effort must apply for an official petition serial number from the Town Clerk. 74. Proponent organization and requirements: Proponents and opponents register with board of elections (10 ILCS 5/28-9). 250.045). 15, Sec. 24). 7-9-111). States vary in how they verify the collected signatures. Art. 2; 21 Okl.St.Ann. LXXXI, 4). 3, 1; Art. 1953 20A-7-213). 12, 2). In all states, a qualified popular referendum may be placed on the ballot in a statewide general election. 3599.03, Oklahoma: 34 Okl.St.Ann. 8). 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 acts passage, and the time for filing the additional required signatures is extended another 30 days. 1953 20A-7-202.5). Const. III, 3 and MGL ch. Attorney general aids summary. Cannot in the last five years have been convicted of a crime involving fraud, forgery or identification theft or subject to a civil penalty due to an election offense. 5, 6; 34 Okl.St.Ann. Form of petition specified (M.C.L.A. Art. If legislature amends, it does not go into effect until the original is rejected by the voters. Circulator oaths or affidavits: Yes (V.A.M.S. Seven years (or two-thirds vote prior to seven years), Two years (or two-thirds vote prior to two years). If the legislature does not enact the statute, another round of signatures is required equaling 0.5% of votes for governor. Who creates petitions: Sponsors (CRS 1-40-105). Petitions must be submitted by midnight within 90 days of the date the legislation was signed by the governor and filed with the secretary of state. Legislature reviews the measure as submitted to it by the proponents. Who can sign the petition: Any qualified voter (AS 15.45.350). A recall allows people to remove public officials from office, while referendum voting and initiatives allow citizens to propose, approve, or veto specific legislation. Popular Referendum Overview. Art. XVI, 2). Withdrawal of petition: May be withdrawn no later than 120 days before the next general election if no less than two-thirds of the petition sponsors file such a request in writing with the secretary of state (SDCL 2-1-2.3). The Law of Direct Democracy Carolina Academic Press. A voter desiring to vote in favor of the law that is the subject of the referendum shall mark the square adjacent to the word "For" (Utah Code 20A-7-309). 168.482; 168.544c). III 5). 4, Pt. Allowed to pay another for their signature: Prohibited (Elec. Laws 168.471. Art. Who can sign the petition: Electors of the state (OH Const. Art. 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). Amend. Ohio: Reviewed by attorney general and Ohio ballot board, which also writes pro or con statements if not supplied. This wording must be used: Shall a law (here insert description, and state, in distinctive type, whether approved or disapproved by the general court and by what vote thereon) be approved?, No statute found; see Michigan Manual 2009-2010, p. IX-2. 4, 5). Const. Art. Types allowed: Indirect initiative for statutes, direct initiative for constitutional amendments, and popular referendum, Single subject rule: Yes (O.R.C. May amend the initiative with three-fourths vote, but may only amend to further the purpose of the measure. St. 32-1405). Circulator requirements: Any Maine resident who is a registered voter (21-A MRS 903-A). M.C.L.A. VI, Subpt. Ninety days from the date marking the beginning circulation for collection, as set by the secretary of state after public posting and chance for protest, and a deadline of 90 days from the official set date from the secretary of state. No registered sex offender may circulate a petition unless the person is in the employ of and under the immediate supervision of another person and under circumstances which preclude any contact with children. 2, 10; N.R.S. Cure period for insufficient signatures: There is a 15-day cure period after a statement of insufficiency is issued by the secretary of state, and proponents may deliver additional signatures during this time (CRS 1-40-117). Const. 2, 3; M.G.L.A. Paid per signature: Prohibited (SDCL 12-13-28). 3519.04). Attorney general prepares abstract to be posted at polling places (A.C.A. Art. For indirect statutory initiatives, roughly 11 months and two weeks (N.R.S. V, 3 and 34 OS 1, 4 and 8). Subject restrictions: Cannot be used on urgency statutes, statutes calling elections or statutes providing for tax levies or appropriations for current expenses of the state (Const. Art. Petition title and summary creation: Written by sponsors, approved by attorney general (Const. Either way, the measure is put before the people (MS Const. Number of signatures required: 5% of the votes cast for governor at the preceding election (Const. Art. Does the law in question take effect before the referendum vote: Suspended upon filing of petition signatures (Const. 100.371, 101.161; F.S.A. 3519.22. From each of at least 26 Utah state Senate districts, legal signatures equal to 4% for indirect or 8% for direct initiatives of the number of active voters in that district on Jan. 1 immediately following the last regular general election. What is on each petition: Must follow prescribed form and include the full text of the measure, a legal warning, an affidavit, the maximum number of signatures, paper and font, spacing, and if the circulator is paid (Neb.Rev.St. Referendum is the power to reject or overturn legislative actions taken by the Council. Art. Const. 1953 20A-7-212). 5, 1 and ACA 7-9-107). Art. Who can sign the petition: Qualified voters (M.G.L.A. III, 52(a)). 1953 20A-7-212). Many cities and about one fourth of the states have incorporated it into their charters or constitutions. Democracy Definition Examples Cases Processes. Petition title and summary creation: The title of the act subject to the petition appears on the petition (Utah Code 20A-7-303). V, 2). A criminal records check is completed. Every state includes requirements for the circulators operating in the state. Some states offer no assistance or advice to initiative proponents on the draft of their proposed law. To re-enable the tools or to convert back to English, click "view original" on the Google Translate toolbar. 53 7. Const. Art. The statement may not be submitted electronically (Utah Code 20A-7-305). Proponent organization and requirements: No later than thirty (30) days after a proposed bill is submitted for certification, the committee of applicants the names of 100 registered voters who will act as sponsors. A statement of organization is required (Govt. General review of petition: The revisor of statutes reviews and recommends revisions with respect to form and draftsmanship. II, 1(b)). Majority to pass: A majority of votes cast on the measure and not less than 40 % of total votes cast at the election. 32-1405.01). Twenty-four states have the initiative process ( list ). L-04, 2011 WL 1130010 (July 5, 2011). Geographic entities based on U.S. House districts, which are required to be highly equal in population, have been ruled to be constitutional (for example, see Nevada). General election, and signatures must be verified no later than Feb. 1 of the year of the general election. Reports of contributions and expenditures are due quarterly in calendar years without elections. IV, pt. Proponent organization and requirements: A committee of three applicants must be designated to represent the sponsors in all matters pertaining to the petition. Initiative is a legislative proposal that originates with the people. Verification: Each signature is physically counted. If statute petition is passed by the legislature, then it is subject to the referendum. II, 9(b) and Elec. 5, 6; 34 Okl.St.Ann. Timeline for taking effect: Effective 90 days after certification (Const. Geographic distribution: Signers must be from at least three-fourths of the states house districts, and signatures in each house district must equal at least 7% of those who voted in the preceding general election in the house district (AS 15.45.350(2)). 19-111), Where to file with: Secretary of states office (A.R.S. Who creates petitions: Sponsors (34 OS 1). Timeline for collecting signatures: Petitions carried by paid circulators must be filed on a monthly basis (ORS 250.105). Where to file with: Secretary of state (NDCC Const. IV, 1). Circulator oaths or affidavits: Yes (Ark. Reports of contributions and expenditures are due on the 12th day before an election, the 38th day after an election and the last business day of January and July of every year. To schedule an appointment to file an Application for a Serial Number, please contact our office at ballotmeasure@azsos.gov. They must also designate a committee of five to represent the proponents (O.R.C. Where to file: Secretary of state (ARS 19-111). If includes expenditures, must also include sufficient increased revenue sources that cannot come from general fund. Florida: Attorney general can request advisory opinion on the constitutionality of a measure from the state supreme court. 2, 9; M.C.L.A. 21 1 and CV160314-SA), Other subject restrictions: If includes expenditures, must also include sufficient increased revenue sources that cannot come from general fund (A.R.S. The word, 'referendum' is often used for both legislative referrals and initiatives. Collected in-person: Yes (N.R.S. Const. Art. Stat. 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. It is based on the principle that officeholders are agents of the popular will and should, therefore, be constantly subject to its control. Art. 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. Initiative, Referendum and Recall are three powers reserved to the voters to enable them, by petition, to propose or repeal legislation or to remove an elected official from office.. Pursuant to state law (A.R.S. Submission deadline of signatures: Have 120 days before election for amendments, and 160 days before election and not less than 10 days before legislative session for statutes (M.C.L.A. 295.009. Verification: Lieutenant governor verifies the total number of signatures and qualification of the signers, and that there are sufficient signers who are resident in three-fourths of the house districts (AS 15.45.160). Where to file with: Lieutenant governor (U.C.A. Wording of Ballot Question and Effect of Yes Vote, No statute found; used Referred Act 1 (Nov. 1994) as a reference. These guidelines may include an application process, registering a certain number of sponsors, submitting the full text and an explanation of the measure, affidavits, the office or offices to file with, registering a proponent or opposition organization, campaign finance issues and the process for withdrawing a referendum. Art. 3; 8). 5, 7). Prepared by the Office of Fiscal and Program Review. 19, 2), Who can sign the petition: Registered voters (N.R.S. Art. Attorney general after receiving written comments from Legislative Research Council, U.C.A. Submission deadline for signatures: Within 90 days of the adjournment of the legislature which passed the law (SDCL 2-1-3.1). II, 1g; O.R.C. Who creates petitions: The secretary of state creates the form and the petitions at the expense of the sponsors (W.S.1977 22-24-310; 22-24-311). The secretary of state consults with the legislative counsel for any technical suggestions, which will be posted to the secretary's website. Withdrawal process of individual signature: May not remove after official submission of petitions (O.R.S. 3519.01). Allowed to pay another for their signature: Prohibited (ORS 260.558). There is a filing fee of $2,000, which is refunded if the measure qualifies for the ballot within two years (Const. 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.". Every state requires or offers some type of review in addition to fiscal statements. 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. V, 1), Collected in-person: Yes (A.C.A. Const. 4, Pt. III, 3) and at least 18 years of age (NDCC 16.1-01-09(4)). Legislature or other government official review: Nonpartisan staff of general assembly prepare summary, analysis and fiscal review (C.R.S.A. The initiative process allows citizens to propose a new statute or constitutional amendment. Time period restrictions before placed on the ballot: No additional other than deadlines, Majority to pass: Yes (MT CONST Art. 1-40-104, 1-40-105, 1-40-111, 1-40-135). The official title of the bill that is subject to the referendum appears on the ballot. 5, 2; Constitution 48, Init., Pt. 1(9) and A.R.S. Two years for collection, and deadline of four months prior to the general election. Which election: At the next ensuing election held throughout the state for members of the U.S. House of Representatives (Const. Reports of contributions received, and expenditures made must be filed at least seven days before any primary, special or general election (Wyo. Rule 2.79; Oklahoma Ethics Commission's Guide for Political Action Committees). 22-24-306 (W.S.1977 22-24-314). 250.137; 250.139; 250.125; 250.067; 250.127). Which election is a measure on: A referred measure may be voted upon at a statewide election or at a special election called by the governor (NDCC Const. Majority to pass: Yes, except in the case of authorizing gambling or lottery, which requires 60 % to pass (RCWA Const. 21 1; A.R.S. This is because legislators are more likely to introduce certain reforms and measures if the initiative mechanism exists, because it is likely that if they do not, an initiative on the issue will be launched. 23-17-7; 23-17-9; 23-17-15, Proponents, approved or rewritten by attorney general, Proponent, with possibility of being amended by statute, Secretary of state and approved by the attorney general. Arkansas. 1(3)). May remove no later than 120 days prior to the next general election. e. laws enacted by the federal government., When Californians themselves originate and pass laws, the process they use is called the a. indirect . The state must essentially pick a point in time at which to capture a snapshot of the total number of registered voters. Allowed to pay another for their signature: Prohibited (Miss. 54, 22A). 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). 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. What is on each petition: Petition is addressed to the secretary of state and must contain for each petitioner a declaration that he is a qualified elector, address and date of signature. Secretary of state, revisor of statutes and attorney general, M.G.L.A. Where to file: Secretary of state (MCL 168.471). Code 23-17-37), Thirty-five percent in Nebraska (Ne.Rev.St. Circulator requirements: At least 18 years old and a qualified elector (34 Okl.St.Ann. Where to file: Secretary of state (SDCL 2-1-3.1). Paid per signature: Circulators may be paid but not by the signature. The secretary assigns an official serial number to the petition and assigns numbers to petitions in numerical sequence (ARS 19-111). Which election: Next statewide election, unless a special election is called by the legislature of the governor for the express purpose of considering a referendum (Const. Art. Const. Governor may call a special statewide election for the measure. Amend. A post-election report is due by Jan. 7. Collected in-person: Yes (C.R.S.A. Proponent financial disclosure requirements: There is a principal circulator whose information is publicly available upon request (NRS 32-1406). Art. 3, 18). 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. The legislature has four months to pass the bill in amended or unchanged form. Art. Const. Withdrawal process of individual signature: None, "An elector's name may not be removed by the elector from a petition that has been submitted to and received by the secretary of state" (NDCC 16.1-01-09(5)). Proponent financial disclosure requirements: Political committee must file a statement of organization. IV, 1(4)). General election, and filed at least six months before the election with the secretary of state. 7-9-103). XVI, 5(b) and Elec. Collected in-person: Yes, "In their own proper persons only " (Const. 4, 2; Constitution 48, Init., Pt. Public review or notice: None other found.. Circulator requirements: 18 years-old and US citizen and sworn oath by an official sponsor of the initiative as to the identities of the proposed circulators (W.S.1977 22-24-306). 168.473b). Art. Circulators may not receive payment greater than $1 per signature. Who creates petitions: Secretary of state prepares an official template for the cover sheet and signature sheets for each petition (ORS 250.052). OH Const. Proponents of an initiative, referendum, or recall effort must apply for an official petition serial number from the Town Clerk. No statute found; used Prop. 48, Init., Pt. 11 3). III, 4 and NRS 32-1414). Law 7-103(c). 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. Repeat measures: May only be attempted once every three years (Ne.Rev.St. 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. Vote requirement for passage: Majority (Const. Art. What is on each petition: Petition contains bill number, title of the act, signers statement and warning to signers and circulator verification (Utah Code 20A-7-303). 4, 3; Constitution 48, Init., Pt. 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). Types allowed: Direct and indirect initiatives for statutes, and popular referendum, Single subject rule: Yes (U.C.A. C.R.S.A. A top funders sheet created by sponsors is attached to the petition (Elec. 5, 1), Single subject rule: Yes (Cal.Const. 19, 3; N.R.S. Art. 3, 52). Code 18680. Q. 3519.01). Collected in-person: Yes (A.R.S. 905 and 1 M.R.S.A. CONST. Rponses possible : a. II, 1g). Legislature or other government official review: Attorney general prepares explanatory statements. Collected in-person: Yes (U.C.A. 295.055). Const. No more than one-quarter of signatures may come from a single county. Does the law in question take effect before the referendum vote: Not specified. Allowed to pay another for their signature: Prohibited (U.C.A. 273; Miss. Stat. Public review or notice: Public may comment on public and internet posting of measure by attorney general for 30 days and then proponents may amend the measure (Cal.Elec.Code 9002). 1953 20A-7-201). Any person who pays or receives compensation to circulate a referendum petition must file a statement to that effect with the secretary of state before circulation begins. Const. Circulator oaths or affidavit required: Yes (ORS 250.045(10)). Const. (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). 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. V, 3 and OK Stat. Withdrawal of petition: None, the withdrawal process specified in statute applies only to initiative petitions (CRS 1-40-134). 3, 18). Maine: Secretary of state, along with revisor of statutes, may reject petition application if it does not conform to drafting conventions for statutes. Legislature or other government official review: Legislature reviews the indirect statutory initiatives. Who can sign the petition: Registered voters of the state (ACA 7-9-103). This was held to be constitutional. Out-of-state committees that make expenditures supporting or opposing ballot propositions in Washington are required to file reports. Which election is a measure on: Biennial regular general election (C.R.S.A.
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