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. Petition title and summary creation: Sponsors draft title (ARS 19-101(A)). Const. For citation information, please contact the NCSL Elections and Redistricting Team. Const. Code Ann. 4, 1, Pt. Art. Who can sign the petition: Qualified electors of the state (34 OS 23). 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. Vote requirement for passage: Majority (Utah Code 20A-7-209). 48, Init., Pt. Collected in-person: Yes (Const. Art. Single subject rule: Yes (OR CONST Art. 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. Withdrawal process of individual signature: Signatures may be withdrawn up to the time of submission of the petition. Circulator oaths or affidavit required: Yes (Elec. 3, 8). 905 and 1 M.R.S.A. 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. 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. Art. 353, 354). Const. 250.065), Time period restrictions before placed on the ballot: Four months prior to the general election (OR CONST Art. Art. 2, 9; Const. XVI, 1 and Elec. 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. Amend. What Are The Different Types And Forms Of . LXXIV, 2 and MGL ch. Signatures must be submitted by 5 p.m. on the 90th day after final adjournment of the legislature (34 OS 8). Petition title and summary creation: Attorney general drafts ballot titles and certifies statements (O.R.S. Art. 13, 1). 295.009; 294A.150; 294A.220, North Dakota: NDCC, 16.1-08.1-02.4; 16.1-08.1-03.1; 16.1-08.1-03.2, Ohio: O.R.C. Timeline for taking effect: The date of the governor's proclamation of the election results (IC 34-1813). 54 53. From each of at least 26 Utah State Senate districts, legal signatures equal to 5 % for indirect or 10 % for direct initiatives of the total of all votes cast in that district for all candidates for U.S. president at the last general election (U.C.A. 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 creates petitions: The secretary of state prepares five camera-ready copies of the petition for the sponsors (NRS 32-1405). There must also be a five-person committee of those who favor rejection, comprised of individuals appointed by the governor, attorney general, president of the senate and speaker of the housethe fifth member is appointed by the four previous members. Art. For indirect statutory initiatives, the timeline begins on Jan. 1 of the year preceding year in which a regular session of the legislature is held and then filed by the second Tuesday of November in an even-numbered year, or the next day. 53 22A and M.G.L.A. General review of petition: Proponents may alter the measure in small ways after legislature reviews it. II, 9(b) and Elec. Conflicting measures: The measure with the most affirmative votes becomes law (NDCC Const. Legislature or other government official review: Reviews done by attorney general and legislative services division. Const. No earlier than 75 days, and no later than 15 days, voter information pamphlet and newspaper publication (U.C.A. II, 9(c)). Vote requirement for passage: Majority (Const. 19, 2). Withdrawal of petition: The chief petitioners may withdraw at any time before submitting the total number of signatures for verification. Once an initiative is on the ballot, An example of an advisory referendum is Question 5, Gathering Information: Monitoring Your Progress. 4, 1, Pt. Stat. 48, Pt. St. 32-628), Allowed to pay another for their signature: Prohibited (Neb.Rev.St. 3, 4). 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. 295.009). Art. If raising more than $5,000 in a year, the entity must register as a ballot question committee. 4, 1, Pt. Contributions greater than $3,000 that are received after filing the pre-election report must be reported within 24 hours of receipt. Out-of-state committees that make expenditures supporting or opposing ballot propositions in Washington are required to file reports. 116.060. 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. Art. Art. If paid, must also register with the secretary of state and take training program (O.R.S. Office of the Legislative Fiscal Analyst conducts an estimate and description of funding sources. 19, 3; N.R.S. Art. Const. Which election: Next statewide election, unless a special election is called by the legislature of the governor for the express purpose of considering a referendum (Const. Const. Constitution 48, Init., Pt. 34-1809). Art. General review of petition: 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 (V.A.M.S. 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. For three years, measures can only be proposed again by signatures totaling 25%of total votes cast for governor last election, and special rule for competing measures. 7-9-105). Petitions may be signed at any time after an act is passed and must be submitted by June 1. Art. Proponent financial disclosure requirements: A committee must be formed upon the occurrence of any of the following in a calendar year: receiving contributions in excess of $2,000, making independent expenditures totaling $1,000 or more or making contributions totaling $10,000 or more (Govt. In all states, a qualified popular referendum may be placed on the ballot in a statewide general election. Art. Britannica does not review the converted text. (NDCC Const. Prepared by sponsor, approved by secretary of state. Montana, Nebraska and New Mexico have two signature thresholds: The first is sufficient to trigger a referendum vote, and the second, higher amount triggers a referendum vote and also suspends operation of the law in question until the election. 5, 1 and ACA 7-9-107). Where to file with: Secretary of state (N.R.S. Art. Art. III, 3; Bernbeck v. Gale, 59 F.Supp.3d 949 (2014); 829 F.3d 643, United States Court of Appeals, Eighth Circuit. Law 6-203(b)). All of the chief petitioners must sign the form to withdraw (ORS 250.029). 5, 1). Each signature page must contain the subject expressed in the title of the Act to be referred (ORS 250.045). 116.120). Stat. Law 6-203(c)). Rev. Art. 295.055; 295.009, North Dakota: NDCC, 16.1-01-07; 16.1-01-09, Ohio: OH Const. The idea of referendums, recall, and initiative was one to give voters greater power over legislation and the lawmakers and politicians who served them. 34-1805). Timeline for taking effect: 30 days after the election (Const. III, 2; Bernbeck v. Gale, 59 F.Supp.3d 949 (2014); 829 F.3d 643, United States Court of Appeals, Eighth Circuit. Art. General election unless the legislature orders a special election. Stat. MS Const. And attorney general reviews legality (MCA 13-27-202; 13-27-312; 13-27-402). Ten states have at least one government official draft or review the petition title and/or summary. 2, 4, Pt. Proponents are required to ensure that all circulators receive instruction on the requirements and prohibitions imposed by state law with respect to signature gathering (Elec. Allowed to pay another for their signature: Giving or receiving money or anything of value for signing a petition or a statement of signature withdrawal is a class 1 misdemeanor (ARS 19-113(D) and -114.01). 901 and 1 M.R.S.A. Collected in-person: Yes (Mo.Rev.Stat. 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. Art. Does the law in question take effect before the referendum vote: The submission of a petition suspends the operation of any act except emergency measures and appropriation measures for the support and maintenance of state departments and institutions (Const. 250.137; 250.139). 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. Amend. Where to file: secretary of state (Const. Nebraska: The revisor of statutes reviews and recommends revisions with respect to form and draftsmanship. For constitutional amendments, from 44 of 88 counties, signatures from 5 % of the votes cast for governor in each county in previous election (OH Const. III, 52(a) and Mo.Rev.Stat. Art. VI, Subpt. Const. Legislature or other government official review: Proponents may get help drafting from Office of Legislative Council. 19-121), Which election is a measure on: Next general election after filing (A.R.S. 6, 22), Washington (RCWA Const. Art. 1953, Const. The title may be different from the legislative title, but in all cases the legislative title shall be sufficient. Full text of the measure must be attached (A.C.A. Art. III, 3). Who can sign the petition: Registered voters (A.C.A. These serve as the petition title (MCA 13-27-312). 165-014-0005 Designating the State and Local Initiative, Referendum, Referral and Recall Manuals and Forms (1) The Secretary of State designates the State Initiative and Referendum Manual revised 02/2022 and associated forms as the procedures and forms to be used for the state initiative and referendum process. Rev. 1953 20A-7-204). II, 1b; Art. 250.045). 250.045). Reports are monthly during election years and annually in nonelection years. 3, 18), Who can sign the petition: Electors (M.R.S.A. Circulator requirements: Resident,18 years old and paid circulators must wear badges (U.C.A. . Art. Art. Note that all but two of these statesMaryland and New Mexicoalso have the initiative process. Fifteen% of total ballots cast in previous general election. Stat. II, 1g). Art. Information on states that restrict payment to circulators are below. Paid per signature: Cannot be paid based on the number of signatures collected, but can be paid in general (NDCC 16.1-01-12(1)(j)). Application process information: State Board of Elections is empowered to adopt regulations specifying procedures for filing and circulating petitions (Elec. First general election to be held not less than 30 days after the filing ofthe petition. Art. Does the law in question take effect before the referendum vote: For the purposes of the second paragraph of Const. Who creates petitions: Sponsors (A.C.A. General review of petition: The revisor of statutes reviews and recommends revisions with respect to form and draftsmanship. 8). What is on each petition: The full text of the measure, the affidavit of the circulator, the name of each petition district of the registered voters signing those pages, and each petition must have a 200-word or less description on each signature page of the petition (N.R.S. Withdrawal of petition: File a letter with secretary of state, signed by designated representatives, no later than 60 days prior to the election (C.R.S.A. Art. Verification: The secretary of state shall by rule designate a statistical sampling technique to verify whether a petition contains the required number of signatures (ORS 250.105). Who can sign the petition: Any qualified voter (AS 15.45.350). In some states, the question is worded such that a yes vote is in favor of the law subject to referendum, while in others, a yes vote is in favor of repealing the law that is the subject of the referendum. V, 1(3)). Application process information: Copy of petition must be filed not earlier than Aug. 1 of the year before the year in which the election will be held (Const. No county recorder or justice of the peace may circulate, and no circulator banned pursuant to 19-119.01 ((A.R.S. 1(3)). States may limit the subject matter of popular referenda. Study with Quizlet and memorize flashcards containing terms like The initiative, referendum, and recall are examples of a. direct democracy. 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. Art. Circulator oaths or affidavit required: Yes. 3, 2; NDCC, 16.1-01-17). Fiscal review: Yes (W.S.1977 22-24-309). M.G.L.A. 901 and 1 M.R.S.A. Number of signatures required: Eight % of the total number of legal voters for statutes. Where to file: Secretary of state (Const. 250.025). General review of petition: Reviewed by attorney general and Ohio ballot board, which also writes pro or con statements if not supplied (OH Const. 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. 3, 50; V.A.M.S. These may be accepted or rejected. Deadline of 120 days before election for amendments; 160 days before election and not less than 10 days before legislative session for statutes; and 180 days to collect. May remove no later than 120 days prior to the next general election and at least two-thirds of petition sponsors must sign the form. 1953 20A-6-106; 20A-7-206). Art. 1953 20A-7-208; 20A-7-702). Verification: Must be verified at least 100 days before the election. Const. 12, 2; M.C.L.A. Petition title and summary creation: The filer submits a description pursuant to N.R.S. 1953 20A-7-202). Neb. Verification: Direct initiatives are turned into the county clerk of the county in which the initiative packet was circulate. Conflicting measures: Measure that receives greater number of affirmative votes passes (C.R.S.A. Const. Art. The secretary of state consults with the legislative counsel for any technical suggestions, which will be posted to the secretary's website. 14, 3, 10 ILCS 5/28-2), Who creates petitions: Proponents, no statute (see 10 ILCS 5/16-6; 5 ILCS 20/2). 168.22e; 168.476; 168.477; 168.480). Const. Timeline for taking effect: Effective upon the governor's proclamation of the vote (Const. Who creates petitions: Sponsors (Elec. List of the Pros of Referendums. Florida. Which election: General election (SDCL 2-1-17). Who can sign the petition: Registered voters of the state (ACA 7-9-103). Conflicting measures: If the governor believes that two approved laws, or parts laws, are entirely in conflict, they proclaim the measure to be law that has received the greatest number of affirmative votes (U.C.A. NCSL summarizes the results of the Feb. 21, 2023, special elections in Kentucky, New Hampshire, Virginia and Wisconsin. 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. Art. 19-124). 3, 5). Ballot title and summary: Ballot language is drafted by the Ohio Ballot Board (Const. Citizen initiatives and popular referenda are two forms of direct democracy. Art. Art. A referendum petition with a minimum of 459 valid signatures must be filed within 30 days after the Council action. 1. Types allowed: Indirect initiative for statutes, direct initiative for constitutional amendments, and popular referendum. 22-24-412, Within 90 days after the adjournment of the legislative session at which it was passed. Michigan: The director of elections, with the approval of the board of canvassers, prepares a statement of designation for the ballot. Collected in-person: The circulator must witness each signature (OR Rev. Florida: Attorney general can request advisory opinion on the constitutionality of a measure from the state supreme court. Art. Each page must contain the full text of the measure or an accurate summary approved by the attorney general (Const. 19-121). First, they tend to be much shorteran average of 90 days. ; The referendum process allows citizens to refer a law that passed the legislature to the ballot for voters to decide whether to uphold or repeal the law. II, 1b). Prov., 3). Circulator oaths or affidavits: No statute, Paid per signature: May be paid (F.S.A. Withdrawal of petition: Any time more than 70 days before the election, a majority of the members of the committee that represents the petition may withdraw the petition by providing written notice to the secretary of state (ORC 3519.08). Who creates petitions: Petition filed by proponents is certified by attorney general, ballot board, and secretary of state (O.R.C. Const. In odd-numbered years, year-end reports are required (SDCL 12-27-22). Submission deadline for signatures: By 5 p.m. not more than 90 days after final adjournment of the legislative session at which the bill was passed (Const. Art. This deadline pertains to when counties must submit petitions with verified signatures to the secretary of state. Where to file: Secretary of state (Const. The committees select a chair and may prepare arguments and rebuttals, which will be reviewed by the secretary of state for the ballot. "Petition organizer" means a business entity that receives compensation for organizing, supervising or managing the circulating of petitions. If the legislature does not enact the statute, another round of signatures is required equaling 0.5% of votes for governor. 54 53). Allowed to pay another for their signature: Prohibited (RCWA 29A.72.110; 29A.72.120; 29A.72.130; RCWA 29A.84.250), Number of signatures required: Eight % of the votes cast for the office of governor at the last regular gubernatorial election prior to the submission of the signatures for verification (RCWA 29A.72.150), Who can sign the petition: Legal voters (RCWA 29A.72.120), Collected in-person: Yes (RCWA 29A.72.120), Withdrawal process of individual signature: Only accepted before signatures are filed (People v. Hinkle [1924] 130 Wash. 419, 227 P. 861). 3, 18). And, in some states, the review is purely technical; the proposal is reviewed to ensure it meets the legal requirements for format and style and adheres to drafting conventions. 2, 3; Amend. The attorney general reviews the ballot title after signed petitions are turned in (34 Okl.St.Ann. 295.0575), Allowed to pay another for their signature: Prohibited (N.R.S. Who can sign the petition: Qualified electors (Const. Where to file: Secretary of state (Const. Vote requirement for passage: Majority (Const. 48, Init., Pt. 1-40-111), Withdrawal process of individual signature: Written request prior to submission of signed petitions (C.R.S.A. Subject restrictions: Laws necessary for the immediate preservation of the public peace, health, or safety are excluded (Const. Proponents of an initiative, referendum, or recall effort must apply for an official petition serial number from the Town Clerk. Types allowed: Direct initiative for statutes and amendments and popular referendum, Single subject rule: Constitutional amendments only, not statutes (A.R.S. Proponent organization and requirements: In addition to the application, petition must include the names, residence addresses, email addresses, telephone numbers and signatures of five voters who are designated to receive notices (21-A MRS 901). Stat. Legislature reviews the indirect statutory initiatives. Withdrawal process of individual signature: A voter may have their signature removed by submitting a statement requesting such to the county clerk no later than the earlier of 14 days after the day the voter signs a statement requesting removal or 45 days after the clerk posts the voter's name under 20A-7-306(3)(c). Circulator requirements: Age 18 or older (Elec. 1b), Repeal or change restrictions: No veto by the governor (OH Const. Seven states specify a process for withdrawing a popular referendum petition from circulation; the remaining states do not. Timeline for taking effect: On and after the 30th day after it the initiative was approved by voters unless otherwise specified (RCWA Const. 101.161). Who can sign the petition: Qualified voters (SDCL 2-1-6). The legislature has four months to pass the bill in amended or unchanged form. Oregon: The Citizens' Initiative Review Commission reviews measures and may create a citizen panel to review specific items. Attorney general writes title and summary if original is challenged in court. Submit initiative draft to the Attorney General for official title and summary . The other 19 states limit the subject matter of laws that the popular referendum can address. Art. 187; Okl.St.Ann. 3599.14). II, 1(c)). Timeline for taking effect: Thirty days after the official declaration of the vote unless provided otherwise in the measure (Mississippi Const. Time period restrictions before placed on the ballot: See timeline and deadlines. Art. IV, 1(3)). Between 90 and 110 %, every signature is verified (C.R.S.A. Some states limit the number of sections of code or the constitution that may be altered. Fiscal review: Prepared by legislative council (CRS 1-40-105.5). No signatures may be obtained prior to 24 months before the general elections that it is to be voted upon, and signatures must be filed one year prior to the election (SDCL 2-1-1.2). Const. 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). Const. If passed by legislature, it is subject to the referendum (M.C.L.A. Art. Petition title and summary creation: Attorney general (Cal.Const. 1953 20A-7-204.1; 20A-7-208; 20A-7-702). Art. Petition title and summary creation: Secretary of state, revisor of statutes and attorney general (21-A M.R.S.A. III, 52(c); Wyo Stat. Unclear; it seems likely that the same statement drafted by the secretary of state and approved by the attorney general for the petition also appears on the ballot, but this is not specified. Code 82013, 84101, 84107, 84200, 84200.8, 84202.3 and Elec. 3, 5). 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. If the legislature enacts the proposal, no further petition takes place and the proposal becomes law. Rev. Number of signatures required: 5% of total votes cast for governor at last election (OK Const. A committee formed to support or oppose a ballot measure must register by filing a statement of organization with the Ethics Commission when its contributions or expenditures exceed $1,000.