5, 57; Art. 19-111; 19-124). 12, 2), Mississippi (MS Const. Who creates petitions: None defined, although the secretary of state reviews and processes the petition, along with the attorney general and the Supreme Court (34 Okl.St.Ann. III, 1). Art. In the U.S., the terms initiative and referendum refer to processes that allow citizens of states to vote on particular pieces of legislation.. 3, 6). Conflicting measures: Measure receiving most affirmative votes prevails, even if it did not receive the greatest majority of affirmative votes (V.A.M.S. Art. 250.045). Art. There has been one exception: The case Initiative and Referendum Institute v. Jaeger (2001) in North Dakota upheld the ban on paying per signature. II, 1g and ORC 3501.38). 295.300), Number of signatures required: Ten % of the votes cast in last general election (N.R.S. 32-630; 32-1546), Number of signatures required: For statutory initiatives, 7 % of votes cast for governor in last election. 7-9-105). Art. If amended, expires or is rejected, it goes onto the ballot. Michigan: The director of elections, with the approval of the board of canvassers, prepares a statement of designation for the ballot. 3, 52(e) and Wyo. N.R.S. VI, Subpt. A petition for direct initiative that is approved by the secretary of state and submitted to the legislature must be afforded a public hearing conducted by the joint standing committee that has jurisdiction over the subject matter. VI). Timeline for collecting signatures: Six months to turn in signatures once petitions have been titled and certified for circulation (C.R.S.A. Ballot title and summary: Secretary of the commonwealth drafts a fair, concise summary that appears on petitions and on the ballot (Const. 116.025). Const. Art. These may be accepted or rejected. 22-24-410). Art. No amendment may change more than one section, no appropriations, and no local or special laws. 15, 273; Miss. 295.012; 293.127563; Angle v. Miller, 2010, 722 F.Supp.2d 1206. Ten states allow the legislature to alter or change measures without any time limits or supermajority requirements: Seven states have supermajority requirements for changing a measure (the other states require only a regular majority, although some enforce a time period). Proponent organization and requirements: The sponsors must delegate a committee of three to five people to represent them, and must file if any signature gatherers will be paid (O.R.C. 2 with the secretary of state (34 Okl.St.Ann. Persons involved in a statewide initiative or referendum process are subject to the provisions of the Nebraska Political Accountability and Disclosure Act. Art. The filing procedure described in statute does not appear to apply to referendum petitions, every initiative petition for a proposed law or amendment to the state constitution (CRS 1-40-105). Successful ballot initiatives can create, change or repeal state and local laws . Ballot title and summary: The official title of the bill that is subject to the referendum appears on the ballot. Art. Art. Art. Collected in-person: Yes (U.C.A. Application process information: File an exact printed copy of petition as it will be used for signature gathering (A.C.A. If both are approved, the one receiving the greatest number of affirmative votes prevails (34 Okl.St.Ann. Where to file: Attorney general, then petition goes to secretary of state (Cal.Elec.Code 9001, 9004; Cal.Const. Number of signatures required: 10% of the total number of votes cast in the last general election; or 25% to suspend operation of the act until the election (Const. Prov., Pt. Seventeen states have subject matter limitations other than the single-subject rule: Dedicate revenue, repeal appropriations, create courts, define court rules or jurisdictions, or enact local or special legislation. Collected in-person: Yes (Elec. Const. 5, 1). The mayors of Detroit and Los Angeles were recalled in 1929 and 1938, respectively. Which election: Next succeeding election at which the question may be voted upon by the voters of the entire state (Const. 4, 1, Pt. Single subject rule: No statute. 116.320). Timeline for collecting signatures: Once the petition is approved and a serial number is issued, sponsors have until 5 p.m. on the 90th day after the legislature session adjourns. Const. Majority to pass: Yes (V.A.M.S. III, 52(a)). "Direct Democracy" in California. 3, 52(c)(ii). 21 1). 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. Most state statutes include some type of sampling, such as in the cases of Arizona (A.R.S. Const. LXXXI, 4). Const. Law 6-103). Petitions must be submitted by 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 that is not a weekend or holiday. 3, 18, 20). . 6, Gen. 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). III, 2; Bernbeck v. Gale, 59 F.Supp.3d 949 [2014]; 829 F.3d 643, United States Court of Appeals, Eighth Circuit). III, 52(c); Wyo Stat. Public review or notice: At least seven public hearings are held on the propositions before circulation in designated regions. Electronic reports of contributions and expenditures must be filed according to a specified schedule. Two years for collection, and deadline of four months prior to the general election. 116.332). 34, 1, Const. 3, 4; MCA 13-27-301; 13-27-202). 6; 6.1). Ballot title and summary: Proponents draft and submit a ballot title in their original filing (34 OS 8). 48, Init., Pt. Art. Art. Repeal or change restrictions: Two-thirds vote required to amend or repeal within seven years of effective date (Const. A simple statement of the gist of the proposition is printed at the top of each signature page (34 OS 3). Art. Application process information: Proponents must submit a statement of the object of the measure and its full text to the secretary of state, along with a sworn list of their addresses and names (Neb. Who creates petitions: Secretary of state creates a sample petition and then the petition is reviewed by the attorney general (V.A.M.S. 3, 1 and Const. 3519.21; 3519.01; 3519.03), What is on each petition: Full copy of the title and text of the law, room for signatures and information of signers, a signed circulator statement, circulators name and address, name of employer of circulator, summary, attorney generals certification, a notice, and names of at least three of the committee members sponsoring the initiative (OH Const. Petitions always include a title and/or summary of the proposed measure, although who writes this information varies. 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. 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. Code 84200.8). Const. 5, 1; M.G.L.A. II, 1e). Registration must include the circulator's full name, residence address, phone number and email address; the petition for which the circulator will gather signatures; a statement that the circulator consents to the jurisdiction of the courts of Arizona in resolving any disputes concerning the circulation of petitions by the circulator; the address of the committee in Arizona for whom the circulator works and will accept service of process related to disputes; a notarized affidavit by the circulator (ARS 16-118). Petition must be filed with county officials not later than 15 days following the primary election. 168.476). 168.471 and M.C.L.A. Subject restrictions: The power of referendum does not extend to acts making appropriations for state institutions or to meet deficiencies in state funds (Const. 1953 20A-7-203). Subject Matter Excluded From Popular Referendum, Dedications of revenue, appropriations, local or special legislation or laws necessary for the immediate preservation of the public peace, health or safety, Laws immediately necessary for the preservation of the public peace, health or safety, or for the support and maintenance of the departments of the state government and state institutions, Urgency statutes, statutes calling elections or statutes providing for tax levies or appropriations for current expenses of the state, Laws necessary for the immediate preservation of the public peace, health or safety, and appropriations for the support and maintenance of the departments of state and state institutions, Laws making any appropriation for maintaining the state government or for maintaining or aiding any public institution, not exceeding the next previous appropriation for the same purpose, Const. They also randomly select signatures on each page and compare them to the electors' signatures in the registration records. Art. LXXXI, 4). Withdrawal process of individual signature: Any signer may withdraw their signature by giving their name, address and contact information to the secretary of state before the petition is filed (Wyo. Names and addresses of sponsors must be listed, and they must sign to verify that they are registered voters (Wyo. Proponent financial disclosure requirements: Include but are not limited to contribution limits and reports (F.S.A. Proponent organization and requirements: Proponents and opponents register with board of elections (10 ILCS 5/28-9). What is on each petition: The full text of the measure, match secretary of states template, be the correct color and state if the circulator is paid (O.R.S. Timeline for taking effect: Thirty days after the Governor's proclamation of the results (Const. Another 3% is required to qualify for the ballot if not enacted by the legislature after four months. Timeline for taking effect: Upon proclamation by the governor which shall be made within ten days after the official canvass of such votes (Const. Const. II, 1(d) and RCW 29A.72.030 and .160. 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. The second sampling must use a greater number of signatures than the first. To schedule an appointment to file an Application for a Serial Number, please contact our office at ballotmeasure@azsos.gov. 12, 2). Proponent organization and requirements: Must also file statement of organization (SDCL 12-27-6). Petition title and summary creation: Proponent with attorney general approval (A.C.A. Submission deadline of signatures: Must address written petition to the legislature and signatures must be filed with the secretary of state by the 50th day of the first regular session or by the 25th day of the second regular session. Art. Vote requirement for passage: Majority of the votes cast thereon and at least 40% of the total number of votes legally cast in the election (Const. In the United States, amendments to state constitutions also must be put before the voters for approval. In Missouri, signature requirements are based entirely on congressional districts. Const. 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. Other subject restrictions: 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 (MS Const. 2, 8), Proponent organization and requirements: Statement of organization and filing fee with secretary of state and local filing officer, arguments for measure (Cal.Gov.Code 84101, 84101.5; Cal.Elec.Code 9065, 9067). Art. 5, 11; Art. III, 3 and MGL ch. Timeline for collecting signatures: Two years (Neb.Rev.St. Five states impose an additional threshold. Sponsors submit full petition to title board for review (CRS 1-40-105). 168.471; 168.472). Verification: Direct initiatives are turned into the county clerk of the county in which the initiative packet was circulate. 19-121. Art. Depending on the legislature's action, the proponents may continue to pursue placement on the ballot for a popular vote. II, 1g). And no measure that names an individual to hold office or names private corporation to perform any function. Number of signatures required: 15% of the total ballots cast in the previous general election (Const. 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. Who can sign the petition: Legal voters (IC 34-1805 and -1814). MT CONST Art. Art. Public review or notice: Fiscal statement summary available at polling places, secretary of states office, and Office of Demographic and Economic Researchs website. Take a minute to check out all the enhancements! 19, 2). 4, Pt. Considered a committee if individual raises or spends more than $5,000. Art. Proponents draft and submit a ballot title in their original filing. Additional signatures are needed then. Massachusetts (M.G.L.A. Art. Legislator proposes a law, voters vote on it. Art. Art. Art. If there are insufficient state funds and the measure does not provide a source, it is effective 45 days after next regular legislative session. Art. 22-25-101). Recall. Art. 2, 8). What Is A Recall, Referendum And Initiative? - ElectionBuddy Legislature reviews the measure as submitted to it by the proponents. Number of signatures required: 2% of the entire vote cast for governor at the preceding biennial state election (Const. Art. Timeline for taking effect: For indirect initiatives, 60 days after the adjournment of the legislative session that passed it. Ballot title and summary: Full text is included if not too long. Circulator oaths or affidavit required: Yes (SDCL 2-1-10). 4, Pt. U.C.A. The supervisor is paid 10 cents by the sponsor for every signature checked if they paid circulators (F.S.A. Art. However, the bans in North Dakota and Oregon were upheld by federal circuit courts. LXXIV, 2 and M.G.L.A. Petition bears the title of the bill it seeks to repeal, and the secretary of state drafts the ballot title that appears on the petition. Art. Art. Where to file: Secretary of state (Const. Petitions must be submitted within 90 days following the final adjournment of the legislative session at which the law was enacted. III, 4 and NRS 32-1414). Circulator oaths or affidavit required: Yes (Utah Code 20A-7-303(3)). Number of signatures required: Three % of the votes cast for governor at the preceding biennial state election to submit to the legislature. Verification: The secretary of state establishes the statistical sampling method. CHAP. 13 Sample Exam Flashcards | Quizlet Signature gathering begins on a date specified by the secretary of state and cannot be less than 15 or more than 30 days from the date when all appeals and rehearings have been resolved or have expired. Geographic distribution: Signers must be from at least three-fourths of the states house districts, and signatures in each house district must equal at least 7% of those who voted in the preceding general election in the house district (AS 15.45.350(2)). Who creates petitions: Petitioners, approved by secretary of state and attorney general (I.C. 295.056. Proponent organization and requirements: At the time of filing a draft, proponents must designate the names and mailing addresses of two people who will represent the proponents in all matters related to the petition (CRS 1-40-104). 3519.21). St. 32-1407; 32-401), Ballot title and summary: Attorney general (Neb. 5% of the whole number of votes cast for governor in the last election. Art. II, 1c). Art. . 3599.03, Oklahoma: 34 Okl.St.Ann. Const. Circulator oaths or affidavits: No, but they certify that each signature was in their presence and that they believe each individual is an elector (O.R.S. 100.371). For direct measures, four months from the election (RCWA 29A.72.030). Which election: Next statewide or general election, whichever comes first, that is not less than 60 days after the petition is submitted (Const. 6; Oklahomans for Modern Alcoholic Beverage Controls, Inc. v. Shelton, Okla., 501 P.2d 1089, 1972). Art. Art. Number of signatures required: 5% of total votes cast for all candidates for secretary of state at the last general election (Const. Supermajority vote only to change vote requirement. Oregon Secretary of State Administrative Rules Petition title and summary creation: Secretary of the commonwealth drafts a fair, concise summary that appears on petitions and on the ballot (Const. St. 32-1405). May only be attempted once every three years. 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. 1953 20A-7-204). 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). Ballot title and summary: Attorney general (RCW 29A. Types allowed: Indirect initiative for statutes, direct initiative for constitutional amendments and popular referendum. No filing fee is specified (Mo.Rev.Stat. Art. This committee is responsible for preparing the arguments for the measure and any rebuttal arguments in the information pamphlet (MCS 13-27-402). But you explicitly may pay based on hourly wage or salary, express or implied minimum signature requirements for the circulator to meet, terminate someone's employment if they do not meet "certain productivity requirements," and pay discretionary bonuses based on reliability, longevity, and productivity (SDCL 12-13-28). 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. 168.471; 168.472). Timeline for collecting signatures: Petitions are valid for one year (MS Const. Const. Legislature or other government official review: After chance for comment by all legislators, the legislative council prepares an impartial analysis with description, background information and likely effects (A.R.S. Allowed to pay another for their signature: Prohibited (W.S.1977 22-24-323). 5, 2; 34 Okl.St.Ann. Where to file: Secretary of state (Const. 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. Art. Art. Allowed to pay another for their signature: Prohibited (Elec. II, 1b), Types allowed: Direct statutory and constitutional amendment initiatives, and popular referendum, Single subject rule: Yes (OK Const. Code Ann. Where to file: Secretary of state (Const. In calendar quarters with an election, additional reports are due 10 days before the election and 15 days after the election. Const. Ballot title and summary: Secretary of state drafts title (21-A MRS 905-A and 906). Taken together, they are called the politics of direct action. Art. 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. 3, 19; 21-A MRSA 903-A, sub-4), Nebraska (Neb. referendum and initiative, electoral devices by which voters may express their wishes with regard to government policy or proposed legislation. Allowed to pay another for their signature: Prohibited (Miss. Code 23-17-3), Which election is a measure on: Statewide general election (MS Const. 250.015; 250.052; 250.045, South Dakota: SDCL 2-1-1.1; 2-1-1.2; South Dakota Administrative Rules 5:02:08:07, Wyoming: W.S.1977 22-24-304; 22-24-310; 22-24-311, Maine (M.R.S.A. 1-45-103, 1-45-108.3, 1-45-111.5 1-45-117). Art. Must submit full text and title, and statement as to the use or not of paid circulators (U.C.A. Art. Art. What is on each petition: Must contain attorney generals unique numeric identifier, title, summary and the proposed measures full text, and follow the form found in the code (Cal.Elec.Code 9008, 9009, 9012). General election, and signatures must be verified no later than Feb. 1 of the year of the general election. Petitions carried by paid circulators must be filed on a monthly basis. 3, Sec. 4, 1, Pt. The circulator must also register with the secretary of state and complete a training program specified by the secretary (OR Rev. Constitution 48, Init., Pt. 24, 1). Progressive Era p 5-8 MC #1-13 questions & answers for - Quizizz 2, 3), Proponent organization and requirements: Names and residences of first 10 signers in application appear on the ballot with the summary (M.G.L.A. Monthly reports are due on the 10th for any preceding month in which total contributions received or total expenditures made exceed $200. 250.045). XI, 3). Committees in support or opposition to a ballot measure are treated the same as political action committees. 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. Arizona: Proponents may submit proposed bill to the director of the legislative council for review. Who creates petitions: Lieutenant governor provides a copy of the referendum petition and signature sheets; sponsors print additional copies (Utah Code 20A-7-304). Proponent financial disclosure requirements: A committee must file a statement of organization within 10 days of its organization; must include a brief statement identifying the substance of each ballot question supported or opposed by the committee (MCL 169.224). Contributions of $1,000 or more must be reported within 48 hours after receipt (IC 67-6607). Does the law in question take effect before the referendum vote: Suspended upon filing of petition signatures (Const. Art. Subject restrictions: The referendum shall not be applied to dedications of revenue, appropriations, local or special legislation, or to laws necessary for the immediate preservation of the public peace, health or safety (Const.
