Where to file: Secretary of state and attorney general (ORC 3519.01(B)). Collected in-person: Yes (Neb. Allowed to pay another for their signature: Prohibited (ORS 260.558). Public review or notice: None other found.. Circulator requirements: 18 years-old and US citizen and sworn oath by an official sponsor of the initiative as to the identities of the proposed circulators (W.S.1977 22-24-306). 1-40-108). Proponent financial disclosure requirements: Must file a statement of organization as a political committee within two weeks of organizing or within two weeks of the date the first contribution or expenditure is expected (RCW 42.17A.205). Attorney general prepares abstract to be posted at polling places (A.C.A. Art. Const. Geographic distribution: The required signatures must be distributed equally among all of the petition districts (NRS 295.012 and NRS 293.127563). The petition and affidavit are prescribed by the state board of elections and follow administrative rules (SDCL 2-1-1.1; 2-1-1.2; South Dakota Administrative Rules 5:02:08:07). 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). Withdrawal process of individual signature: After the petitions are submitted for signature verification, individual signatures may not be removed (ORS 250.025). Art. Art. Art. II, 9(b) and Elec. 19-112; 19-121.01). V, 1(3), "The filing of a referendum petition against any item, section, or part of any act shall not delay the remainder of the act from becoming operative.". V, 2). 295.056. Number of signatures required: 5% of total votes cast for governor at last election (OK Const. III, 5(1) and MCA 13-27-301. Art. Legislature reviews the measure as submitted to it by the proponents. If the legislature does not enact the proposition, then proponents may collect the additional 5% signatures required to get the measure onto the ballot. States vary in how they verify the collected signatures. 48, Init., Pt. Conflicting measures: No statute found other than if the attorney general determines that their subject/purpose/effect are similar, they will give them identical ballot titles (OR Rev. Amend. Application process information: Must file an exact copy as found in 34 Okl.St.Ann. Repeal or change restrictions: No veto by governor. Legislature or other government official review: The chief petitioner may amend the initiative without having to re-submit if the attorney general reviews the changes and certifies that it does not change it substantially (O.R.S. required vocational training programs for children. Verification: For each signature, county clerk verifies if the person is a registered voter (Utah Code 20A-7-306(3) and -306.3). 1953, Const. If raising more than $5,000 in a year, the entity must register as a ballot question committee. Q. V, 1(3)). 23-17-17; 23-17-19, Montana: MCA 13-27-201; 13-27-202; 13-27-204; 13-27-207, Nebraska: Neb.Rev.St. Stat. 2, Sec. Arizona (Const. Timeline for collecting signatures: Eighten months. 55 1, 6B, 7A, 18C, 18). Which election: Next general election (Const. Code 13-309). Art. 1-40-106, 1-40-124.5). For amendments, must be submitted for verification by the third Tuesday in June of the general election year. question. 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. 106.03). Art. Application process information: At least five sponsors must apply, each of whom is registered to vote in Utah. 3, 1 and SDCL 2-1-1 and 2-1-5). 2, 3). General assembly members opposing the amendment may prepare or designate others to prepare a brief argument against such amendment, submitted to attorney general (5 ILCS 20/2). If the random sample verification establishes that fewer than 95% of signatures are valid, the petition is deemed insufficient. They also randomly select signatures on each page and compare them to the electors' signatures in the registration records. 168.482). Proponent organization and requirements: Must file as political committee (F.S.A. 48, Init., Pt. Withdrawal process of individual signature: Yes, before May 15, signer submits request to county clerk (U.C.A. This practice was first adopted by the state of Connecticut in 1818, and by the 20th century it had become the prevailing way of changing constitutions. Fiscal review: Office of Fiscal and Program Review prepares (1 M.R.S.A. Art. Art. Amend. II, 18). Majority to pass: Majority and at least 35 % of the total votes cast in the entire election (Ne.Rev.St. Art. 23-17-1), Proponent organization and requirements: Statement of organization if operating financially (Miss. 3, 18). Proponents write title. Withdrawal process of individual signature: File a written request including the voter's name, residence address and signature with the appropriate county elections official prior to the day the petition is filed (Elec. Verification: The qualified voter file shall be used to determine the validity of petition signatures by verifying the registration of signers and the genuineness of signatures on petitions when the qualified voter file contains digitized signatures. 116.115). Only 20 signatures allowed per sheet and each sheet is from one county. With the assistance of the secretary of state, the attorney general shall prepare a brief explanatory statement that must fairly describe the intent and content and what a "yes" vote favors and a "no" vote opposes (1 MRS 353). Twenty-three states have a popular referendum process. 250.048; OR CONST Art. Where to file with: Attorney general and secretary of the commonwealth once approved (M.G.L.A. 116.110) to the simple crossing out of ones name in Idaho (I.C. Same if an alternate measure is proposed. Proponents; a simple statement of the gist of the measure is included on the petition. Const. VI, Subpt. Number of signatures required: Eight % of the total number of legal voters for statutes. 23 States have a popular referendum process. No appropriations or other new revenues not provided for in the measure. Proponent financial disclosure requirements: Include but are not limited to contribution limits and reports (F.S.A. 7-9-105), Withdrawal process of individual signature: No statute. Withdrawal of petition: Proponents may do so any time before measure qualifies for the ballot, 131 days before the general statewide election (Cal.Elec.Code 9033, 9604). Const. 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). Alaska: 1959Arizona: 1912Arkansas: 1920California: 1911Colorado: 1910Idaho: Constitutional provision adopted1912, laws specifying mechanics adopted 1933Maine: 1908Maryland: 1915Massachusetts: 1917Michigan: 1908Missouri: 1908Montana: 1906Nebraska: 1912Nevada: 1904New Mexico: 1911North Dakota: 1914Ohio: 1912Oklahoma: 1907Oregon: 1902South Dakota: 1898Utah: 1900Washington 1912Wyoming: 1968, Four states have no restrictions on what sorts of laws can be subjected to the popular referendum: Arkansas, Idaho, Maine and North Dakota. and the remainder of the required signatures shall be filed not later than the first Wednesday of the following December. After review by legislature, the second 0.5 % of signatures are to be collected between mid-May and July. This wording must be used: Shall a law (here insert description, and state, in distinctive type, whether approved or disapproved by the general court and by what vote thereon) be approved?, No statute found; see Michigan Manual 2009-2010, p. IX-2. 12; 25). Art. Circulator requirements: 18 years old and a resident of South Dakota; no registered sex offender may circulate a petition unless the person is in the employ of and under the immediate supervision of another person and under circumstances with preclude any contact with children (SDCL 12-1-32 through -34). Art. 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)). 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. Some of these geographic distribution requirements have been found to be unconstitutional, largely on one person, one vote grounds. Art. Art. Number of signatures required: For statute, 8 % of the total votes cast for governor in the last general election. IV, pt. Idaho: Within 20 days after initial petition filing, attorney general reviews and recommends revisions in an advisory capacity. Art. Proponent financial disclosure requirements: Include but are not limited to reporting for contributions over $1,000, restrictions on what organizations can support, disclosure statements, semi-annual and pre-election statements, quarterly ballot measure statements, expedited and triggered statements and more (Cal.Gov.Code 82013, 84200, 84202.3, 85309, 84511, 84101, Cal.Elec.Code 18680; Form 460). Amend. Art. For direct measures, four months from the election (RCWA 29A.72.030). Stat. 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. 4, Pt. 116.030 and .050; includes warning to signers, bill number and title, circulator's affidavit, and full text of the measure. Const. III, 3 and NRS 32-1407). 48, Gen. Art. II, 9). Types allowed: Indirect initiative for statutes, direct initiative for constitutional amendments, and popular referendum. 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 (NRS 49-1401). Stat. 5, 1). The first statewide general, special, special runoff, or primary election after the petition has been filed, a legislative session has convened and adjourned, and a period of 120 days has expired since the adjournment of the legislative session. Colorado: Upon request, any agency in the executive department shall assist in reviewing and preparing comments on the petition. Proponents submit descriptive ballot title reviewed by attorney general. Circulator requirements: Age 18 (Neb. Legislature or other government official review: Upon request, the legislative service office or any agency in the executive department shall render assistance in reviewing and preparing comments on the proposed bill. Art. For statutory initiatives, 7% of votes cast for governor in last election. Art. 3, 19). Const. Proponents may suggest title (OH Const. But if insufficient funds for the measure, it is effective 45 days after the next convening regular legislative session. Additional statements for ballot measure committees are due April 30 and Oct. 31 (Govt. 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. V, 1(3)). 1953 20A-7-201; 20A-7-208). 2, 3; M.G.L.A. Some definitions of 'referendum' suggest it is a type of vote to change the constitution or government of a country. Stat. Art. Where to file with: Secretary of state (NDCC Const. It is referred to the attorney general for approval (Mo.Rev.Stat. For indirect statutory initiatives, after turning in original 3 percent of signatures, proponents must return next batch of signatures (another 3 percent) within 90 days of the legislature not enacting or amending a measure. May only amend structural and procedural subjects contained in Article IV. Const. 116.320). After chance for comment by all legislators, the legislative council prepares an impartial analysis with description, background information and likely effects (A.R.S. Public review or notice: The secretary of state and county clerks post items to the secretary of states website and newspapers. Withdrawal of petition: The sponsor may file a written notice to withdraw the initiative with the secretary of state (V.A.M.S. Const. Petition title and summary creation: Attorney general (RCW 29A.72.060). 116.334). Petitions must be submitted not more than 90 days after the end of the session at which the act was passed. Reports of contributions and expenditures must be filed no later than the eighth day before the election, the 30th day after an election and the 15th day following the close of each calendar quarter. 168.473b). Petition sheets will always include space for signatures. Where to file: Secretary of state (Const. concerning (statement of subject) and voters have filed a sufficient referendum petition on this bill. Const. 168.482; 168.544c). All of the chief petitioners must sign the form to withdraw. In some states, the legislature or governor may order a special election for a measure. How to Write an Initiative? Simply copying another student's . Most states require proponents of a proposed law to follow guidelines. Application process information: Proponents submit petition signed by 20 voters. Const. What is a RECALL? IV, 1). Where to file: Secretary of state (Const. Stat. Timeline for taking effect: Upon approval by the voters (Const. Seventeen states do not provide for any limitation on attempting to repeat a specific measure: Alaska, Arizona, Arkansas, California, Colorado, Florida, Idaho, Illinois, Maine, Michigan, Missouri, Montana, Nevada, Ohio, Oregon, South Dakota and Washington. Art. 168.482; 168.544c). The same safe and trusted content for explorers of all ages. Fifty percent in Wyoming (W.S.1977 22-2-117). Paid per signature: May be paid (Ark. Six states (California, Maine, Massachusetts, Nebraska, Ohio and Wyoming) require a certain number of days, ranging from 30 to 180, to pass between the date the petition qualifies and the election. Petition must be filed with county officials not later than 15 days following the primary election. 3519.16. Ballot title appears on the petition (RCW 29A.72.120). Various forms of I&R have existed in the United States since the 17th century, beginning in New . Art. Art. The use of the device gained momentum with the emergence of groups concerned with specific issues such as civil rights, abortion, capital punishment, nuclear power, tax policies, handgun control, and the environment. General review of petition: None other found. Art. 250.125). Art. 2, 4, Pt. Stat. Tit. Law 13-202). Const. LXXXI, 4). 6; 6.1). Geographic distribution: No more than one-quarter of signatures may come from a single county (M.G.L.A. 3, 6; NDCC 16.1-06-09; and NDCC 16.1-01-17). Once this power is secured the other popular govern-ment features will be added, until conventions, the ready instru-mentality of the political dictator, will be abolished and the direct primary, corrupt practices act and recall will be established. Ohio: Reviewed by attorney general and Ohio ballot board, which also writes pro or con statements if not supplied. Art. 273; Miss. . If signatures are determined to be insufficient, an additional 10 days is allowed to gather more signatures. Revised statutes now require that signatures be equally collected among all the petition districts (congressional districts). 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. 22-24-407). Records must be kept of contributions and expenditures. 48, Pt. Legislature or other government official review: Office of Legislative Research and General Counsel prepares an impartial analysis of the measure, to be included in voter pamphlet. Majority to pass: Initiative amendments proposed by the people and their legislative substitutes must receive at least 30 % of the total number of ballots cast in the election and a majority of the voters voting on the measure (Massachusetts Constitution 48, Init., Pt. Art. Art. 5, 1). Disclosure of advertisements is required. Circulation may begin once the attorney general has drafted a circulating title and summary; petition must be submitted within 90 days after the enactment date of the statute. Constitution 48, Init., Pt. Const. Withdrawal process of individual signature: Any person who alleges they signed as a result of fraud, coercion, or being intentional misleading as to the substance or effect of the petition, may withdraw their signature by filing an affidavit with the secretary of state any time before the secretary of state has accepted and filed the petition (Miss. Repeal or change restrictions: Governor may not veto. 168.471; 168.472). Cal.Elec.Code 9005; Cal.Gov.Code 12172. Sponsors of advertising must file a report within 24 hours of the time the advertisement is published, mailed or otherwise revealed to the public if the advertisement qualifies as an independent expenditure or has a fair market value or actual cost of $1,000 or more (RCW 42.17A.260). Art. Const. Regular election unless otherwise ordered by Legislative Assembly, and restrictions of four months prior to the general election. Code 100). e. laws enacted by the federal government., When Californians themselves originate and pass laws, the process they use is called the a. indirect . VI, 1 and Utah Code 20A-7-301(2)). 116.334). Attorney general certifies submitted title and measure and summary by secretary of state, with attorney general oversight. 1953, Const. Less than 95 % accurate fails the petition, greater than 110 % qualifies, and between requires a check of every signature (Cal.Elec.Code 9030, 9031, 9033; Cal.Admin.Code 20530, 20531, 20532, 2054). 2, 8. Art. Who creates petitions: Secretary of state reviews the petitions (SDCL 2-1-1.1; SDCL 2-1-1.2). Application process information: Original draft of petition must be submitted to secretary of state before circulating, including a suggested popular name; secretary of state approves and certifies both or disproves and specifies each deficiency (NMSA 1-17-8). Collected in-person: Yes, in the presence of the circulator (IC 34-1807). A warning to signers is required (CRS 1-40-110). Submission deadline of signatures: Must be 120 days before the election it is to be voted upon (NDCC Const. Maine: Secretary of state, along with revisor of statutes, may reject petition application if it does not conform to drafting conventions for statutes. Petition title and summary creation: Petition bears the title of the bill it seeks to repeal (Mo.Rev. 4, Pt. XLVII, Pt. Const. Oklahoma: 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. 7-9-111). 3, 24). 10% of total votes cast in previous general election, 5% of votes cast for all candidates for governor in previous election, 6% of total votes cast for the office of governor in the last general election, 5% of votes cast for all candidates for governor in the last gubernatorial election, 5% of votes cast for secretary of state in last election, 6% of the qualified electors at the time of the last general election, 10% of the total votes cast for governor in the last gubernatorial election, 3% of the votes cast for governor at the preceding biennial state election, 2% of the entire votes cast for governor at the preceding biennial state election, 5% of total votes cast for all candidates for governor in the last general election, 5% of the total vote cast for governor at the last election. Every state also includes requirements as to how the authenticity of signatures are verified, and constitutional amendments often require more signatures than statutory changes. 3, 1; SDCL 2-1-6). Thirteen states require publication in a newspaper: Arizona, Arkansas, Florida, Illinois, Maine, Michigan, Missouri, Montana, Nebraska, Nevada, Ohio, Oklahoma and Utah. 19-112). The committees select a chair and may prepare arguments and rebuttals, which will be reviewed by the secretary of state for the ballot (N.R.S. 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. Const. 5, 1; M.G.L.A. Eight% of votes cast for the office of governor at last regular gubernatorial election prior to submission of the signatures for verification. 3, 19). A criminal records check is conducted (ORS 250.048). Legislature or other government official review: No additional review. An optional random sampling process must be provided. Who can sign the petition: Qualified electors of the state of Montana (MCA 13-27-102). Full text of the measure must be attached (A.C.A. 901), Proponent organization and requirements: Any organization supervising or managing petition circulation must register with secretary of state (21-A M.R.S.A. Montana: Reviews done by attorney general and legislative services division. Rev. 2, 8, 12). Application process information: File with the secretary of state an application containing the act to be referred. For statutory initiatives, must be submitted to be verified before appearing before the legislature on the second Tuesday in November in even-numbered years, or the next day (N.R.S. Proponent financial disclosure requirements: Include but are not limited to quarterly reporting and following rules set by board of elections (10 ILCS 5/9-15). IV, 1(3)). Rev. Circulator requirements: At least 18 years old,a Utah resident and paid circulators must wear badges (Utah Code 20A-7-303(3)). Code Ann. Withdrawal process of individual signature: May cross out signature on petition prior to submission to clerk or by written statement expressing wish for withdrawal after the petitions are turned in to the clerk (I.C. 5, 11; MACo v. The State of Montana, MT 267, 2017). Withdrawal of petition: One of three authorized people must submit a notice of withdrawal with the secretary of state (N.R.S. 1, Part 2). II, 1b), Types allowed: Direct statutory and constitutional amendment initiatives, and popular referendum, Single subject rule: Yes (OK Const. 353, 354). Art. Petitions always include a title and/or summary of the proposed measure, although who writes this information varies. Withdrawal process of individual signature: Can file a request with the county clerk any time before the petition is filed (NRS 295.055). Recall, the device by which voters may remove public officials from office, also originates with the people. States may limit the subject matter of popular referenda. Find and create gamified quizzes, lessons, presentations, and flashcards for students, employees, and everyone else. 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. Art. Sponsors draft summary and submit to board of state canvassers for approval. No amendment may change more than one section, no appropriations, and no local or special laws. Time period restrictions before placed on the ballot: No additional other than deadlines, Majority to pass: Yes (MT CONST Art. III, 2. Art. Proponent organization and requirements: Original filing includes the names and street addresses of every person, corporation or association sponsoring the petition (NRS 32-1405). In 2021, Idaho passed SB 1110, which would have required signatures from 6% of the qualified electors at the time of the last general election in all 35 legislative districts, but in August 2021, the Idaho Supreme Court blocked implementation of that law. 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. 3, 4; Art. Petition sponsors may not gather signatures without first forming a ballot issue committee. IV, pt. Withdrawal process of individual signature: A registered elector who signs a petition may withdraw his or her signature from the petition by filing a written request for such withdrawal with the secretary of state at any time on or before the day that the petition is filed with the secretary of state (CRS 1-40-109(3)). Const. Pamphlet contains one-sentence statements describing the effect of a yes or no vote prepared jointly by the attorney general and the state secretary. States have rules in place to govern what legislatures or governors can do to citizen initiatives once they pass. Code 9050). 5, 1; Amend. No more than one-quarter of signatures may come from a single county, 5% in each of two-thirds of the congressional districts, 5% of the vote cast for governor at the preceding election from at least one-third of legislative districts, Neb. Art. For direct constitutional amendments, it is nine months and three weeks. It fails if under 90 % and qualifies if at least 100 % (N.R.S. 2, 3; Const. Const. 34-1821), Number of signatures required: Six % of the qualified electors at the time of the last general election (I.C. 1(9) and ARS 19-112). initiative referendum and recall are examples of quizlet . Public review or notice: The attorney general submits a draft ballot title and the public may submit written comments regarding it, which the attorney general may use to revise the title. Colorado and Florida require a supermajority to pass a constitutional amendment: 55 percent of voters in Colorado (C.R.S.A. Geographic distribution: Yes, signed by qualified voters equal in number to 15% of those resident in at least two-thirds of the counties of the state, as determined by those who voted in the preceding general election in that county (Const.