Number of signatures required: 5% of total votes cast for all candidates for secretary of state at the last general election (Const. Petitions must be submitted within 90 days after the law is filed by the governor in the office of the secretary of state. Only 20 signatures allowed per sheet and each sheet is from one county. 22-24-306 (W.S.1977 22-24-314). Any contribution of $500 or more in the last 13 days before an election is to be reported within 24 hours. If a petition is insufficient, a period of 20 days is allowed for correction. 3519.01 and 3519.05(C). Proponents of an initiative, referendum, or recall effort must apply for an official petition serial number from the Town Clerk. ), Const. General election unless the legislature orders a special election. Ohio: Reviewed by attorney general and Ohio ballot board, which also writes pro or con statements if not supplied. Each state has a unique way of handling the timeline and deadline for signature gathering. 250.137; 250.139). What was the purpose of implementing referendum recall and initiative quizlet? 22-24-401). 23-17-21). 2, 2; M.G.L.A. No. Two official representatives of the proponents must attend all petition review meetings. Petitions must be submitted not more than 90 days after the law which is the subject of the petition has become law. 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. File a letter with secretary of state, signed by designated representatives, no later than 60 days prior to the election. Art. Since the early 1970s, the initiative has increased greatly in popularity. Prepared by joint legislative budget committee staff. Timeline for collecting signatures: None except when collecting the second 3 % of signatures of votes in last election for governor, the deadline is 90 days (OH Const. (Note: This provision was found unconstitutional in July 2020 by a Superior Court judge and was later affirmed Aug. 31, 2020 by the state supreme court. Petition title and summary creation: Secretary of state and approved by attorney general (V.A.M.S. If a petition is declared insufficient but has at least 75% of the required signatures in total and in at least 15 counties, sponsors may have an additional 30 days to gather more signatures. Which election is a measure on: Next general election or a special election if ordered by the legislature (RCWA Const. Restrictions included 120 days before election for amendments, and 160 days before an election and not less than 10 days before legislative session for statutes. 2, Sec. Art. Const. 19, 2; Art. Submission deadline for signatures: Not more than 60 days after the final adjournment of the session of the state legislature which passed on the bill on which the referendum is demanded (IC 34-1803). Florida: Attorney general can request advisory opinion on the constitutionality of a measure from the state supreme court. 67-6602, 67-6607). 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). Allowed to pay another for their signature: Prohibited (O.R.S. 100.371), Fiscal review: Yes, by the Financial Impact Estimating Conference (F.S.A. II, 9(b) and Elec. Proponent financial disclosure requirements: Must obtain a petition entity license before circulating petitions or paying circulators (CRS 1-40-135(2)). No veto by governor for either measure passed by voters or legislature (M.C.L.A. Who creates petitions: Petitioners, approved by secretary of state and attorney general (I.C. Circulator oaths or affidavit required: Yes (MCA 13-27-302). 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. 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). Then they deliver the verified packets to the lieutenant governor. (OH Const. 1, Part 2). No person shall qualify as a petition circulator who has been convicted of, found guilty of or pled guilty to an offense involving forgery under the laws of this state or an offense under the laws of any other jurisdiction if that offense would be considered forgery under the laws of this state (Mo.Rev.Stat. 4, Pt. Art. Art. 19, 1). 3519.03; 3519.01; 3519.062; 3505.063). Timeline for taking effect: Within at least 30 days (I.C. Political committees must file reports of contributions and expenditures. 1953 20A-7-211). Proponent financial disclosure requirements: Include but are not limited to contribution limits and reports (F.S.A. 12, 2). Persons involved in a statewide initiative or referendum process are subject to the provisions of the Nebraska Political Accountability and Disclosure Act. ch. Supermajority vote only to change vote requirement. Code 13-309). IV, 1b). Under the constitution, an act takes effect 90 days after it is enacted. Art. III, 4; Neb. Missouri: The secretary of State will furnish ballot statements explaining the effects of a no or yes vote for the measure, which will include whether it will increase, decrease or maintain taxes. 34, 1, 4 and 8. Democracy and republican run against each other voters vote for one demarcate representative and one republican representative. 5, 1). Must report contributions received if in excess of $20 and all expenditures quarterly in off-election years, on the first Monday in May and every two weeks thereafter before the primary election, on the first day of each month beginning with the sixth full month before a major election, on the first Monday in September and on each Monday every two weeks thereafter before the major election, and thirty days after the major election (CRS 1-45-108). Art. II, 10(a)). Petitions are valid for one year, and deadline of 90 days before the first day of the legislative session. Secretary of state drafts ballot language that fairly and accurately explains what a vote for and what a vote against the measure represent; approved by attorney general. 15, 273; Miss. II, 1g; Art. Art. This bill would (concise description). Art. Recall, the device by which voters may remove public officials from office, also originates with the people. Alaska: Lieutenant governor reviews within 60 days of receiving (AS 15.45.150). 1953 20A-7-202; U.C.A. In every state, petitions must follow guidelines, which vary by state. Code Ann. 116.320). 168.32). 5, 1). IDEA. II, 1c and 1g; ORC 3519.16(F). Art. Art. Const. The same title that was drafted for the petition also appears on the ballot (ORS 250.065). Art. 1-40-123), Majority to pass: Amendments require 55 % (C.R.S.A. 901, 906; 1 M.R.S.A. 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. Const. 72.130). Ballot title and summary: Proponents submit descriptive ballot title that is reviewed by attorney general (34 Okl.St.Ann. And no measure that names an individual to hold office or names private corporation to perform any function. Timeline for taking effect: An act rejected by referendum is void 30 days after certification. Const. IV, 1(4)). Repeal or change restrictions: For statutes, may be amended or repealed only by three-fourths of each house or by a vote of the electors. 353, 354). Art. Subject restrictions: Laws providing for tax levies, appropriations for the current expenses of the state government and state institutions and emergency laws necessary for the immediate preservation of the public peace, health or safety (OH Const. 48, Init., Pt. Rarely has a recall effort against a state-level officeholder ever qualified for the ballot. States vary in the way popular referendum questions are posed. Art. Art. General election, but governor and legislature may call special elections, and certified ballot title is due at least 65 days before the election. N.R.S. All 23 popular referendum states require a simple majority to pass a popular referendum. Semiannual statements of contributions and expenditures are due July 31 and January 31. In 1831 the canton of St. Gall adopted what is called the facultative, or optional, referendum. 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. For direct constitutional amendments, a timeline beginning on Sept. 1 before the general election it is to be voted upon and ends on the third Tuesday of June of an even-numbered year. 3, 3; NDCC, 16.1-01-09), Ohio (Const, Art. Twelve months for collection, and no signatures may be obtained prior to 24 months before the general elections that it is to be voted upon. 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. 3, 50; Art. What is on each petition: Full text of the measure, follow prescribed form, signatures, warning, fiscal impact and a simple statement of the gist of the proposition (OK Const. Verification: The secretary of state may use any statistical sampling techniques for this verification and canvass which have been adopted by rule as provided by chapter34.05RCW. Must also meet conditional certification (W.S.1977 22-24-304; 22-24-308). 19-121), Ballot title and summary: Secretary of state, approved by attorney general (A.R.S. IV, pt. 295.015). *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. 3519.05; 3501.38). 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). XVI, 4). How to Write an Initiative? Time limit may be shorter if circulation begins late, because signatures must be submitted no later than 40 days after the legislative session ends regardless of when signature gathering began (Utah Code 20A-7-306(1)). 1-40-105).
Ballot Initiatives | State of California - Department of Justice A legislature committee also reviews the measure by a deadline (N.R.S. Eighteen states require or provide for fiscal statements: Lieutenant governor provides a statement of costs. Find and create gamified quizzes, lessons, presentations, and flashcards for students, employees, and everyone else. Rev. 4, Pt. Circulator requirements: Must be qualified to register to vote pursuant to 16-101. Art. Art. O.R.S. II, 10(a)). Submission deadline for signatures: No later than 5 p.m. 90 days after the final adjournment of the legislative session (Const. ; The referendum process allows citizens to refer a law that passed the legislature to the ballot for voters to decide whether to uphold or repeal the law. 19-125), Time period restrictions before placed on the ballot: No statute, Conflicting measures: The measure that receives the greatest number of affirmative votes (A.R.S. Must file measure's full text and three designated sponsors who are Wyoming voters to act as official sponsors of the campaign. Fiscal review: Prepared by legislative council (CRS 1-40-105.5). What is on each petition: Sponsors create petitions pursuant to guidelines in statute. Petition sheets will always include space for signatures. The wording on the ballot must read: The legislature passed . Art II, 10 and Elec. Rev. Const. Art. The following is not a legal, comprehensive list of every campaign finance law governing the initiative process in each state, but rather provides a starting guide of where to find relevant statutes: Nine states have an explicit process for withdrawal of an initiative from circulation: Proponents may any time before measure qualifies for the ballot, 131 days before the general statewide election. Art. 14, 3), Who can sign the petition: Registered Illinois voters (ILCS Const. Law 6-103). Geographic distribution: Not more than half may be residents of Baltimore City or of one county (Const. 116.334). 1(9) and A.R.S. Probably the most celebrated initiative to pass in recent years was Proposition 13 in California. Art. The reform movements of the Progressive Era generally focused on . Const. Electronic reports of contributions and expenditures must be filed according to a specified schedule. Verification: A random sample of 5% of the signatures is verified by county recorders (ARS 19-121.01(B)). In the others, the measure goes directly to the ballot after it is submitted to the legislature. 3, 53). Art. 250.029). 34-1804, 34-1809). 3, 52). . Proponents may suggest title (OH Const. Legislator proposes a law, voters vote on it. **Residency requirement was struck down by Term Limits Leadership Council v. Clark (1997). Art. Timeline for taking effect: Once canvassing of votes is complete (N.R.S. 1953 20A-7-205; 20A-2-105). Art. 250.036). Who creates petitions: None defined, although the secretary of state reviews and processes the petition, along with the attorney general and the Supreme Court (34 Okl.St.Ann. A statement of organization is required. 295.055). Const. 23-17-43. 4, 2; Constitution 48, Init., Pt. 19, 2; N.R.S. Where to file: Attorney general (Elec. 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. Vote requirement for passage: Majority and not less than 35% of the total vote cast at the election (Const. 295.015). 6; 6.1). 12, 2; M.C.L.A. Proponent financial disclosure requirements: Include but may not be limited to statewide ballot question committee must file pre-primary, pre-general, year-end and, if applicable, supplemental report and amendments (SDCL 12-27-22; SDCL 12-27-3). Statewide election or a special election called by the governor, Next regular or general election that occurs 125 days after filing, Const. Rev. This same process also applies to individual petition districts (NRS 293.1277). 3519.05; 3501.38; OH Const. Prepared jointly by the secretary of state and attorney general, Const. 3519.01). 116.334). Stat. Const. 1(3) and (7)). 23-17-17; 23-17-19, Montana: MCA 13-27-201; 13-27-202; 13-27-204; 13-27-207, Nebraska: Neb.Rev.St. Const. Circulator requirements: Must be at least 18 and an Ohio resident (O.R.C. Does the law in question take effect before the referendum vote: If a petition has signatures from 10% of the state's registered voters, it shall suspend the taking effect of such act or part of act (except emergency acts or those for the immediate preservation of the public peace, health, or safety) until the same has been approved by the electors of the state (Const. XVI, 1 and Elec. Next general election held at least 131 days after signatures are certified. Must also provide a notarized list of names of proponents and a statement of organization. Groups must file reports detailing contributions received in excess of $100 in the aggregate and all other contributions and expenditures made by the group.
Oregon Secretary of State Administrative Rules Art. 1953 20A-7-205). Const. 168.22e; 168.476; 168.477; 168.480, Montana: MCA 13-27-401; 13-27-402; 13-27-410; 13-27-311, Nebraska: Neb. The attorney general may determine an act of the legislature is the same as a proposed law and will remove it from appearing on the ballot (W.S.1977 22-24-304; 22-24-319). 14, 3). 3, 50, 51). Must include the language "a committee for/against Proposition __" in any reference to the committee required by law (Govt. (RCW 29A.72.230). Geographic distribution: 5% of the vote cast for governor at the preceding election from at least one-third of total legislative districts (Const. 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). 1953, Const. XLVII, Pt. Number of signatures required: 10% of the voters who voted in the preceding general election (Const. Collected in-person: Yes (Const. Secretary of state will choose one argument for and one against to print in the voter pamphlet, which is mailed to every household in the state (I.C. If both are approved, the one receiving the greatest number of affirmative votes prevails (34 Okl.St.Ann. Verification: The regular boards of judges, clerks and officers count all of them (I.C. Same must also be reported quarterly on April 15, July 15, Oct. 15 and Jan.15. Stat. Art. Art. An initiative is a proposal of a new law or constitutional amendment that is placed on the ballot by petition, that is, by collecting signatures of a certain number of citizens. Signatures gathered in violation of these requirements are void (ARS 19-101(A)). Rev. 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). Application for Recall Serial Number. 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 (ACA 9-7-402). Ballot title and summary: Prepared jointly by the secretary of state and attorney general (IC 34-1810(1)(b)). II, 1e). Art. For constitutional amendments, 8% of total votes cast for all candidates for governor in last general election. IV, 1(4) and ORS 250.045). Proponent organization and requirements: The cover of an initiative or referendum petition shall designate the name and residence address of not more than three persons as chief petitioners (ORS 250.045(6)). Petition title and summary creation: Petition includes the title of the referred law (SDCL 2-1-3.1). Art. There is another kind of referendum, called the plebiscite (from a Latin term meaning decree of the people), whereby questions or issues are submitted to the vote of the people. A report is also due no later than the 15th day after the deadline for filing the referendum petition (Mo.Rev.Stat. 1-40-116). Majority to pass: Yes (OH Const. Vote requirement for passage: Majority (Const. 19-111), Proponent organization and requirements: Must follow financial guidelines, including non-candidate committee to act as sponsor, designating chair and treasurer, sworn statements, spending reports, bank account established, quarterly and pre-election reports (A.R.S. II, 1g). Art. 295.0575), Circulator oaths or affidavits: Yes (N.R.S. Amend. Code 9014). 1953 20A-11-101; 20A-11-801; 20A-11-802; 20A-11-803, Washington: RCWA 42.17A.005; 42.17A; 42.17A.205, Wyoming: W.S.1977 22-1-102; 22-24-201; 22-24-306, California: Cal.Elec.Code 9008, 9009, 9012, Florida: F.S.A. Number of signatures required: 5% of the total vote cast for governor at the last election (Const. II, 1(b) and RCW 29A.72.010. Const. Who can sign the petition: Registered voters of the state (Const. Must be 18 or older and a U.S. citizen (M.C.L.A. Art. 19-111). Which election: Biennial general election (Const. Clerks check the names, verify they are 18 or older, and determine if they are a registered voter. Art. 8). 19-119). Conflicting measures: If neither receives a majority, the one receiving more votes will be resubmitted to the next general election by itself if it received at least one-third of the total votes cast for or against the two measures.