VI, Subpt. Stat. Petitions must be submitted not more than 90 days after the final adjournment of the session of the general assembly that passed the bill on which the referendum is demanded. XVI, 3). Application process information: Proponents prepare ballot statements and file them (MCA 13-27-202; 13-27-312). Allowed to pay another for their signature: Prohibited (NRS 32-630 and -1404). Art. Amend. Does the law in question take effect before the referendum vote: An act referred to the people is in effect until suspended by petitions signed by at least 15% of the qualified electors in a majority of the legislative representative districts. Some of the states also require signatures to be gathered from across the state, although some of these requirements have been found to be unconstitutional. Code 23-17-37), Thirty-five percent in Nebraska (Ne.Rev.St. From three-fourths of house districts of the state with signatures from each district equaling at least 7% of the total votes from preceding general election. Timeline for taking effect: When approved (Const. III, 3 and NDCC 16.1-01-09(3)). And no signature "collected prior to a November general election at which a governor is elected shall not be filed after the date of that November general election" (M.C.L.A. Majority to pass: Majority only, but the election must have at least 50 % voter turnout (OR CONST Art. Evaluations done by lieutenant governor and Office of Legislative Research and General Counsel (U.C.A. Art. 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). Repeal or change restrictions: None (Const. Art. 4, 1, Pt. Withdrawal process of individual signature: By crossing out his or her own signature at any time prior to the time when the petition is presented to the county clerk for signature verification, or at any time after presentation of the petition to the county clerk but prior to verification of the signature, by presenting in writing or submitting electronically to the county clerk a signed statement that the signer desires to have his name removed from the petition. III, 3). If neither receives majority, the one receiving the most votes, if it receives more than one-third of the votes given for or against both, will appear at the next statewide election to be held not less than 60 days after the vote (M.R.S.A. Const. 1953 20A-7-202). III, 8). Withdrawal of petition: Chief petitioners may withdraw at any time before submitting the signatures for verification. Art. Art. 3, 18), Ballot title and summary: Secretary of state and attorney general (21-A M.R.S.A. IV, pt. [2] Three initiatives were on the California ballot the next year, in 1912, when measures 6, 7 and 8 -- to consolidate local governments, prohibit bookmaking, and set procedures for local taxation -- were all defeated. Art. Where to file with: Secretary of states office and attorney general (AR Const. Rev. . Ten states have at least one government official draft or review the petition title and/or summary. Code 9031). Five states impose an additional threshold. Circulator oaths or affidavit required: Yes (Const. II, 9). 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. Prepared by the office of budget and management and the tax commissioner if involves taxes or expenditures. Legislature reviews the indirect statutory initiatives. A statement of organization is required (Govt. 187; Okl.St.Ann. XI, 2 and AS 15.45.260). Timeline for collecting signatures: 18 months (W.S.1977 22-24-315). M.C.L.A. To re-enable the tools or to convert back to English, click "view original" on the Google Translate toolbar. 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. Verification: Direct initiatives are turned into the county clerk of the county in which the initiative packet was circulate. Art. 3, 51; V.A.M.S. Art. Art. Constitution 48, Init., Pt. 3519.01). Attorney general after receiving written comments from Legislative Research Council, U.C.A. 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. Const. 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. 5, 1). When formed as a ballot question committee, it must file campaign statements and other forms with the Nebraska Accountability and Disclosure Commission, all on a set timeline (NRS 49-1401). 101.161). Circulator requirements: Must be 18 or older, registered with the secretary of state, and cannot have been convicted or pled guilty to forgery crimes (V.A.M.S. This database contains information on state processes, including subject matter, petitions, circulator requirements, signature requirements and more. 22-24-402). Art. 295.015). 295.056). Full text of the measure must be attached (A.C.A. 901), Where to file with: Secretary of state (M.R.S.A. Most states only allow an individual to withdraw a signature before the official filing of the petitions. 23-17-29), Missouri (V.A.M.S. Recall. Const. Art. Art. For amendments, 10% of total votes cast for governor. 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. All chief petitioners must sign the form to withdraw (O.R.S. Art. Art. Who creates petitions: Petitioners, approved by secretary of state and attorney general (I.C. General review of petition: None other found. The Law of Direct Democracy Carolina Academic Press. Const. Who can sign the petition: Qualified registered voters (Wyo. 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. 15, 273; Miss. Withdrawal process of individual signature: By giving written notice to the lieutenant governor before the date the petition is filed (AS 15.45.350). (RCW 29A.72.230). Allowed to pay another for their signature: Prohibited (W.S.1977 22-24-323). 19, 2). The initiative process allows citizens to propose a new statute or constitutional amendment. Art. 22-24-401, Laws related to dedications of revenue, appropriations, local or special legislation or laws necessary for the immediate preservation of the public peace, health or safety. A yes vote approves the referred act, and a no vote rejects it. 3, 1; Constitution 48, Init., Pt. Fifteen% of total ballots cast in previous general election. 5, 5). III, 4 and NRS 32-1414). Normal constitutional amendment requirements are needed to overturn an amendment (M.G.L.A. Rev. Art. 19, 1). 3, 4; Art. Law 6-202). Illinois: For accuracy and fairness, the attorney general may rewrite arguments for or against prepared by legislature. 19, 1 and NRS 293.12757). Art. 295.056. VI, 1 and Utah Code 20A-7-301(2)). 2, 3), Michigan (M.C.L.A. For constitutional amendments, 10% of votes cast for governor in last election. Art. II, 1g; Art. III, 4). 53 7). Petition title and summary creation: Proponent with attorney general approval (A.C.A. Next general election at least four months after filing the signatures. Art. Ten% of votes cast in last general election. Art. N.R.S. Art. Arizona. If passed by legislature, it is subject to the referendum (M.C.L.A. 53 7). Art. Petition title and summary creation: Title board, comprised of secretary of state, attorney general and director of the office of legislative legal services (C.R.S.A. Timeline for collecting signatures: For direct initiatives, six months to collect (submit proposed measure within 10 months with deadline to submit four months out from the general election). If both are approved, the one receiving the greatest number of affirmative votes prevails (34 Okl.St.Ann. VI, 1 and Utah Code 20A-7-102, Laws passed by a two-thirds vote of the members of each house, Const. VI, Subpt. 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. Note that all but two of these statesMaryland and New Mexicoalso have the initiative process. (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). 22-24-412, Within 90 days after the adjournment of the legislative session at which it was passed. Where to file: Attorney general (Elec. II, 1c and 1g; ORC 3519.16(F). Time period restrictions before placed on the ballot: 120 days after the adjournment of the legislative session (W.S.1977 22-24-319). 1-40-113). Twenty-three states have a popular referendum process. Six states do not have a law governing conflicting measures: Florida, Illinois, Montana, Oregon, South Dakota and Wyoming. Art. For constitutional amendments, 8% of total votes cast for all candidates for governor in last general election. 53 7). 34-1804, 34-1809). The obligatory referendum was first adopted by the canton of rural Basel in 1863. 295.055; 295.009, North Dakota: NDCC, 16.1-01-07; 16.1-01-09, Ohio: OH Const. What is on each petition: Must include title and complete text must be attached (MCA 13-27-201). Cannot dedicate revenues, make or repeal appropriations, create courts, define the jurisdiction of courts, prescribe court rules, enact local or special legislation, or enact legislation prohibited y the Wyoming constitution. 1-40-106, 1-40-124.5). 116.153; 116.025). Verification: County officials verify each signature, printed name, date of birth and address with the voter registration records to determine if the signer is a registered voter (NRS 32-1409). 295.055). 5, 1; C.R.S.A. 3, 52). Art. Types allowed: Indirect citizen initiative for statutes and amendments and popular referendum. The states vary in the number and the baseline used to determine the number of signatures required. Timeline for taking effect: Thirty days after the Governor's proclamation of the results (Const. Application process information: A petition requesting a referendum and suspension of the law must be signed by ten qualified voters and filed not more than 30 days after the law that is the subject of the petition has become law (Const. Subject restrictions: May not be applied to appropriations of money (Const. Art. Proponent financial disclosure requirements: Must file a statement of formation as a political action committee within 10 days of formation (Wyo. Const. Art. Timeline for taking effect: The first day of July after the completion of the official canvass (SDCL 2-1-12). Petition title and summary creation: The filer submits a description pursuant to N.R.S. Laws 168.471. Application process information: Application must be filed within 10 business days of the adjournment of the legislature on a form designated by the secretary (21-A MRS 901). 100.371), Geographic distribution: Signatures in each of one-half of the 27 congressional districts of the state (F.S.A. 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). 1-40-111), Withdrawal process of individual signature: Written request prior to submission of signed petitions (C.R.S.A. Submission deadline for signatures: Ninety days after the law is filed by the governor in the office of the secretary of state (Const. Art. If politicians are ignoring citizens' concerns, they can pass the law themselves 2. Fiscal review: Office of Fiscal and Program Review prepares (1 M.R.S.A. Submission deadline for signatures: Within 90 days of the adjournment of the legislature which passed the law (SDCL 2-1-3.1). Constitution 48, Init., Pt. 295.009 with the secretary of state, and it may be amended pursuant to that statute (N.R.S. Who creates petitions: Proponents with advising by attorney general (Cal.Elec.Code 9012), Fiscal review: Prepared by attorney general, department of finance and the legislative analyst office (Cal.Elec.Code 9005; Cal.Gov.Code 12172). Paid per signature: No ban on initiative petitions, but a statement must appear on the petition if circulator is being paid (W.S.1977 22-24-310). 4, 1, Pt. Stat. Public review or notice: At least seven public hearings are held on the propositions before circulation in designated regions. Art. Art. 6), Allowed to pay another for their signature: Likely prohibition on the use of public funds (26 Okl.St.Ann. Allowed to pay another for their signature: Prohibited (Const. Each state has a unique way of handling the timeline and deadline for signature gathering. If the people are dissatisfied with and want to change the actions of government, or if the government wants to get public approval for a given policy, these three devices are available. 116.030). Collected in-person: Yes (NRS 295.0575). 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. The legislature may submit a competing measure to the ballot (M.G.L.A. 1953 20A-7-213). IV, pt. Art. States have statutes covering conflicting or competing measures, the percent of the vote needed to pass a measure, and repeal or change restrictions. St. 32-1405). 7-9-404; 405; 406; 407; 408; 409, California: Cal.Gov.Code 82013, 84200, 84202.3, 85309, 84511, 84101, Cal.Elec.Code 18680; Form 460, Colorado: C.R.S.A. 48, Init., Pt. A full copy of the measure must be attached. 3, 18, 20. 21 1; A.R.S. An amendment requires at least one-fourth of members support to get onto the ballot. 116.060). Art. Art. Art. 21). Const. 8). 116.030 and .050, Nebraska: Const. 21-A M.R.S.A. Art. And requires full disclosure of campaign staffers (21-A MRSA 1051 et. Does the law in question take effect before the referendum vote: The submission of a petition suspends the operation of any act except emergency measures and appropriation measures for the support and maintenance of state departments and institutions (Const. Which election is a measure on: Next general election or a special election if ordered by the legislature (RCWA Const. 48, Init., Pt. The committees select a chair and may prepare arguments and rebuttals, which will be reviewed by the secretary of state for the ballot. 2, 9). Must include the names, addresses and signatures of at least 25 electors as sponsors and the full text of the measure (Const. 19-123), General review of petition: Proponents may submit proposed bill to director of the legislative council for review (A.R.S. Code 16.1-01-10). Arkansas: Exact petition copy filed with secretary of state (A.C.A. Const. Legislator proposes a law, voters vote on it. 3, Sec. Art. Const. Alaska: 1959Arizona: 1912Arkansas: 1920California: 1911Colorado: 1910Idaho: Constitutional provision adopted1912, laws specifying mechanics adopted 1933Maine: 1908Maryland: 1915Massachusetts: 1917Michigan: 1908Missouri: 1908Montana: 1906Nebraska: 1912Nevada: 1904New Mexico: 1911North Dakota: 1914Ohio: 1912Oklahoma: 1907Oregon: 1902South Dakota: 1898Utah: 1900Washington 1912Wyoming: 1968, Four states have no restrictions on what sorts of laws can be subjected to the popular referendum: Arkansas, Idaho, Maine and North Dakota. Timeline for taking effect: The date of the governor's proclamation of the election results (IC 34-1813). Const. II, 1b), Types allowed: Direct statutory and constitutional amendment initiatives, and popular referendum, Single subject rule: Yes (OK Const. Circulator requirements: U.S. citizens, 18 years of age or older and a resident of the state as determined by AS 15.05.020 (AS 15.45.335). Repeal or change restrictions: Laws approved by the people under the referendum provision of this section may be amended by the legislature at any subsequent session thereof (Const. Art. Pamphlet contains one-sentence statements describing the effect of a "yes" or "no" vote prepared jointly by the attorney general and the state secretary (M.G.L.A. Then the clerks verify the signatures; with a random sample of at least 500 or 5 % of the petition district's signatures. Const. 5, 1; Amend. Submission deadline of signatures: Ninety days from the official set date from the secretary of state (34 Okl.St.Ann. Const. Where to file: State Board of Election Commissioners (Const. Code Ann. IV, 1). Circulator requirements: Resident,18 years old and paid circulators must wear badges (U.C.A. Proponents write title (M.G.L.A. Then If the petitions are approved and the signatures are valid, the proposal can be voted on. Who can sign the petition: Registered voters (A.C.A. Sponsor, approved by secretary of state, reviewed by attorney general, 10 ILCS 5/28-5; 10 ILCS 5/16-6; 5 ILCS 20/2. II, 1(c)). Timeline for taking effect: July 1 after the official canvass (SDCL 2-1-12). 116.320). Govt. 1953 20A-7-207; 20A-7-209; 20A-6-107). Submission deadline of signatures: Signatures must be filed one year prior to the election (SDCL 2-1-1.2). Conflicting measures: Voters may choose one or reject both. IV, 1), Ballot title and summary: Attorney general (O.R.S. 250.045; 250.067; 250.035; 250.036; 250.075). Art. 15, 273), Conflicting measures: Measure with highest number of affirmative votes prevails (MS Const. 3, 52). Art. Must include full text of the measure, a ballot title and a popular name (A.C.A. Where to file: Secretary of the commonwealth (Const. Legislature or other government official review: Legislature reviews the indirect statutory initiatives. Code 84101). V, 3 and OK Stat. 11 5). XVI, 3(b)). Art. 10% of the votes cast in last general election, 10% of the total number of votes cast in the last general election, or 25% to suspend operation of the act until the election, 2% of the residential population according to the last federal decennial census, 6% of the total votes cast for the office of governor in the last election, 5% of votes cast for governor in the last election, 4% of the votes cast for all candidates for governor at the last election, 5% of the total votes cast for governor at the last election, 8% of the active voters in the state on Jan. 1 following the last regular general election, Const. Repeat measures: May only be attempted once every three years (Ne.Rev.St. Proponent financial disclosure requirements: Registration is required prior to making an expenditure for or against a ballot measure; group name must include the title or common name of the measure if the group intends to make more than 50% of its contributions or expenditures toward a single measure (AS 15.13.050). 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. Vote requirement for passage: Majority (Const. Circulator requirements: 18 years old and a resident of South Dakota; 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 with preclude any contact with children (SDCL 12-1-32 through -34). 2, 10), Timeline for taking effect: Day after the election unless otherwise specified (Cal.Const. Art. Tit. ), Payment on a per-signature basis prohibited. 12, 2). The other 19 states limit the subject matter of laws that the popular referendum can address. The secretary of state must write the question in a clear, concise and direct manner that describes the subject matter of the peoples veto or direct initiative as simply as is possible (MRS tit. II, 1a; 1b; 1g; O.R.C. 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. The most common requirements: that they be at least 18 years old, a citizen, a registered voter and/or a resident of the state. 1-40-105). Art. Number of signatures required: 4% of the votes cast for all candidates for governor at the last election (Const. Constitution 48, Init., Pt. Withdrawal process of individual signature: Written statement at secretary of states office, mail a notarized statement to the office, or strike name through on petition (A.R.S. Art. Ballot measure committees must file pre-primary, pre-general, year-end and, if applicable, supplemental reports in even-numbered years. Art. States vary in how they verify the collected signatures. St. 32-1407). 116.160; 116.180; 115.245; 116.210; 116.220). 5, 1), Repeal or change restrictions: No veto by governor, and two-thirds vote by legislature may amend or repeal (Ark. Rev. Ballot title and summary: The same title drafted by the title board in the pre-qualification stage is used on the ballot (CRS 1-40-106); there is not a summary on the ballot (CRS 1-40-115). Study with Quizlet and memorize flashcards containing terms like During the gold rush, white miners used nativism and racism to justify their violence against Native populations. A petition may only be rejected if two different sampling processes determine it does not have sufficient signatures. Filed within one year of receiving notice that petitions are ready. II, 10). Art. 48). XVI, 2). 3519.22). Governor may call a special statewide election for the measure. 5, 1). Const. Code Ann. 116.090). Legislature or other government official review: After chance for comment by all legislators, the legislative council prepares an impartial analysis with description, background information and likely effects (A.R.S. Where to file: Secretary of state (21-A MRS 901). Who creates petitions: A voter must print the petitions in the form approved by the secretary of state (21-A MRS 901). 2, 9). L-04, 2011 WL 1130010 (July 5, 2011). Timeline for collecting signatures: For direct constitutional amendments, nine months and three weeks. The first statewide election held more than 180 days after adjournment of the session during which the act was passed, Regular election (state, congressional or municipal) or a special election called by proper official or when 15% of voters petition for one. Circulator requirements: Legal voter (RCWA 29A.72.120). A referendum petition with a minimum of 459 valid signatures must be filed within 30 days after the Council action. Trivago Commercial Actress, Duplex For Rent In Johnston, Iowa, Articles I