In order to receive contributions or make expenditures in excess of $1,500 in a calendar year, groups must form a committee for political action and register with the secretary of state. 53 22A; M.G.L.A. 2, 9; M.C.L.A. 6, 22), Washington (RCWA Const. 54, 53). II, 9(b) and Elec. Two states require circulators to attend a training: Twenty-two states require circulators or proponents to sign affidavits or other sworn statements as to the accuracy or authenticity of the petitions: Several of these states require such information to be included on the signature petition sheets. VI). 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. Code 23-17-60). Paid per signature: Yes (CRS 1-40-135(2). Registration is required before making an expenditure for or against a ballot measure. 3, 17). Initiative and referendum are powers granted to the electorate by the constitution of several states, and refer to the processes that allow voters to vote directly on certain legislation. For amendments, must be submitted for verification by the third Tuesday in June of the general election year. VI, Subpt. 15, 273), Ballot title and summary: Attorney general (Miss. Withdrawal of petition: The chief petitioners may withdraw at any time before submitting the total number of signatures for verification. II, 1(d)). 3, 18 and 21-A M.R.S.A. Vote requirement for passage: Majority (Const. What is on each petition: Must follow form guidelines and include signature of attorney general, affidavit of canvassers, instructions and signatures for only one county (A.C.A. Who creates petitions: The secretary of state prepares a "signature form (that) includes provisions for identification of the measure; the printed name, signature, and address of the committee member; and notarization of the signature" (NDCC, 16.1-01-07). Recall is the power to remove an elected . V, 2). Which election: Next general election (Const. General election, but governor and legislature may call special elections, and certified ballot title is due at least 65 days before the election. Where to file with: Legislative council and office of legislative legal services first, and then the secretary of state (C.R.S.A. Signatures must be filed one year prior to the election. 1953 20A-7-213). 24). Referendum is a decision for the general assembly to put a bill on the ballot. Art. Art. Art. 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. 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. 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, 3 and NRS 295.0575). Submission deadline for signatures: 5 p.m. on or before the 90th day after the recess of the legislature, or if the 90th day is a weekend or holiday, by 5 p.m. on the preceding day which is not a weekend or holiday (Const. Then the legislature rejects or accepts the proposition unchanged (U.C.A. Code 13-208 for statement of organization. As in the case of the initiative and referendum, the recall process gives citizens a chance to practice grassroots democracy by removing elected officials who are disapproved of by a majority of voters. Art. 49-1401). 3519.16. 2; 21 Okl.St.Ann. Proponent organization and requirements: At most, three people are designated as the chief petitioners and state whether circulators will be paid or not (O.R.S. Art. Types allowed: Direct initiative for statutes and constitutional amendments and popular referendum, Single subject rule: Yes (V.A.M.S. Collected in-person: Yes (AS 15.45.340(a)). Submission deadline of signatures: For statute initiatives, no later than three months prior to the election the measure is to be voted upon, and must submit to the county officials no sooner than nine months and no later than four weeks prior to the final deadline (MT CONST Art. Art. Cure period for insufficient signatures: If a petition is insufficient, a period of 20 days is allowed for correction (Const. Time period restrictions before placed on the ballot: At least 30 days must pass between the filing of the petition and the election (Const. 19, 1). Democracy Definition Examples Cases Processes. V 1). Circulator requirements: Must be 18 years old, complete training from secretary of state and present specific identification to notary (C.R.S. In all other cases, an act that is subject to the referendum remains in effect until it is rejected at an election (MCA 13-27-105(3)). 5 1; 7-9-122), Maine (M.R.S.A. 5, 11; Art. Director of the Legislative Research Council prepares a fiscal note as requested. 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. Majority to pass: Yes (OK Const. Regular election unless otherwise ordered by Legislative Assembly, and restrictions of four months prior to the general election. Next statewide or general election, whichever comes first that is not less than 60 days after the petition is submitted, At the next ensuing election held throughout the state for members of the U.S. House of Representatives. Subject restrictions: Such laws as may be necessary for the immediate preservation of the public peace, health, safety or support of the state government and its existing public institutions are not subject to referendum (Const. The veto power may be exercised only against entire bills, and it may not be exercised upon sections of bills except in the case of appropriation bills (1963 Alas. Code 82013, 84101, 84107, 84200, 84200.8, 84202.3 and Elec. Fiscal statement is included in voter pamphlet as is other information. Art. XVI, 1; Art. Art. 53 7. III, 4). Law 7-103(c)). 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. In 2021, Idaho passed, Collected in-person: Yes (I.C. A person may not be a circulator who has had a penalty for violation of title 16 (election laws) or title 19 (initiative and referendum laws) in the past five years, has been convicted of treason or a felony and has not been restored to civil rights, or has been convicted of any offense related to fraud, forgery or identity theft (ARS 16-114(D). Art. Art. Art. LXXXI, 4). St. 32-1405). 15, 273; Miss. Art. Types allowed: Citizen initiative for statutes and popular referendum, Other subject restrictions: No restrictions (Const. Petitions carried by paid circulators must be filed on a monthly basis. 4, 3; Constitution 48, Init., Pt. General review of petition: The secretary of state will appoint two, three-person committees, one for and one against the measure. 295.009, Ohio: Const. They are an effort to ensure that petition signers do not represent just the interests of heavily populated areas. 130.110; 130.120; 130.029; 130.046; 130.041). 16, 6; N.R.S. Timeline for taking effect: Thirty days after the election (Const. Law 16-401(a)(1)). Submission deadline of signatures: Six months before the general election (ILCS Const. e. laws enacted by the federal government., When Californians themselves originate and pass laws, the process they use is called the a. indirect . 23-17-1), Proponent organization and requirements: Statement of organization if operating financially (Miss. Number of signatures required: 10% of those who voted in the preceding general election (AS 15.45.370(2)(A)). Art. Art. 2). 2, 3). Rev. In an example we calculated the variance and standard deviation for Location 1 of Gilotti's Pizzeria restaurants. Office of the Legislative Fiscal Analyst conducts an estimate and description of funding sources. Art. Art. For indirect initiatives, about nine months (proposed measure submitted within 10 months of the session it is to be submitted at with a deadline of 10 days before the session) (RCWA 29A.72.030). Application process information: Ten voters must sign and submit the petition to the attorney general by the first Wednesday of the August before the assembling of the general court into which it is to be introduced (M.G.L.A. Where to file with: Division of Elections (F.S.A. Art. For indirect initiatives submitted to the legislature, 4% of the number of active voters in the state on Jan. 1 immediately following the last regular general election. Who can sign the petition: Qualified electors (NDCC 16.1-01-09(2)). Art. Code 23-17-37). Art. In all states, a qualified popular referendum may be placed on the ballot in a statewide general election. 250.065), Time period restrictions before placed on the ballot: Four months prior to the general election (OR CONST Art. If the referendum question gains enough "yes" votes, then . 3, 2; NDCC, 16.1-01-17). Const. One of three authorized people must submit a notice of withdrawal with the secretary of state. Art. Note: It is unclear whether the following language applies only to initiatives or also to referenda: This Article does not permit the proposal of any statute or statutory amendment which makes an appropriation or otherwise requires the expenditure of money, unless such statute or amendment also imposes a sufficient tax, not prohibited by the Constitution, or otherwise constitutionally provides for raising the necessary revenue., 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. OH Const. 2, 9; Const. The secretary of state shall not accept for filing any initiative or referendum petition which interferes with the legislative prerogative contained in the Constitution of Nebraska that the necessary revenue of the state and its governmental subdivisions shall be raised by taxation in the manner as the legislature may direct (NRS 32-1408). V, 3; 34 Okl.St.Ann. Application process information: Must file a copy of the measure with the secretary of state and the sponsor; as an individual or acting on behalf of an organization, must file an affidavit. 21 1). Legislature or other government official review: After certification for the ballot, the joint committee on legislative research holds a public hearing in Jefferson City to take public comments regarding the measure (V.A.M.S. 34-1807), Circulator oaths or affidavits: Yes (I.C. If 20 % or more of signatures on any part are invalid, then the burden to prove the rest are valid falls on the sponsors (Ark. (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. For direct initiatives, signatures must be submitted by Feb. 15 immediately before the next general election. General review of petition: The revisor of statutes reviews and recommends revisions with respect to form and draftsmanship. 7-9-111. 2, 10). 1953 20A-7-202). Art. Collected in-person: Yes (Utah Code 20A-7-303(3)). II, 1g; O.R.C. 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. 4, Pt. Number of signatures required: 2% of the entire vote cast for governor at the preceding biennial state election (Const. Code 84200.8). Proponent financial disclosure requirements: Reports of expenditures and contributions received are required quarterly in non-election years and monthly, March through November, in election years. Const. Laws 168.471. 8). 250.105). 32-1405.01; 32-1405). V, 1(4)(a)). Where to file with: Secretary of state (Neb. Who can sign the petition: Electors of the state (OH Const. 168.472), Oklahoma (OK Const. III, 2). 8). Code Ann. What is on each petition: The format of the petition may be submitted to the chief election official of the appropriate election authority, in advance of filing the petition, for a determination of its sufficiency (Elec. Repeal or change restrictions: For statutes, may not be repealed by the legislature within two years of its effective date (Const. Public review or notice: Thirty day comment period, with comments published along with explanatory statement and fiscal review, publicly accessible on internet and in a pamphlet. 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. 55 1, 6B, 7A, 18C, 18). 7-9-107). 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., MS Const. Art. 903-C). Circulator oaths or affidavit required: Yes (Const. Proponents must file reports of payments made to signature gatherers. Thirty percent in Massachusetts (Massachusetts Constitution 48, Init., Pt. Subject restrictions: The power of referendum does not extend to acts making appropriations for state institutions or to meet deficiencies in state funds (Const. 2, 8). 7-9-107). May only amend structural and procedural subjects contained in Article IV. 15, 273). The legislature may submit a competing measure to the ballot (M.G.L.A. Submission deadline for signatures: Not later than 90 days after the final adjournment of the legislature; if the deadline falls on a Saturday, the office of the secretary of state must be open from 8 a.m. to 5 p.m. that day (Const. 34-1805), Geographic distribution: Six % of the qualified electors at the time of the last general election in each of at least 18 legislative districts, out of 35 total districts (I.C. Const. Withdrawal of petition: None, the withdrawal process specified in statute applies only to initiative petitions (CRS 1-40-134). Proponents write title (M.G.L.A. 3, 51; V.A.M.S. 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. The guidelines for the format and content of petitions vary by state. 14, 3). Proponent organization and requirements: Must sign affidavit and must refile after recommendations (RCWA 29A.72.010; 43.07.120; 29A.72.020; 29A.72.040). Art. Vote requirement for passage: Majority (SDCL 2-1-12). 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. For statutory initiatives, 6% of total votes cast for all candidates for governor in last general election. What is on each petition: Must include a summary of not more than 100 words of the purpose of the proposed question, statement by signers, warning and check boxes to indicate whether circulator is paid or volunteer (MCL 168.482). Timeline for taking effect: 10 days after the official declaration of the vote (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. Application process information: Petitioners file a statement containing the object of the petition and the text of the measure with the secretary of state, together with a sworn statement containing the names and street addresses of every person, corporation or association sponsoring the petition (NRS 32-1405). The requirement states that a petition must garner valid signatures from six of the state's nine congressional districts that equal 5 % (for a statutory proposal) or 8% (for a constitutional proposal) of the votes cast for governor in that district in the last election. 168.22e; 168.476; 168.477; 168.480). Here are the pros and cons of referendums to consider. Monthly reports are due on the 10th for any preceding month in which total contributions received or total expenditures made exceed $200 (RCW 42.17A.235). 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). 6. a. to make a difference b. to lead by example c. to give hope d. pleasant They are not synonyms of the other words in each group. Art. 1953 20A-7-205; 20A-2-105). Fiscal review: Prepared by legislative council (CRS 1-40-105.5). Art. States may limit the subject matter of popular referenda. Vote requirement for passage: Majority (Utah Code 20A-7-209). In California (Cal.Const. Must be submitted to the local registrars two weeks before submission to secretary of state (M.G.L.A. 1953, Const. General review of petition: Secretary of state, along with revisor of statutes, may reject petition application if it does not conform to drafting conventions for statutes (21-A M.R.S.A. Which election: Next succeeding election at which the question may be voted upon by the voters of the entire state (Const. Art. Legislator proposes a law, voters vote on it. Timeline for taking effect: Takes effect five days after the official proclamation of the voter by the governor or the effective date specified in the proposed law, whichever is later (Utah Code 20A-7-311). There are exceptions, such as in Mississippi, where someone can withdraw a signature if it was signed as a result of fraud, coercion, or being intentional mislead as to the substance or effect of the petition (Miss. Repeal or change restrictions: Majority of legislature may repeal or alter any statute measure (OK Const. Submission deadline for signatures: Not less than four months prior to the next general election (Const. Allowed to pay another for their signature: Prohibited. 250.045). III, 3, Neb. Paid per signature: May be paid but not on number of petitions circulated or signatures obtained. 3501.38). Collected in-person: Yes, in the presence of the circulator (IC 34-1807). If statistical sampling shows that the number of valid signatures is between 95-110% of the number required, an examination and verification of signatures is conducted (Elec. What is on each petition: Must contain the full, true copy of the proposed measure on it on the backside or attached to it, and follow prescribed form and language, including a warning (Miss. 2, 8. 901 and 1 M.R.S.A. Colo. Const. Statewide election or a special election called by the governor, Next regular or general election that occurs 125 days after filing, Const. And published in newspaper (F.S.A. We will meet Mark . The timelines for signature gathering for popular referenda differ significantly from those for initiatives. All three have in common the fact that, at some point or other, the people vote on them; and in most cases, the vote of the people is final. 250.045). 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. Who can sign the petition: Registered voters of the state (Const. 11 5, Idaho: I.C. A ballot question committee includes any person, located within or outside Arkansas, who receives contributions or makes expenditures for the purpose of expressly advocating the qualification, disqualification, passage or defeat of any ballot measure. These requirements vary widely, most often including newspaper publication, other public displays such as posting on the internet, or public comment periods. 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. Types allowed: Direct initiative for statutes and amendments and popular referendum, Single subject rule: Constitutional amendments only, not statutes (A.R.S. III, 8). Depending on the nature of the particular plebiscite, the result may be binding or it may be only advisory. Art. 54 53. Thirteen states require a simple majority to pass statewide ballot measures: Alaska, Arizona, Arkansas, California, Idaho, Maine, Michigan, Missouri, Montana, North Dakota, Ohio, Oklahoma andSouth Dakota. Stat. 22-24-405). IV, pt. Art. Vote requirement for passage: Majority (Const. Art. Art. Otherwise the secretary of state in consultation with the attorney general writes a concise summary (NDCC 16.1-06-09). 293.1276 to 293.1279). 54 42A, 53; M.G.L.A. LXXXI, 4). Rev. Art. 7-9-107). Art. III, 52(a) and 53). Must include official language from attorney general, the measures full text, and the legislative district from which the signatures were collected (I.C. Prior to receiving a contribution or making an expenditure, a campaign must designate a treasurer by filing with the secretary of state. Proponent financial disclosure requirements: Include but are not limited to being a ballot question committee is treated as a type of political committee, filing electronic campaign finance reports, where a committee can spend, and unlimited contributions to a ballot question committee (M.G.L.A. Const. Art. 3501.38; 3519.05). 3, 3; NDCC, 16.1-01-09). 3519.01 and 3519.05(C). Law 6-202). Nine states do not include a process in statute for an individual to withdraw his or her signature. III, 52(a) and Mo.Rev.Stat. Art. 4, Pt. 3501.38), North Dakota (ND Cent. Constitution 48, Pt. Const. After translating an article, all tools except font up/font down will be disabled. Art II, 9). Then the clerks verify the signatures; with a random sample of at least 500 or 5 % of the petition district's signatures. V, 3 and 34 OS 1, 4 and 8). 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. Art. Rev. Majority to pass: Yes, except two-thirds majority is need in the case of laws changing rules regarding the taking of (U.C.A. Allowed to pay another for their signature: Prohibited (ACA 7-9-103(c)). III, 3); next general election after the petition is regularly and legally filed with the secretary of state (NRS 32-1411). 5, 1). Ballot title and summary: The secretary of state and the attorney general also jointly make a more descriptive ballot question summary to be sent to voters. Verification: Random sampling (CRS 1-40-116). 1953 20A-7-202), Proponent organization and requirements: At least five sponsors must apply (U.C.A. If it passes, it becomes law. A list of the initiative, referendum, and recall . Art. Circulator oaths or affidavit required: Yes (Const.
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