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At general elections except when a special election is ordered by the legislature, and must be filed at least six months before the election it is to be voted on. 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. 4, Pt. 32-630; 32-1546), Number of signatures required: For statutory initiatives, 7 % of votes cast for governor in last election. Fifteen % for amendments (A.R.S. 32-1401; 32-1405; 32-628; 32-1403, Nevada: N.R.S. 295.012; 293.127563; Angle v. Miller, 2010, 722 F.Supp.2d 1206. VI, Subpt. GC: Chapter 2 Quiz Questions Flashcards | Quizlet 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. III, 52(a) and Mo.Rev.Stat. Art. Colorado. 48, Pt. 22-24-410). Code 9006). The Financial Impact Estimating Conference members of one person from the governors office, the coordinator of the Office of Economic and Demographic Research, one professional senate staffer and one professional house staffer (F.S.A. 12, 2), Mississippi (MS Const. For constitutional amendments, a majority of voters at two consecutive elections (N.R.S. 22-24-409). St. 32-1414). II, 9(c)). Attorney general aids summary. Does the law in question take effect before the referendum vote: Does not go into effect unless approved by voters (Const. Const. 3519.21; 3519.01; 3519.03), What is on each petition: Full copy of the title and text of the law, room for signatures and information of signers, a signed circulator statement, circulators name and address, name of employer of circulator, summary, attorney generals certification, a notice, and names of at least three of the committee members sponsoring the initiative (OH Const. II, 1g and ORC 3519.01). 3, 53). 3, 52(c) and Wyo. Proponent organization and requirements: At the time of filing a draft, proponents must designate the names and mailing addresses of two people who will represent the proponents in all matters related to the petition (CRS 1-40-104). Wyoming: in excess of 50% (Const. Allowed to pay another for their signature: Prohibited (ACA 7-9-103(c)). Petition title and summary creation: Secretary of state and approved by attorney general (V.A.M.S. A report is also due no later than the 15th day after the deadline for filing the referendum petition (Mo.Rev.Stat. Revised statutes now require that signatures be equally collected among all the petition districts (congressional districts), and this was held to be constitutional (N.R.S. 19, 2), Types allowed: Direct initiative for statutes and constitutional amendments, and popular referendum. V, 1(6)). Code 13-208 for statement of organization. Amend. Art. 3501.38; 3519.05, Oklahoma: OK Const. Time-period restrictions before placed on the ballot: Filed at least four months before election (Ark. Seventeen states have subject matter limitations other than the single-subject rule: Dedicate revenue, repeal appropriations, create courts, define court rules or jurisdictions, or enact local or special legislation. Must submit full text and title, and statement as to the use or not of paid circulators (U.C.A. Majority to pass: Majority only, but the election must have at least 50 % voter turnout (OR CONST Art. 1-40-105). 8; 9). 22-24-405). VI, Subpt. 1-40-116). Tit. Seven states specify a process for withdrawing a popular referendum petition from circulation; the remaining states do not. Proponent organization and requirements: When first filing the petition, no more than three primary proponents must be designated (34 Okl.St.Ann. A criminal records check is conducted (ORS 250.048). 1953, Const. The requirements for an election with statewide ballot measures vary greatly by state. Proponent organization and requirements: Sponsor must file an affidavit that s/he is a registered voter (RCW 29A.72.010). Art. 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. Arkansas: Exact petition copy filed with secretary of state (A.C.A. Withdrawal process of individual signature: Can file a request with the county clerk any time before the petition is filed (NRS 295.055). II, 1(b)). 1953 20A-7-202), Proponent organization and requirements: At least five sponsors must apply (U.C.A. Circulator oaths or affidavit required: Yes (MCA 13-27-302). Const. Art. Another 10 states allow petition sponsors to draft the title and/or summary, in some cases with approval by a state official. Const. 34-1807), Paid per signature: Ban overturned (Idaho Coalition United for Bears v. Cenarrusa, 2001), Allowed to pay another for their signature: Prohibited (I.C. IV, 1; O.R.S. What is on each petition: Petition must include full and correct title and text of the law (Const. 4, ; Const. Repeal or change restrictions: Legislature may propose alternative measure or initiate the standard process for amending the constitution (MS Const. The citizen initiative process enables citizens to bypass their state legislature by placing proposed statutes and, in some states, constitutional amendments on the ballot. Art. If the attorney general does not approve of the statement, they prepare one themselves (MCA 13-27-312). Must also meet conditional certification (W.S.1977 22-24-304; 22-24-308). 7-9-111). Art. 4). Art. Art. II, 1g). 100.371). 295.300), Number of signatures required: Ten % of the votes cast in last general election (N.R.S. The popular referendum allows voters to approve or repeal an act of the Legislature. There is a principal circulator whose information is publicly available upon request. Washington: Code reviser or assistant code reviser reviews the proposal of the initial petition and recommends revisions or alterations in an advisory capacity only. Art. Circulator requirements: Resident,18 years old and paid circulators must wear badges (U.C.A. Const. 295.055; 295.009, North Dakota: NDCC, 16.1-01-07; 16.1-01-09, Ohio: OH Const. Circulator requirements: Must be qualified to register to vote pursuant to 16-101. CONST. Public review or notice: The attorney general shall provide a 10-day public comment period after the release of draft title and explanation and revise accordingly after the comment period closes. Art. And published in newspaper (F.S.A. All 24 citizen initiative states require political organizations supporting or opposing a ballot measurealmost always considered political action committeesto follow state campaign finance laws. What is on each petition: Petition includes original bill number, title and affidavit signed by no more than three proponents file the measure (34 OS 1). Allowed to pay another for their signature: Prohibited (Miss. ", Miss. Political recall efforts in Virginia result in a circuit court trial instead of an. The legislature can provide for a different effective date with a two-thirds vote of the membership of each house (Const. Petition title and summary creation: Attorney general (RCW 29A.72.060). Art. Where to file with: Secretary of state (MCA 13-27-202). If paid, must provide required information to secretary of state prior to collecting signatures (A.C.A. 250.045; 260.035; 260.054, South Dakota: SDCL 12-27-22; SDCL 12-27-3, Utah: U.C.A. Withdrawal process of individual signature: Must do before submitted to secretary of state (NDCC, 16.1-01-09). Utah: The governor must decide that two measures are in conflict (U.C.A. 22-24-416, First statewide election held more than 180 days after adjournment of the legislative session. This was a highly popular proposal to reduce property taxes in the state by 57 percent. Const. States include a range of requirements for petition format and contents including legal warnings, serial numbers provided by officials, notarization, date of the election the measure is to be voted upon, the measures full text, summary, the district or county where the signature was gathered, if the circulator is paid, fiscal analysis, affidavit of circulator, circulator information, rights of the potential signer, names of proponents or proponent organization and deadline for signatures. Art. 7-9-111). 11 5). 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). Improved homework resources designed to support a variety of curriculum subjects and standards. Proponent organization and requirements: A person, committee or political party that pays signature gatherers is required to file the same financial disclosures required under Title 13, Chapter 37 (MCA 13-27-112). XVI, 3(b)). In some states, the question is worded such that a yes vote is in favor of the law subject to referendum, while in others, a yes vote is in favor of repealing the law that is the subject of the referendum. Application process information: The person(s) or organization(s) under whose authority the measure is to be referred must deliver to the secretary of state the petition, signed by at least 20 qualified electors of the state (IC 34-1804). Art. 3, Sec. This is generally the secretary of state, but in Alaska and Utah, the lieutenant governor is the states chief election officer. Types allowed: Indirect initiative for constitutional amendments, NOTE:In 2021, the Mississippi Supreme Court. Proponent financial disclosure requirements: Include but may not be limited to filing any PACs formed to advance the measure, limitations on total contributions, and reporting contributions received above $1,000 at various times (N.R.S. 1953 20A-7-202; U.C.A. VI). Then within 15 days the attorney general provides certificate of review. Art. Information page must contain description of subject and purpose of the petition, identification of sponsors, the required information relating to signatures and the required affidavit. 901 and 1 M.R.S.A. California is one of two dozen states that gives voters these checks on elected officials. Office of the Legislative Fiscal Analyst conducts an estimate and description of funding sources. Art. III, 5(1)). Signatures must be submitted no later than 18 months after the petition form was furnished by the secretary of state, and each signature is only valid for one year. Political committees must file a statement of organization. Petitions carried by paid circulators must be filed on a monthly basis. 2, 10). Where to file: Secretary of state (MCL 168.471). Submission deadline for signatures: Must be filed within 90 days of when the applicable legislative session adjourns sine die (AZ Const. 250.125). 6, 1; U.C.A. 23-17-47; 23-17-49; 23-17-51; 23-17-53). 4, 1, Pt. Ten % for amendments (Ark. II, 10(a)). 48, Init., Pt. 19, 2; Art. Full and correct copy of title and text must be printed on petitions (NRS 32-1403). 3, 18). 250.036; OR CONST Art. 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. A petition may only be rejected if two different sampling processes determine it does not have sufficient signatures. For constitutional amendments, 8 % of total vote for governor in the last election in each of two-thirds of the state's congressional districts (V.A.M.S. 14, 3). 4, Pt. Either way, the measure is put before the people (MS Const. Art. Const. 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). 5, 2; 34 Okl.St.Ann. Referendum and initiative | Definition, Forms, History, & Facts III, 8). Petition sheets also always include space for signatures. (Const. Circulator requirements: US citizen and at least 18 years of age (Wyo. Law 6-201 and -202, Massachusetts: Const. 3519.05; 3501.38; OH Const. What is on each petition: Contains a summary of the subject matter, warning to signers and a statement as to paid circulators (Const. Const. Art. Art. 54, 53, Drafted by sponsors and approved by board of state canvassers. Art. Proponents of an initiative, referendum, or recall effort must apply for an official petition serial number from the Town Clerk. Art. It is based on the principle that officeholders are agents of the popular will and should, therefore, be constantly subject to its control. 5, 1). Initiative and referendum Flashcards | Quizlet Who can sign the petition: Registered electors (Const. Allowed to pay another for their signature: Prohibited (NSR 295.300). 14, 9; Art. What is on each petition: Petitions substantially follow the form found in U.C.A. 19-112), Colorado (Const. Geographic distribution: In each of two-thirds of the congressional districts, and each petition page must only contain signatures from a singular county (V.A.M.S. Rev. 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. Amend. Const. Geographic distribution: The maximum number of signatures counted from any individual congressional district is one-fifth of the total number required (MS Const. Stat. Proponents; a simple statement of the gist of the measure is included on the petition. 54, 53). General review of petition: Attorney general may confer with proponents and recommend revisions (Miss. 116.334). 24 States may have the direct initiative, the indirect initiative or the choice of either. 3519.16. Utah requires 60 percent approval for laws that alter hunting and fishing (See Utah Const. Art. 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. If a referendum is filed against an emergency measure, it remains in effect until it is voted on by the people (Const. Art. And secretary of state will hold public hearings at least 95 days before the election (O.R.S. art. 2; Neb. The legislature may submit a competing measure to the ballot (M.G.L.A. III, 3 and NRS 32-1407). Const. St. 32-630; 32-628). . Next general election at least four months after filing the signatures. Referendum - Wikipedia Ballot title and summary: The secretary of the state and attorney general (W.S.1977 22-24-317). Art. Const. 250.105). Proponent financial disclosure requirements: Must file statement of organization as a PAC upon receiving contributions or making expenditures in any combination of at least $1,000 in connection with an election (ARS 19-905(C)). 7-9-108). What is on each petition: Petition format is addressed in Mo.Rev.Stat. In 1921 the voters of North Dakota removed from office the governor, attorney general, and commissioner of agriculture. . Must also file with the secretary of state not less than four months before the election at which they are to be voted on (I.C. 11 906(6)(B)). Rev. III, 4). Const. Next statewide or special election after the legislative session concludes sine die, and signatures submitted to appropriate state officials at least 10 days before submitted to secretary of state, which is the 50th day of the first regular session or the 25th day of the second regular session. Number of signatures required: 2% of the residential population according to the last federal decennial census (Const. Cure period for insufficient signatures: If the petitions were filed at least 165 days before the election and the submission deadline has not passed, and the signatures are deemed insufficient, petitioners may submit more signatures (OR Rev. A list of the initiative, referendum, and recall . Colorado and Florida require a supermajority to pass a constitutional amendment: 55 percent of voters in Colorado (C.R.S.A. In Missouri, signature requirements are based entirely on congressional districts. Who can sign the petition: Qualified voters (Const. CHAP. 13 Sample Exam Flashcards | Quizlet Signature gathering begins on a date specified by the secretary of state and cannot be less than 15 or more than 30 days from the date when all appeals and rehearings have been resolved or have expired. (IC 34-1803B). 32-1411. initiative, referendum, and recall - Students - Britannica Kids For indirect statutory initiatives, 3 % of the votes cast for governor in the last election to submit to the legislator. Persons involved in a statewide initiative or referendum process are subject to the provisions of the Nebraska Political Accountability and Disclosure Act. 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. 19-121), Ballot title and summary: Secretary of state, approved by attorney general (A.R.S. III, 2; Bernbeck v. Gale, 59 F.Supp.3d 949 (2014); 829 F.3d 643, United States Court of Appeals, Eighth Circuit. Timeline for taking effect: Within at least 30 days (I.C. Must be signed by at least 100 qualified voters as sponsors. 2, 3), Michigan (M.C.L.A. General review of petition: None other found. Who creates petitions: Sponsors are required to submit a sample petition to the secretary of state. Three or more registrars must certify the petitions and follow other rules as per administrative regulations 950 CMR 55 (M.G.L.A. If a person is recalled they are put back through an election. Art. 4, 1, Pt. 106.19), Allowed to pay another for their signature: No prohibition found, Number of signatures required: Eight pecent of total votes cast statewide in last presidential election (F.S.A. Art. 905 and 1 M.R.S.A. 12, 2; M.C.L.A. Timeline for taking effect: Upon approval by the voters (Const. Art. 2, 3; Amend. Allowable uses of funds by ballot measure committees are specified at Elec. III, 4), Timeline for taking effect: Ten days (Ne.Rev.St. 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). II, 9).