Repeal or change restrictions: None (Const. Art. Contributions from nonresidents of the state, political committees organized outside the state or an entity that is not filed with the secretary of state for four years preceding the contribution are prohibited. 2, 9; Const. The measure can be amended by a three-fourths vote in a joint session. 3501.38), North Dakota (ND Cent. Other forms of referendum and initiative were first used in Swiss cantonal government: the facultative referendum was used in the canton of Sankt Gallen in 1831, the initiative in Vaud in 1845, and the obligatory referendum in its modern form in rural Basel in 1863 (though it had appeared in earlier forms in 1852 and 1854). Justices of the peace and county recorders may not circulate petitions (ARS 19-114). Art. All campaign finance activity must be conducted through a campaign finance entity. Circulator requirements: 18 years of age (NRS 295.0575). Any time before the final submission of signatures, the delegated proponents may write to the secretary of state to withdraw. [3] [4] However, the history of initiative and referendum in California began long before this method of creating legislation was ratified on October 10, 1911. St. 32-1408. 4, 5). Code Ann. Where to file: Secretary of state (OR CONST Art. Art. In every state, petitions must follow guidelines, which vary by state. Allowed to pay another for their signature: Prohibited (Wyo. Ballot title and summary: The secretary of the state and attorney general (W.S.1977 22-24-317). Evaluations done by lieutenant governor and Office of Legislative Research and General Counsel. Another 3% is required to qualify for the ballot if not enacted by the legislature after four months. Other requirements may include a legal warning, a statement that the petition circulator is paid, a summary of the proposed measure, the full text of the measure, the county or district where the signature was collected, a warning to signers and more. 54 53). 7-9-108). 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. Which election is a measure on: General election, but governor and legislature may call special elections (U.C.A. Art. Withdrawal process of individual signature: Secretary of state verifies the signatures for total number and from two-thirds of the counties (W.S.1977 22-24-316). 353, 354). 19, 2; N.R.S. The sponsor may file a written notice to withdraw the initiative with the secretary of state. 3, 52), Ballot title and summary: Secretary of state, approved by attorney general (V.A.M.S. And attorney general reviews legality (MCA 13-27-202; 13-27-312; 13-27-402). II, 9, a law that is the subject of the referendum continues to be effective until the referendum is properly invoked, which occurs when the board of state canvassers makes its official declaration of the sufficiency of the referendum petition (MCL 168.477(2)). Art. III, 3). 36. 106.03). If the legislature fails to enact the proposal as written, sponsors then go through a second stage of signature gathering. 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 ballot title may be distinct from the title of the law that is the subject of the petition (Utah Code 20A-7-308). Repeal or change restrictions: No veto by governor. Allowed to pay another for their signature: Prohibited (V.A.M.S. Twenty-three states have popular referendum processes. Each state has a unique way of handling the timeline and deadline for signature gathering. The measure can be amended by a three-fourths vote in a joint session. Const. Ballot title and summary: Lieutenant governor drafts a title which is limited to 25 words and must indicate the general subject area of the act and a "proposition" of not more than 50 words for each section that gives a true and impartial summary of the act being referred (Const. Massachusetts: Proponents may alter the measure in small ways after legislature reviews it. Where to file: Secretary of state (ARS 19-111). III, 3; Bernbeck v. Gale, 59 F.Supp.3d 949 (2014); 829 F.3d 643, United States Court of Appeals, Eighth Circuit. Code 9001, $2,000; refunded if measure qualifies for the ballot within two years. Reports of contributions and expenditures are due on the 12th day before an election, the 38th day after an election and the last business day of January and July of every year (ORC 3517.10). General review of petition: The revisor of statutes reviews and recommends revisions with respect to form and draftsmanship. Eighteen states require proponents to file application materials with the states secretary of state: Two states require proponents to file application materials with the lieutenant governor: Five states require proponents to file application materials with the attorney general: Four states require filing with another entity: None listed, but must register organization with board of elections. If voters reject the law, it is voided and does not take effect. The president of the Senate and the speaker of the House of Representatives have authority to designate groups of members to prepare arguments for and against amendments to the Ohio Constitution proposed by the General Assembly, a person or persons to prepare an argument for any law, section, or item submitted to the electors by referendum petition, and a person or persons to prepare an argument against any constitutional amendment proposed by initiative petition. 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. The citizen initiative process enables citizens to bypass their state legislature by placing proposed statutes and, in some states, constitutional amendments on the ballot. Which kind of direct democracy asks citizens to confirm or repeal a decision made by the government? V, 3; 34 Okl.St.Ann. Petition title and summary creation: Secretary of state and approved by attorney general (V.A.M.S. Allowed to pay another for their signature: May not use "any fraudulent means, method, trick, device or artifice to obtain signatures on a petition" (A.R.S. Art. Director of elections, with approval of the state board of canvassers, drafts a statement of purpose of not more than 100 words for the ballot. Const. 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. 4, 1, Pt. Other states vary when it comes to restrictions, ranging from specific vote thresholds on certain topics to disallowing certain issues. 295.055). These are all then submitted to the secretary of state (SDCL 12-13-25.1; 12-13-26). 3, 52(c)(i)). The high threshold for success in the double majority makes a successful referendum increasingly rare. Const. 34-1807), Circulator oaths or affidavits: Yes (I.C. unitary, 12. In what case did the Supreme Court say that purposefully drawing districts where the majority of voters For statutory initiatives, 6% of total votes cast for all candidates for governor in last general election. 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). Art. Art. Who can sign the petition: Electors (O.R.S. Circulator oaths or affidavit required: Yes (Const. Does the law in question take effect before the referendum vote: If a referendum petition is filed against a part of a statute, the remainder of the statute shall not be delayed from going into effect (Const., art II, 10(a)). __________ is the most common electoral system used in general elections in the United States. III, 4). Other subject restrictions: The initiative power extends only to laws which the legislature may enact (M.C.L.A. Code Ann. The cost of a referendum may make it less likely that it is chosen to be initiated. 34-1802). Art. II, 1g and ORC 3501.38). 3, 17(1)). Majority to pass: Yes (V.A.M.S. And attorney general reviews legality (MCA 13-27-202; 13-27-312; 13-27-402). Const. 19, 1 and NRS 293.127563). Art. Art. d. All of the above involved ideological clashes. Const. III, 8). 116.320). Public review or notice: Public may comment on public and internet posting of measure by attorney general for 30 days and then proponents may amend the measure (Cal.Elec.Code 9002). c. The proportional representation system III, 8). Code Ann. 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. Proponent organization and requirements: Must obtain certificate of review from attorney general and file petition with secretary of state (I.C. The popular referendum allows voters to approve or repeal an act of the Legislature. 116.334). 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). How does a referendum give people more of a say in government? Repeal or change restrictions: No act, law or bill approved by a majority of the electors voting thereon shall be amended or repealed by the legislature within a period of two years following such enactment unless by a vote of two-thirds of all the members elected to each house. Art. 3, 52(e) and Wyo. Cure period for insufficient signatures: Subsequent to the filing of a petition under this subtitle, but prior to the deadline for filing the petition, additional signatures may be added to the petition by filing an amended information page and additional signature pages conforming to the requirements of this subtitle (Elec. Const. II, 1c and 1g; ORC 3519.16(F). Time period restrictions before placed on the ballot: Certified ballot title is due at least 65 days before the election. 34-1812c, Maine: 21-A M.R.S.A. A "simple statement of the gist of the measure," drafted by sponsors, is printed at the top of the petition (34 OS 3). Signatures are valid for two years, but a petition can circulate indefinitely, and filed at least 30 days before Feb. 1 of the year of the general election that the measure is to be voted upon. St. 32-1416). Petition title and summary creation: Secretary of the commonwealth drafts a fair, concise summary that appears on petitions and on the ballot (Const. Art. In these states, sponsors gather a smaller number of signatures to reach the first stage of qualification and, once enough valid signatures are gathered to meet this threshold, the initiative goes before the state legislature. 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. Rev. Proponent organization and requirements: Sponsors name is part of original filing, along with the name of any committee the sponsor has formed and the names of not more than three people who can withdraw or amend the petition (NRS 295.015). This database contains state legislation related to the administration of elections introduced in 2011 through this year. Allowed to pay another for their signature: Prohibited (SDCL 12-26-15). b. trial lawyers. Amend. Where to file with: Secretary of state (Neb. 4, 1, Pt. Disclosure reports must be filed 60 days before the election, on the fifth and 20th day of each month until the election, the 20th day of November after the election and the 20th of January each year. The referendum also permits the Legislature itself to refer proposed legislation to the electorate for approval or rejection. The incumbent president chose both candidates. 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. Const. Code 9050). 2, 10; Cal.Elec.Code 9004). Art. Types allowed: Indirect initiative for statutes, direct initiative for constitutional amendments and popular referendum. Art. Art. Must be submitted to the local registrars two weeks before submission to secretary of state (M.G.L.A. 35. Nine states require filing an initial number of signatures of sponsors as part of an application to circulate a popular referendum petition. This ensures that measures are not passed by a small minority of voters, either because of a low turnout election or ballot-drop off (where voters only vote partway through a ballot). Next general election held at least 131 days after signatures are certified. Types Allowed: Direct initiative for statutes and constitutional amendments, and popular referendum, Single subject rule: Yes (MT CONST Art. If petitions are insufficient, sponsors may circulate and file a supplementary petition within 10 days of the date that notice was given if 90 days have not expired after the adjournment of the legislative session at which the act was passed. Colorado: Upon request, any agency in the executive department shall assist in reviewing and preparing comments on the petition. 15, 273). The same ballot title and popular name that appeared on petitions (drafted by sponsors) is submitted by the secretary of state to the board of canvassers for certification. Art. Most states also include requirements for verifying the authenticity of signatures. XVI, 2). We'll assume you're ok with this, but you can opt-out if you wish. 2, 9; Const. 3599.14). 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). The total number of signatures required, is 546,651. 41. 295.056. See NCSL's Initiative and Referendum Processes resourceformore comprehensive details on citizen initiatives, popular referenda and each state's laws. Const. Otherwise, they may submit an alternative measure. 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. Timeline for taking effect: 30 days after the election (Const. 2, 9). 295.0575). Art. 4, 2; Constitution 48, Init., Pt. For amendments, must be submitted for verification by the third Tuesday in June of the general election year. 295.0575), North Dakota (NDCC Const. Who can sign the petition: Qualified electors of the state of Montana (MCA 13-27-102). Types allowed: Indirect initiative for statutes, direct initiative for constitutional amendments, and popular referendum. LXXXI, 4). If a congressional district has 110 % of the needed valid signatures, the petition qualifies in that district. Who can sign the petition: Qualified electors of the state (34 OS 23). If the legislature does not enact the statute, another round of signatures is required equaling 0.5 % of votes for governor (M.G.L.A. Timeline for taking effect: When governor makes official declaration of vote but not later than 30 days after vote canvassing (C.R.S.A. Must also file with the secretary of state not less than four months before the election at which they are to be voted on (I.C. VI, 1 and Utah Code 20A-7-102). If neither receives majority, the one receiving the most votes, if it receives more than one-third of the votes given for or against both, will appear at the next statewide election to be held not less than 60 days after the vote (M.R.S.A. II, 1(b) and RCW 29A.72.150, 4% of the votes cast for the office of governor at the last election, 15% of the total ballots cast in the previous general election. 5, 1; C.R.S.A. 3, 50, 51). Repeal or change restrictions: Two-thirds vote required to amend or repeal, and governor may not veto (Ne.Rev.St. 14, 3). Timeline and deadlines for collecting signatures: First 10 signatures must be turned in by the first Wednesday of the September before the assembling of the general court . 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). Who can sign the petition: Registered voters (Const. 354). A popular referendum (also known, depending on jurisdiction, as citizens veto, peoples veto, veto referendum, citizen referendum, abrogative referendum, rejective referendum, suspensive referendum or statute referendum) is a type of a referendum that provides a means by which a petition signed by a certain minimum . Rev. 5, 1; C.R.S.A. Timeline for taking effect: 30 days after the election (Const. Proponent organization and requirements: Must follow financial statutes and file with Ethics Commission (A.C.A. ", Miss. 100.371, 101.161; F.S.A. This bill would (concise description). 2, 8). Application process information: Petition as to be circulated is filed with secretary of state prior to circulation and must include the title of the referred law, the effective date, the date of the election at which it will be submitted. Mississippi: Attorney general may confer with proponents and may recommend revisions. Application process information: Must file complete measure with the Legislative Research Council. 53 7). Allowed to pay another for their signature: Prohibited (Elec. V, 3 and OK Stat. 168.476). Withdrawal of petition: The sponsor may file a written notice to withdraw the initiative with the secretary of state (V.A.M.S. Collected in-person: Yes, in the presence of the circulator (IC 34-1807). What is necessary before a Referendum is put to the people? Art. 48, Init., Pt. That makes a total of 24 states with an initiative process. In the U.S., the terms initiative and referendum refer to processes that allow citizens of states to vote on particular pieces of legislation. III, 5). The secretary of state writes arguments for and against the measure with information provided by proponents and opponents (Neb.Rev.St. In which year did voters age 24-44 turnout to vote at a higher rate than voters age 45-64? 1-40-116). 15, 273 and Miss. Secretary of state and approved by attorney general. What two questions were put to the Australian public in the 1967 referendum? Number of signatures required: 5% of total votes cast for all candidates for governor in the last general election (Const. Art. Same if an alternate measure is proposed (M.C.L.A. Who creates petitions: Secretary of state (Neb.Rev.St. Photo identification requirement Which amendment ended poll taxes in 1964? 1-40-106; 1-40-107; 1-40-108. Const. Art. Stat. II, 1(b)). Stat. c. Nixon's failure to develop infomercials. Const. Acts making appropriations for the expense of the state government or a state institution existing at the time of the passage of such act. 1953, Const. Proponent financial disclosure requirements: Include but may not be limited to being considered political action committees, following regulations for political advertising, and the filing of contribution and expenditure reports (W.S.1977 22-1-102; 22-24-201; 22-24-306). Most of these bans have been overturned by the courts. Amend. d. unitary system, 15. Validity determined by the board of elections. Out-of-state committees that make expenditures supporting or opposing ballot propositions in Washington are required to file reports. A ballot summary is prepared by Department of Legislative Services and approved by attorney general Elec. 6), Collected in-person: Yes (34 Okl.St.Ann. 2, 9). Art. Const. Art. For constitutional amendments, 8% of total votes cast for all candidates for governor in last general election. 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. Public review or notice: Secretary of state prepares and distributes voter pamphlets to each household in the state and other locations (RCWA 29A.32.010; 29A.32.031; 29A.32.040; 29A.32.070; 29A.32.080). The states vary in the number and the baseline used to determine the number of signatures required. 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. Art. Const. Art. Art. 22-24-411). Art. Collected in-person: Yes (Wyo. 15, 273), Ballot title and summary: Attorney general (Miss. 2, 9). 1953 20A-7-208; 20A-7-702). 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. Collected in-person: Yes (Neb. 21 allow for initiated state statutes. 24 states have the popular referendum. Petitions must be submitted within 90 days of the adjournment of the legislature which passed the law. 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. Ballot measure committees must file pre-primary, pre-general, year-end and, if applicable, supplemental reports in even-numbered years. Const. CONST. Art. Repeal or change restrictions: Only laws that change vote requirements require a supermajority (OR CONST Art.II, 23; Art. Art. Who can sign the petition: Qualified electors (Const. Which election is a measure on: The next general election after signature petitions filed, a legislative session has convened and adjourned, and 120 days after the legislative session adjournment (W.S.1977 22-24-319). V, 2). XVI, 3(b)). 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). 18 allow for initiated constitutional amendments. Referendum. Public review or notice: Public may comment for 15 days on petition once it is approved for circulation, and may attend hearing held by joint committee on legislative research, with comments from that meeting made public, and newspaper publication (V.A.M.S. 5, 1). 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. 48, Init., Pt. Circulator oaths or affidavits: Yes, and must be notarized (C.R.S. A.R.S. Const. II, 1c). For indirect statute petitions, the legislature has 40 session days to pass or reject the unchanged or unamended measure. III, 3 and NDCC 16.1-01-09(2)). (21-A M.R.S.A. General election, and must file by the May before the election the measure is to be voted on. Verification: The secretary of state may verify the signatures on the petition by use of random sampling (Mo.Rev.Stat.

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