Subject restrictions: May not be used for laws necessary for the immediate preservation of the public peace, health or safety, and laws making appropriations for the current expenses of the state government, for the maintenance of state institutions and for the support of public schools (Const. Legislature or other government official review: 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). 6, 1), Repeat measures: Two years (U.C.A. 4, 1, Pt. Verification: Board of state canvassers verifies the signatures using the qualified voter file and shall complete the process at least two months before the election (M.C.L.A. No statute found; used Prop. Types allowed: Direct and indirect initiatives for statutes, and popular referendum, Single subject rule: Yes (U.C.A. 23-17-57), Number of signatures required: Twelve % of the total votes cast in the last gubernatorial race for governor (MS Const. Art. 3, 18). Const. Probably the most celebrated initiative to pass in recent years was Proposition 13 in California. Time period restrictions before placed on the ballot: If sufficiency is being reviewed at the time the ballot is being prepared, the measure shall be placed on the ballot and no subsequent decision shall invalidate it if it is approved by a majority of voters (Const. Application process information: Application containing the act to be referred and signed by at least 100 qualified voters is filed with the lieutenant governor. Disclosure of advertisements is required. 6; 6.1). Code 84200). 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. 2, 9; M.C.L.A. Art. Art. A.R.S. Const. Proponents, but certified by state board of elections and reviewed by attorney general. 3, 18), Ballot title and summary: Secretary of state and attorney general (21-A M.R.S.A. 1(9) and A.R.S. Art. Number of signatures required: 5% of the votes cast for governor at the preceding election (Const. Art. Stat. Prepared by attorney general, department of finance and the legislative analyst office. 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. 2, 3). Public review or notice: Newspaper publication, and the public has 10 days to file a protest as to the constitutionality of the measure (34 Okl.St.Ann. Circulator requirements: Name and address must be on petition if paid (F.S.A. (Const. Code 100). 55 1, 6B, 7A, 18C, 18). One year for collection and must address written petition to the legislature. 5, 1). Code 18680. II, 1(d) and RCW 29A.72.030 and .160). 100.371), Geographic distribution: Signatures in each of one-half of the 27 congressional districts of the state (F.S.A. Circulator oaths or affidavits: Either the sponsor or circulator in accordance with W.S. 3, 52(c)(ii). Geographic distribution: Yes. Code 16.1-01-10). 5, 1 and A.C.A. In most states, this must be done on or before the date the petition is submitted for verification and is done by filing a form with election officials. Art. No. Withdrawal process of individual signature: May not remove after official submission of petitions (O.R.S. Who creates petitions: Secretary of state prepares a sample petition (MCA 13-27-202 and -205). Ballot title and summary: The board of state canvassers (M.C.L.A. Initiative is when citizens get signatures and make the decision . Petitions must be filed 90 days after the final adjournment of the session in which it was passed, except when a recess or adjournment shall be taken temporarily for a longer period than 90 days, in which case such petition shall be filed not later than 90 days after such recess or temporary adjournment. Geographic distribution: 10% of the votes cast in the last general election in each of three-fourths of the counties, or 25% to suspend operation of the act until the operation (Const. IV, 1; O.R.S. Stat. If more than one-third but less than the full number of the signatures required is submitted by June 1, the time for the law to take effect and the time for the filing of the remaining required signatures is extended to June 30 (Const. Art. Legislature or other government official review: Proponents may get help drafting from Office of Legislative Council. Timeline for collecting signatures: If the petitions were filed at least 165 days before the election and the signatures are deemed insufficient, they may collect more (O.R.S. Full text of the measure must be attached (A.C.A. Types allowed: Indirect initiative for statute, direct initiative for constitutional amendment, and popular referendum, Other subject restrictions: No private or special laws (Const. Several states require two officials to write or review the title and/or summary, given their importance to a ballot measure. Art. Either way, the measure is put before the people (MS Const. 48, Init., Pt. Massachusetts, Ohio and Utah use this sort of process. Withdrawal of petition: None, the withdrawal process specified in statute applies only to initiative petitions (CRS 1-40-134). 10% of the votes cast in the last general election in each of three-fourths of the counties, or 25% to suspend operation of the act until the operation, 3% of the votes cast for the office of governor in the last election in half of the counties. 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. 168.22e; 168.476; 168.477; 168.480). Attorney general after receiving written comments from Legislative Research Council, U.C.A. 7-9-104; 7-9-108), General review of petition: Exact petition copy filed with secretary of state and approval of title by attorney general (A.C.A. Proponent financial disclosure requirements: Include but may not be limited to groups supporting or opposing ballot measures are treated as political committees, no statute found limiting contributions to ballot measure political committees, designation of a treasurer, filing statements of organization, and follow account and reporting requirements (O.R.S. What is on each petition: Contains a summary of the subject matter, warning to signers and a statement as to paid circulators (Const. Law 6-203(c)). III, 5 and 6; NDCC 16.1-01-09(7). All 23 popular referendum states require political organizations that support or oppose a ballot measure, often considered political action committees, to follow state campaign finance laws. Formal processes vary greatly, such as the requirement of a formal sworn statement in Missouri (V.A.M.S. They exist in a variety of forms. Art. Art. In Missouri, signature requirements are based entirely on congressional districts. Campaign statements must be filed by the 11th day before the election, the 30th day after the election, April 25 and July 25 every year and October 25 in odd-numbered years. Utah: For indirect initiatives, the legislature may make technical changes only, and prepare a legislative review note and a legislative fiscal note on the law proposed by the initiative petition. Non-resident circulators and all paid circulators must register with the secretary of state before circulating petitions; it is the sponsoring committee's responsibility to collect and submit the completed registrations. Art. III, 52(b) and Mo.Rev.Stat. Art. Constitution 48, Init., Pt. Public review or notice: Pro and con statements and explanations are made public prior to the election in newspapers, in public offices and on the secretary of states website (OH Const. Two-thirds vote (or majority after seven years). Amend. Submission deadline of signatures: For direct constitutional amendments, a timeline beginning on Sept. 1 before the general election it is to be voted upon and ends on the third Tuesday of June of an even-numbered year. Const. Art. Some have been found to be unconstitutional, largely on one person, one vote grounds. Paid per signature: Cannot pay based on signature total collected. LXXXI, 4). If the total signatures meet 90 to 100 % of the requirement, the clerk checks all of the signatures until 100 % is reached. 4, 1, Pt. Initiative and referendum Flashcards | Quizlet Who creates petitions: Sponsors (RCW 29A.72.100). 295.015). VI, 1 and Utah Code 20A-7-102, Laws passed by a two-thirds vote of the members of each house, Const. 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. III 5). V, 1(3)). 1953 20A-7-211). Must include official language from attorney general, the measures full text, and the legislative district from which the signatures were collected (I.C. For direct initiatives, signatures must be submitted by April 15 immediately before the next general election (U.C.A. Geographic distribution: 5% in each of two-thirds of the congressional districts (Const. What is on each petition: Petition includes original title of the act to be referred and a statement by signers. For indirect statutory initiatives, after turning in original 3 % of signatures, proponents must return next batch of signatures (another 3 %) within 90 days of the legislature not enacting or amending a measure. Circulator oaths or affidavit required: Yes (ORS 250.045(10)). Const. Art. Art. and more. For constitutional amendments, 10% of votes cast for governor in last election. . Proponent financial disclosure requirements: Reports of expenditures and contributions received are required quarterly in non-election years and monthly, March through November, in election years. Number of signatures required: For statutory, 5 % of total vote for governor in the last election in each of two-thirds of the state's congressional districts. Amend. 22-24-411). Const. Initiative,referendum,recall Flashcards | Quizlet What Are The Different Types And Forms Of . Furthermore, statutes allowing or requiring paying per signature have been overturned by the courts. The states vary in the number and the baseline used to determine the number of signatures required. Const. Art. Withdrawal process of individual signature: Written statement at secretary of states office, mail a notarized statement to the office, or strike name through on petition (A.R.S. 3, 2). A yes vote approves the referred act, and a no vote rejects it. 116.115). 21 1 and CV160314-SA), Other subject restrictions: If includes expenditures, must also include sufficient increased revenue sources that cannot come from general fund (A.R.S. Art. For statutory initiatives, 2% of residential population according to the last federal decennial census. If the petitions are approved and the signatures are valid, the proposal can be voted on. Majority to pass: Yes (OH Const. Can only be changed by a vote of the people, Two-thirds vote (or majority after seven years), Two-thirds vote (or majority after two years), Select a State with Citizen Initiatives to Learn More, Petition Review, Creation and Public Notice, Petition Review, Creation, and Public Notice, >Petition Review, Creation and Public Notice, States with citizen initiatives (24): Alaska, Arizona, Arkansas, California, Colorado, Florida, Idaho, Illinois, Maine, Massachusetts, Michigan, Missouri, Mississippi, Montana, Nebraska, Nevada, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, Utah, Washington, Wyoming. Ten% of total votes cast in previous general election with geographic requirement, Ten% of votes cast for all candidates for governor in previous election for statutes; 15% for amendments, Eight% of the total number of legal voters for statutes; 10% for amendments, Five% of votes cast for governor in last election for statutes or ; 8% for amendments, Five% of votes cast for secretary of state in last election, Eight% of total votes cast statewide in last presidential election, Six% of qualified electors at the time of the last general election, Eight% of votes cast for governor in last gubernatorial election, Ten% of total votes cast for governor in last gubernatorial election, M.G.L.A. Code 84107). Other subject restrictions: Cannot stop emergency laws passed by the legislature or appropriations to support state departments or institutions (NDCC Const. Const. Details: Every initiative state requires some form of public notice. Successful ballot initiatives can create, change or repeal state and local laws . 5, 1). What is on each petition: Full text of proposed amendment for amendments, a prescribed warning, and follow other guidelines such as form (M.C.L.A. What is a RECALL? N.R.S. Art. Const. Stat. Const. Outer page of petition pamphlet includes warning to signers. 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. Proponent organization and requirements: Lists of circulators and notaries who notarized the petition sections must be filed with the secretary of state. Repeal or change restrictions: The legislature shall not have the power to repeal a referendum measure passed by a majority of the voters (Const. 3, 19). The chief petitioners must notify the secretary of state that at least one person will be paid, and it will say this on the petitions. 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). Const. Const. Art. Proponents submit a suggested popular name, to be approved or disapproved by the secretary of state. VI, 1 and Utah Code 20A-7-102). It may be placed on a ballot and legislature has the right to place an opposing proposal on the ballot if they choose that they Summary of initiative, referendum and recall processes. III, 1). Must report contributions received if in excess of $20 and all expenditures quarterly in off-election years, on the first Monday in May and every two weeks thereafter before the primary election, on the first day of each month beginning with the sixth full month before a major election, on the first Monday in September and on each Monday every two weeks thereafter before the major election, and thirty days after the major election (CRS 1-45-108). 3, 18). Where to file with: Secretary of state (OK Const. No later than six months after the adjournment of the legislature which passed the act. Art. Petition title and summary creation: Secretary of state (21-A MRS 901(4)). IV, 1). Collected in-person: Yes (Const. 106.191). Original title of the act that is subject to the referendum is included (A.C.A. Petition title and summary creation: Secretary of state, official committee that filed and approved by attorney general (O.R.C. 2). 3, 4). Proponents then file the measure with the secretary of state (I.C. Who can sign the petition: Qualified electors (NDCC 16.1-01-09(2)). Proponent organization and requirements: A person, committee or political party that pays signature gatherers is required to file the same financial disclosures required under Title 13, Chapter 37 (MCA 13-27-112). Sponsor or group who receives contributions or spends over $500 for the passage or defeat of the referendum must file a statement of organization as a ballot question committee. 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. referendum and initiative, electoral devices by which voters may express their wishes with regard to government policy or proposed legislation. Art. II, 1(b)). 19, 1 and NRS 293.127563). Ballot title and summary: Proponents submit descriptive ballot title that is reviewed by attorney general (34 Okl.St.Ann. Const. 168.472a). Where to file with: Secretary of states office and attorney general (AR Const. Statutes for petition contents for each state: Every state includes requirements for circulators operating in the state. Code Ann. Circulator requirements: Residency requirement struck down (Term Limits Leadership Council v. Clark [1997]; Miss. Const. II, 9). 1953 20A-7-207; 20A-7-209; 20A-6-107). 6). 1953 20A-7-203). 5, 1). Art. Art. Petition title and summary creation: A statement of purpose and implication, not to exceed 135 words, and yes-no statements are drafted by petitioners and reviewed and approved by the attorney general. Proponent financial disclosure requirements: Political committees must file a statement of organization (NMSA 1-19-26.1). 2, 8). Proponent organization and requirements: Must also file statement of organization (SDCL 12-27-6). General review of petition: Secretary of state, along with revisor of statutes, may reject petition application if it does not conform to drafting conventions for statutes (21-A M.R.S.A. XI, 7 and AS 15.45.250). States with geographic requirements using entities that are unequal in population, such as counties or even state legislative districts, are more likely to have the requirement challenged in court (for example, see Montana). St. 32-1407; 32-401), Ballot title and summary: Attorney general (Neb. Const. This committee is responsible for preparing the arguments for the measure and any rebuttal arguments in the information pamphlet (MCS 13-27-402).

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