Number of signatures required: 5% of the total votes cast for governor at the last election (Const. 19-112; 19-121.01). Public review or notice: Able to attend meeting on petition application review, title board meetings, ballot information booklet prepared by legislative council (C.R.S.A. To re-enable the tools or to convert back to English, click "view original" on the Google Translate toolbar. Majority to pass: Yes (V.A.M.S. The ballot initiative, a form of direct democracy, is the process through which citizens exercise the power to place measures otherwise considered by state legislatures or local governments on statewide and local ballots for a public vote. II, 1b and 1g; O.R.C. Art. Paid per signature: The 2017 ban on paying circulators per signature was overturned in May 2022. Time period restrictions before placed on the ballot: Must be filed at least six months before the election it is to be voted on (V.A.M.S. The secretary of state employs a representative random sampling using questionnaires, postcards, telephone calls, personal interviews, etc, or any combinations thereof, to determine the validity of the signatures (NDCC, 16.1-01-10). Verification: The regular boards of judges, clerks and officers count all of them (I.C. 5, 1; M.G.L.A. Art. Art. Ballot title and summary: Proponents submit a suggested popular name, to be approved or disapproved by the secretary of state (NMSA 1-17-9). Submission deadline of signatures: Ninety days from the official set date from the secretary of state (34 Okl.St.Ann. 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. Art. Art. Const. Verification: The circuit clerk of each county in which the petition was circulated will verify the name of every qualified voter who signed the petition (Miss. III, 52(a) and Mo.Rev.Stat. Allowed to pay another for their signature: Prohibited (Mo.Rev.Stat. Geographic distribution: The maximum number of signatures counted from any individual congressional district is one-fifth of the total number required (MS Const. Circulator requirements: Registered voter (RCW 29A.72.120 and .130). A groups name must include the title or common name of the measure if the group intends to direct more than 50% of its contributions or expenditures toward a single measure. The secretary of state submits the title to the attorney general for approval when signed petitions are timely filed for verification. Code 107). Const. Number of signatures required: 15% of the total ballots cast in the previous general election (Const. Art. Arizona (for constitutional amendments, not statutes) (A.R.S. Petition title and summary creation: A title board comprised of the attorney general, the secretary of state and the director of the office of legislative legal services or their designees (CRS 1-40-106). Art. Proponent organization and requirements: Application must designate a committee of three sponsors who will represent all sponsors and subscribers in matters relating to the referendum (AS 15.45.270). Code 100). Stat. Signers must be residents in at least three-fourths of the state house districts, and signatures in each house district must equal in number at least 7% of those who voted in the preceding general election, 3% of total votes cast for the office of governor from at least 15 counties. Recall is the ability as a citizen to petition for a re-vote of an elected official who is believed to be ineffective. These provisions stipulate that petition signatures must be gathered from multiple parts of the state. Which election is a measure on: Next statewide or special election after the legislative session concludes sine die (21-A M.R.S.A. II, 9(c)). Verification: For each signature, county clerk verifies if the person is a registered voter (Utah Code 20A-7-306(3) and -306.3). Const. Const. XI, 2). Art. 116.060). 15, 273; Miss. Const. Another 3 % is required to qualify for the ballot if not enacted by the legislature after four months (OH Const. Must be signed by at least 100 qualified voters as sponsors. IDEA. II, 9(b)). 1953 20A-7-204). Petition title and summary creation: Proponents submit a suggested popular name, to be approved or disapproved by the secretary of state (NMSA 1-17-9). Payment on a per-signature basis prohibited; bonuses based on reliability, longevity and productivity are permitted. Each county board certifies the signatures for their county, and the secretary of state verifies the second round of petition signatures for indirect statutory initiatives (OH Const. 23 States have a popular referendum process. Art. Geographic distribution: Not more than one-fourth the of signatures shall be from one county (Const. Verification: If more than 500 names have been signed on the petition sections filed with an election official, random sampling is used to determine the number of valid voters who have signed (Elec. XVI, 2). (IC 34-1803B). Repeal or change restrictions: Amend or repeal must be approved by voters, unless the original measure permits amendment or repeal without voter approval (Cal.Const. *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. Under the constitution, an act takes effect 90 days after it is enacted. Verification: County officials ascertain whether each part-petition is properly verified, and whether the names on each part-petition are on the registration lists of such county, or whether the persons whose names appear on each part-petition are eligible to vote in such county, and to determine any repetition or duplication of signatures, the number of illegal signatures, and the omission of any necessary details required by law (ORC 3519.15). 4, ; Const. Art. 3; Const. 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. Art. So as a whole, the free. 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. Cannot relate to: religion, the judiciary, specific appropriations, local or special legislation, the 18th Amendment of the constitution, anything inconsistent with the Declaration of the Rights of the Inhabitants of the Commonwealth of Massachusetts (M.G.L.A. Subject restrictions: No law that relates to religion, religious practices or religious institutions; or to the appointment, qualification, tenure, removal or compensation of judges; or to the powers, creation or abolition of courts; or the operation of which is restricted to a particular town, city or other political division or to particular districts or localities of the commonwealth; or that appropriates money for the current or ordinary expenses of the commonwealth or for any of its departments, boards, commissions or institutions shall be the subject of a referendum petition (Const. Withdrawal of petition: The chief petitioners may withdraw at any time before submitting the total number of signatures for verification. Art. XLVII , Pt. For citation information, please contact the NCSL Elections and Redistricting team. II, 18). 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. 16.061). III, 4; Neb. An emergency law shall remain in force notwithstanding such petition but shall stand repealed 30 days after having been rejected by a majority of the qualified electors voting thereon (Const. Subject restrictions: Laws passed by a two-thirds vote of the members of each house are not subject to referendum (Const. Who can sign the petition: Qualified electors of the state of Montana (MCA 13-27-102). Subject restrictions: Prohibited subject areas include general appropriation laws; laws providing for the preservation of the public peace, health or safety; for the payment of the public debt or interest thereon, or the creation or funding of the same, except as in this constitution otherwise provided; for the maintenance of the public schools or state institutions, and local or special laws (Const. 34-1802). Recall. Repeal or change restrictions: Cannot veto, and legislature may not repeal. Next state election, and depending on type, must be submitted by September, then December, and then possibly July (see deadlines and timelines topic). Proponent organization and requirements: Application includes sponsors name, or if an organization, the names and titles of its officers, and an address (ARS 19-111). Number of signatures required: Ten % of votes cast for all candidates for governor in previous election for statutes. For constitutional amendments, signatures must be gathered from 10% of qualified electors in each of two-fifths (40) of the state's 100 legislative districts. Who can sign the petition: Any registered voter of Missouri, but each petition page can contain only signatures from one county (Mo.Rev.Stat. The ordinance is suspended from becoming effective pending the outcome of the election. For a direct initiative, unless otherwise specified, they do not take effect until five days after the date of the official proclamation by the governor (U.C.A. III, 52(b)). Same if an alternate measure is proposed (M.C.L.A. Art. But such enactment may be amended or repealed at any general regular or special election by direct vote of the people thereon (Const. Art. Cal.Elec.Code 9005; Cal.Gov.Code 12172. Const. 3, 3; NDCC, 16.1-01-09), Ohio (Const, Art. Submission deadline of signatures: Sponsors must submit signatures no later than six months before the election and can only start collecting the day after the previous general election (V.A.M.S. Which election: The secretary of the commonwealth shall submit such law to the people at the next state election (Const. If a congressional district has 90 % of the needed valid signatures, the petition fails in that district. 15, 273; Miss. Petition title and summary creation: Petition must include a summary of 100 words or less (MCL 168.482). 4, Pt. Art. Rule 2.36; Okl.St.Ann. This bill would (concise description). Pamphlet contains one-sentence statements describing the effect of a yes or no vote prepared jointly by the attorney general and the state secretary. 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. Proponents; a simple statement of the gist of the measure is included on the petition. Art. III, 3). Initiative, referendum, and recall are three powers reserved to enable the voters, by petition, to propose or repeal legislation or to remove an elected official from office. Const. Art. General election, and filed at least six months before the election with the secretary of state. 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. Timeline for collecting signatures: For direct constitutional amendments, nine months and three weeks. In Nevada, a constitutional amendment needs only a majority but must be approved in two consecutive elections (N.R.S. Code Ann. In every state, a constitutional amendment requires a vote of approval. Types allowed: Indirect citizen initiative for statutes and amendments and popular referendum. Paid per signature: Cannot be paid based on the number of signatures collected, but can be paid in general (NDCC 16.1-01-12(1)(j)). Cal.Const. Const. For indirect statutory initiatives, the timeline begins on Jan. 1 of the year preceding year in which a regular session of the legislature is held and then filed by the second Tuesday of November in an even-numbered year, or the next day. 3, 18), Who can sign the petition: Electors (M.R.S.A. 4, Pt. Art. Next general election at least four months after filing the signatures. Does the law in question take effect before the referendum vote: Not specified. 15, 273). Art. XVI, 3). What Are The Different Types And Forms Of . 4, 1, Pt. Circulator oaths or affidavits: Either the sponsor or circulator in accordance with W.S. Laws 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. For indirect statute petitions, the legislature has 40 session days to pass or reject the unchanged or unamended measure. 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. VI, Subpt. Proponents then file the measure with the secretary of state (I.C. 22-24-405). Does the law in question take effect before the referendum vote: Does not go into effect unless approved by voters (Const. Art. Petition title and summary creation: Sponsors draft title (ARS 19-101(A)). Submission deadline for signatures: Within 90 days of the adjournment of the legislature which passed the law (SDCL 2-1-3.1). Art. XVI, 2). III, 5(1) and MCA 13-27-202, Const. Petition title and summary creation: Proponents (Neb. Time period restrictions before placed on the ballot: 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 (21-A M.R.S.A. 100.371). Where to file with: Legislative council and office of legislative legal services first, and then the secretary of state (C.R.S.A. 14, 9; MCA 13-27-503; 13-27-504). 48, Init., Pt. 8). Withdrawal process of individual signature: A signature may be removed by the signer upon written application to the election authority with which the petition will be filed if the application is received by the election authority prior to the filing of that signature, or prior to the filing of that signature by the circulator who attested to that signature or by the sponsor of the petition, if it is concluded that the signature does not satisfy the requirements of this title (Elec. 250.125; 250.067; 250.127, Utah: U.C.A. No amendatory law adopted in accordance with this provision shall be subject to referendum. 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. In 18 states, the application to circulate a popular referendum petition is filed with the chief election officer. V, 3). Collected in-person: Yes (U.C.A. 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. Law 6-202). Const. Art. Allowed to pay another for their signature: Prohibited (W.S.1977 22-24-323). 3, 53. 1(3) and (7)). St. 32-628; 32-1546). OH Const. 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. If legislature amends, it does not go into effect until the original is rejected by the voters. Stat. 2, 9). Two years for collection, and deadline of four months prior to the general election. Allowed to pay another for their signature: Prohibited (NSR 295.300). II, 1g). Art. III, 5(1)). 6, 1). Groups must file reports detailing contributions received in excess of $100 in the aggregate and all other contributions and expenditures made by the group. 22-24-409). 19, 3). 293.1276 to 293.1279). California is one of two dozen states that gives voters these checks on elected officials. Art. Every state requires or offers some type of review in addition to fiscal statements. Verification: The secretary of state has 35 days to verify. 116.100). Code Ann. Collected in-person: Yes (NRS 295.0575). III, 5(1) and MCA 13-27-202). The Legislative Counsel Bureau distributes items to legislators, public libraries, newspapers and broadcasters (N.R.S. Who can sign the petition: Qualified electors and every person who is a qualified voter (Const. Who can sign the petition: Qualified voters (Const. Const. 19-121. Art. Const. Art. Ballot issue committees must file reports of contributions and expenditures on or before the fourth and second Friday immediately preceding a general election and on or before the second Tuesday after a general election. Const. Since the early 1970s, the initiative has increased greatly in popularity. First, the county clerks do a simple tally and the secretary of state totals these. S. So as a whole, the free-response section accounts for half your total AP Gov score (the other 50% comes from the multiple-choice section). 1953 20A-7-203). May be amended or repealed only by three-fourths of each house or by a vote of the electors. 901 and 1 M.R.S.A. Const. And, 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 (M.R.S.A. Const. Code Ann. 295.055). What is on each petition: Contains a summary of the subject matter, warning to signers and a statement as to paid circulators (Const. XI, 5). For constitutional amendments, generally take effect upon passage (Opinion of the Justices (1972) 287 N.E.2d 910, 362 Mass. 19, 1 and NRS 293.127563). Art. Art. An estimated fiscal impact statement must be printed with any constitutional amendment or initiated or referred measure on the ballot. Collected in-person: Yes (MCL 168.482a(5)).. Withdrawal process of individual signature: Not specified. There is a filing fee of $2,000, which is refunded if the measure qualifies for the ballot within two years (Const. Art. Several states require two officials to write or review the title and/or summary, given the importance of these items for a ballot measure. III, 5(1)). Number of signatures required: Not more than 5 % of the qualified electors, based on the total number of votes cast for governor at the last preceding gubernatorial elections (Const. II, 1a; 1b). II, 1(b) and RCW 29A.72.150).