St. 32-1405). 15% of the votes cast for governor in the preceding election in a majority of legislative districts is required to suspend operation of an act pending the election (Const. Must also be submitted to the appropriate officials of cities, towns or plantations, or state election officials as authorized by law, 10 days before it's due with the secretary of state. 168.487). Art. 2, 8). 1953 20A-7-202), Proponent organization and requirements: At least five sponsors must apply (U.C.A. Timeline for taking effect: Thirty days after the election unless otherwise provided in the act. Such statement shall in clear and concise language explain the effect of a vote for and against the measure in such language that the statement will not be intentionally an argument or likely to create prejudice, either for or against the measure (NRS 32-1410(2)). There must also be a five-person committee of those who favor rejection, comprised of individuals appointed by the governor, attorney general, president of the senate and speaker of the housethe fifth member is appointed by the four previous members. General review of petition: Reviewed by attorney general and Ohio ballot board, which also writes pro or con statements if not supplied (OH Const. sought government regulation of child labor. 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 . IV, pt. Taken together, they are called the politics of direct action. Who creates petitions: Lieutenant governor (Const. If a person is recalled they are put back through an election. 106.03). Paid per signature: Banned (U.C.A. The requirements for an election with statewide ballot measures vary greatly by state. 23-17-9), Time period restrictions before placed on the ballot: Ninety days before the first day of the legislative session and the first five measures make it on the ballot (Miss. Legislature or other government official review: 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. 3, 19). 4 1, Part 1(6B), (6C) and (6D). Art. Art. Const. 7-9-104; A.C.A. The title of the statute or resolution that is the subject of the referendum is printed on the ballot. 2). 5, 1). 12, 2). Repeal or change restrictions: Two-thirds vote required to amend or repeal, and governor may not veto (Ne.Rev.St. III, 4 and NRS 32-1414). Petition sheets will always include space for signatures. 168.32). 116.180; V.A.M.S. The legislature has four months to pass the bill in amended or unchanged form. Art. Laws 168.471. 2, 19; Amalgamated Transit Union Local 597 v. State of Washington, 11 P.3d 762, 2000), Other subject restrictions: None (RCWA Const. Const. 3519.22. Who can sign the petition: Qualified voters (SDCL 2-1-6). The attorney general reviews the ballot title after signed petitions are turned in (34 Okl.St.Ann. 2, 10), the legislature cannot change or alter measures on its own and must resubmit changes to the people unless the original measure passed by voters waived this requirement. Art. For indirect statutory initiatives, it is roughly 11 months and two weeks. In every state, petitions must follow guidelines, which vary by state. Where to file: Secretary of state (NRS 32-1405). 19, 2). Circulator requirements: At least 18 years old (Elec. Number of signatures required: 8% of the active voters in the state on Jan. 1 following the last regular general election (Utah Code 20A-7-301(1)). Initiative Election: Referendum: Recall Election: Right of citizens to propose laws or amendments for approval or rejection by the voters. 12, 2). Art. Number of signatures required: 2% of the residential population according to the last federal decennial census (Const. Proponents write title. Art. 116.110) to the simple crossing out of ones name in Idaho (I.C. Art. 34-1802). II, 1b and 1g; O.R.C. The legislature may submit a competing measure to the ballot (M.G.L.A. If the legislature does not enact the proposition, then proponents may collect the additional 5 % of signatures required to get the measure onto the ballot (U.C.A. Where to file with: Secretary of state (MCA 13-27-202). Time period restrictions before placed on the ballot: To be voted on at the next regular or general election subsequent to 125 days after the supplementary petition is filed (OH Const. General review of petition: The director of elections, with the approval of the board of canvassers, prepares a statement of designation for the ballot (M.C.L.A. 2, 10). Who creates petitions: Created by the petition sponsors and must be approved by the secretary of state prior to circulation (SDCL 2-1-3.1). Subject restrictions: Cannot be used on laws necessary for the immediate preservation of the public peace, health or safety, and appropriations for the support and maintenance of the departments of state and state institutions (Const. Art II, 10 and Elec. III, 3). 19, 3) and summary statement drafted by proponents (NRS 295.009). Art. Verification: Verification method not specified, but "In considering the sufficiency of a referendum petition the burden of proving that all signatures appearing on the page are genuine and that the signers are qualified electors of the county named on the page and are in all respects entitled to sign the petition shall be upon the sponsors of the petition, if it is apparent beyond a reasonable doubt to the secretary of state that twenty percent or more of the signatures on any one page thereof are fictitious, forged or otherwise clouded, or that the challenged petitioners were ineligible to sign the petition, which fact was known or could have been ascertained by the exercise of reasonable diligence on the part of the person soliciting the signatures on that page" (NMSA 1-17-11). 19-126), Majority to pass: Yes (A.R.S. Attorney general drafts summary for ballot (A.C.A. Art. Art. 100.371, 101.161; F.S.A. c. representative democracy. The reform movements of the Progressive Era generally focused on . Legislature reviews the measure as submitted to it by the proponents. Not more than 24 months for collection with a deadline of four months before the election, and by 5 p.m. on the final day. Californians adopted the initiative process on October 10, 1911, becoming the tenth state to adopt this form of direct democracy. Payment on a per-signature basis prohibited; bonuses based on reliability, longevity and productivity are permitted. Five years on any measure that is "substantially the same as that defeated by" the previous measure. 1953 20A-7-205). Art. Upon each of the ballots, following the ballot title or text, the words For the referred law and Against the referred law, must appear. III, 5(1) and MCA 13-27-301. Proponent financial disclosure requirements: Political committees must file a statement of organization (NMSA 1-19-26.1). St. 32-1416). 3519.03; 3519.01; 3519.062). All 23 popular referendum states require political organizations that support or oppose a ballot measure, often considered political action committees, to follow state campaign finance laws. V, 7). 2, 8. Art. 19, 2; N.R.S. 19-121.01); California (Elections Code 9030); and Colorado (C.R.S. Collected in-person: Yes, In-person (21-A MRS 902). Considered a committee if individual raises or spends more than $5,000. May remove no later than 120 days prior to the next general election and at least two-thirds of petition sponsors must sign the form. 168.472a). The idea of referendums, recall, and initiative was one to give voters greater power over legislation and the lawmakers and politicians who served them. Most state statutes include some type of sampling, such as in the cases of Arizona (A.R.S. 14, 3 and see Coalition for Political Honesty v. State Board of Elections (1976)). In the others, the measure goes directly to the ballot after it is submitted to the legislature. Which election: Next regular general election or a special election called by the lieutenant governor (Utah Code 20A-7-301(1)). Circulator requirements: 18 years of age (NRS 295.0575). Const. Art. 15, 273). Art. An act that was suspended by a petition and is approved by the people is effective the date the result of the canvass is filed by the secretary of state (MCA 13-27-105(3)). 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. Who can sign the petition: Electors of the state (OH Const. Paid per signature: Prohibited (MCA 13-27-102). Art. Petition title and summary creation: Attorney general certifies submitted title and measure and summary by secretary of state, with attorney general oversight (M.G.L.A. 7-9-104). 19, 1 and NRS 295.045). Reports of contributions and expenditures are due quarterly in calendar years without elections. 2, 9; Const. Art. Const. Art. The guidelines for the format and content of petitions vary by state. Code Ann. 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). Const. IV, 1(4) and ORS 250.045). Application process information: Must first register a political committee and submit form to Division of Elections along with text of proposed measure and form on which signatures will be affixed (F.S.A. Paid per signature: Prohibited (Const. Ballot measure committees have the following additional reporting requirements: initial disclosure report is due 15 days after the committee begins raising or spending money, with subsequent quarterly reports until the pre-election report is due. Which election: Regular general election, unless otherwise ordered by the legislative assembly (Const. Const. For constitutional amendments, 10% of votes cast for governor in last election. 100.371), Geographic distribution: Signatures in each of one-half of the 27 congressional districts of the state (F.S.A. 19, 3; Nev. Rev. Verification: Random sampling (MCA 13-27-303). Four states require training for circulators: Twenty-two states (all except Massachusetts) require circulators or proponents to sign affidavits or other sworn statements as to the accuracy or authenticity of the petitions. 48, Init., Pt. Public review or notice: Fiscal statement summary available at polling places, secretary of states office, and Office of Demographic and Economic Researchs website. (OH Const. 1-40-105). 1-40-105). May remove no later than 120 days prior to the next general election. Sponsors submit full petition to title board for review (CRS 1-40-105). Stat. 3, 23). Montana, Nebraska and New Mexico have two signature thresholds: The first is sufficient to trigger a referendum vote, and the second, higher amount triggers a referendum vote and also suspends operation of the law in question until the election. Ballot title and summary: Prepared jointly by the secretary of state and attorney general (IC 34-1810(1)(b)). Art. Circulator oaths or affidavit required: Yes (MCA 13-27-302). Proponent financial disclosure requirements: Include but may not be limited to a ballot question committee filing campaign statements, filing the 16th day before the election to the 11th day before the election, a postelection campaign statement, fines if failure to file properly, advertising guidelines (M.C.L.A. The following is not a legal, comprehensive list of every campaign finance law governing the referendum process in each state but is rather a basic summary and starting guide for where to find relevant statutes. III, 52(a)). Sometimes initiatives are first submitted to a legislature. Nebraska: not less than 35% (Const. A.R.S. Initiative, referendum, and recall are three means by which the people may bring their will to bear directly on the legislative process and the machinery of government. Considered a committee if individual raises or spends more than $5,000. If you desire to vote for the retention of the act, mark X in square opposite the words 'FOR APPROVAL OF THE ACT.' Vote requirement for passage: Majority (MCA 13-27-504). Circulator oaths or affidavit required: Yes (Const. 11 3), Who can sign the petition: Registered voter in the county in which the petition circulates (F.S.A. In the indirect initiative process, a proposed initiative is referred to the legislature after proponents have gathered the required number of signatures. 19, 2; N.R.S. Majority to pass: Yes, except in the case of authorizing gambling or lottery, which requires 60 % to pass (RCWA Const. Timeline for taking effect: Upon approval by the voters (Const. Const. 48, Init., Pt. 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. 53 22A and M.G.L.A. Who creates petitions: Secretary of state (Neb.Rev.St. 116.100). Rev. 7-9-404; 405; 406; 407; 408; 409). Ballot title appears on the petition (RCW 29A.72.120). Application process information: Application must be filed by 5 p.m. within five calendar days after the legislative session ends (Utah Code 20A-7-302). Art. It must be accompanied by a notarized form including the names and addresses of the petition sponsors and the statement of organization provided at 12-27-6 (SDCL 2-1-3.1). Proponent organization and requirements: If a committee or person, except the individual submitting the sample sheet, is funding any portion of the drafting or submitting of the sample sheet, the person submitting the sample sheet shall submit a copy of the filed statement of committee organization required under subsection 5 of section130.021 (Mo.Rev.Stat. Const. 2, 3, Michigan: M.C.L.A. There are critics that disapprove of . Additional reports are due on the third Wednesday in January of each year the committee continues in existence. Does the law in question take effect before the referendum vote: Not specified. 1953 20A-7-205). V, 1(3)). 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. 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). Rponses possible : a. Paid per signature: Cannot be paid based on the number of signatures collected, but can be paid in general as long as disclosing with the secretary of state prior to collecting signatures (NDCC, 16.1-01-12; Initiative and Referendum Institute v. Jaeger, 2001). Signatures in each of one-half of the 27 congressional districts of the state. Withdrawal process of individual signature: A voter may have their signature removed by submitting a statement requesting such to the county clerk no later than the earlier of 14 days after the day the voter signs a statement requesting removal or 45 days after the clerk posts the voter's name under 20A-7-306(3)(c). 1-40-105). Art. 3, 17(1)). Art. 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. Art. 1953 20A-7-202). Laws necessary for the immediate preservation of the public peace, health or safety, Acts that become effective earlier than 90 days after the end of the session, Such laws as may be necessary for the immediate preservation of the public peace, health or safety, or laws necessary for the support of the state government and its existing public institutions, Const. 19-123 and A.R.S. 187; Okl.St.Ann. Timeline for taking effect: Once canvassing of votes is complete (N.R.S. Proponent organization and requirements: Proponents and opponents register with board of elections (10 ILCS 5/28-9). 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. 34, 6.1) and Utah (Utah Code 20A-7-306(3) and -306.3). 106.19, 100.371, 120.54), Who creates petitions: Approved by secretary of state (F.S.A. License petition entity must register with secretary of state and obtain license (C.R.S.A. Const. Ballot title and summary: Lieutenant governor forwards petitions that are qualified for the ballot to the Office of Legislative Research and General Counsel, who drafts an impartial title of not more than 100 words summarizing the contents of the proposal. Then the clerks verify the signatures; with a random sample of at least 500 or 5 % of the petition district's signatures. General review of petition: Within 20 days after initial petition filing, attorney general reviews and recommends revisions in an advisory capacity. Laws that relate to religion, religious practices or religious institutions; the appointment, qualification, tenure, removal or compensation of judges; the powers, creation or abolition of courts; the operation of a particular town, city or other political division or to particular districts or localities of the commonwealth; or the appropriation of money for the current or ordinary expenses of the commonwealth or for any of its departments, boards, commissions or institutions. States include a range of requirements for petition 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 statement abstract, affidavit of circulator, circulator information, rights of the potential signer, names of proponents or proponent organization, statement of the proponent organization and deadline for signatures. II, 1g and O.R.C. Stat. Collected in-person: Yes (MCL 168.482a(5)).. Withdrawal process of individual signature: Not specified. Art. What is on each petition: Names of 10 original signers in the application and deadline for submission of signatures and follow guidelines of Administrative Rules 950 CMR 48.00 (M.G.L.A. Art. Amending or diverting funds from a referendum measure requires a three-fourths vote of the members of each house of the legislature, and the amendment must further the purposes of the measure (Const. Eight% of votes cast for the office of governor at last regular gubernatorial election prior to submission of the signatures for verification. Allowed to pay another for their signature: Prohibited (Elec. Types allowed: Indirect initiative for statute, direct initiative for constitutional amendment, and popular referendum, Other subject restrictions: No private or special laws (Const. And arguments for and against are prepared by committees with members appointed first by the secretary of state, the senate's presiding office and the house's presiding officer (RCWA 29A.32.040; 29A.32.060). 3, 19; 21-A MRSA 903-A, sub-4), Nebraska (Neb. 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.
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