LXXXI, 4). Art. Art. 116.320). 168.472a). Vote requirement for passage: Majority (Const. II, 1b). Constitution 48, Pt. 4, 1, Pt. Which election is a measure on: General election (F.S.A. Art. It fails to qualify if under 90% and qualifies if at least 100%. Art. 1-40-104, 1-40-105, 1-40-111, 1-40-135). 2; 21 Okl.St.Ann. 1953 20A-7-203; 20A-1-307), Circulator oaths or affidavits: Yes (U.C.A. XVI, 3(d)). Law 6-203(c)). "Petition organizer" means a business entity that receives compensation for organizing, supervising or managing the circulating of petitions. Where to file: State Board of Election Commissioners (Const. Repeal or change restrictions: Laws approved by the people under the referendum provision of this section may be amended by the legislature at any subsequent session thereof (Const. XVI, 2). Ballot title and summary: Secretary of state in consultation with the attorney general, but the full text of the measure is included if it is not too long (NDCC, 16.1-06-09). Where to file: Secretary of state (Const. Const. If the petitions were filed at least 165 days before the election and the submission deadline has not passed, and the signatures are deemed insufficient, petitioners may submit more signatures. Art. Art. Rev. Proponent organization and requirements: A group of no more than three people is designated to be the chief proponents at the time of original filing (34 OS 1). Art. II, 1c and 1g; ORC 3519.16(F). 1953 20A-7-211). Art. Withdrawal process of individual signature: By giving written notice to the lieutenant governor before the date the petition is filed (AS 15.45.350). 3, 53. 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. 7-9-105). Withdrawal process of individual signature: Can file a request with the county clerk any time before the petition is filed (N.R.S. 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. Art. Who can sign the petition: Electors (Const. General review of petition: The secretary of state reviews and if the office deems it insufficient, the committee of petitioners has 20 days to correct it (NDCC Const. Random sample of at least 500 or 5% of the signatures, whichever is greater. Art. Art. Other subject restrictions: Cannot require an expenditure of money unless a sufficient tax is provided (N.R.S. 250.105). 1953 20A-7-203). From 15 different counties, with each countys petition having signatures of at least half of the designated percentage of electors of the county. $100; refunded if application is properly filed, Const. Law 6-201). 250.015; 250.052; 250.045). A statewide special election may be called for amendments. The powers defined herein as the "initiative" and "referendum" shall not be used to pass a law authorizing any classification of property for the purpose of levying different rates of taxation thereon or of authorizing the levy of any single tax on land or land values or land sites at a higher rate or by a different rule than is or may be applied to improvements thereon or to personal property (Const. Stat. Stat. Types allowed: Direct initiative for statutes and constitutional amendments and popular referendum, Single subject rule: Yes (V.A.M.S. Collected in-person: Yes (Const. Art. 295.009). Allowed to pay another for their signature: Prohibited (Wyo. First 10 signatures must be turned in by the first Wednesday of the September before the assembling of the general court . Other subject restrictions: Limited to matters that can be enacted by legislation, and no measures that interfere with the legislatures ability to direct taxation of necessary revenues (Nebraska Const. II, 10(a)). 295.015). (Const. Code Ann. 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. Attorney general writes title and summary if original is challenged in court (F.S.A. Who can sign the petition: Qualified electors (Const. Circulator requirements: Must be Montana resident (MCA 13-27-102; 1-1-215), Circulator oaths or affidavits: Yes (MCA 13-27-302), Paid per signature: Cannot be paid based on the number of signatures collected but can be paid in general (MCA 13-27-102; 13-27-112). 1953 20A-7-205). If includes expenditures, must also include sufficient increased revenue sources that cannot come from general fund. 3, 51; V.A.M.S. 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. 22-24-409). Wyoming: in excess of 50% (Const. In calendar quarters with an election, additional reports are due 10 days before the election and 15 days after the election. For initiated state statutesorveto referendums, signatures must be gathered from 5% of qualified electors in each of one-third (34) of the state's 100 legislative districts. Number of signatures required: 5% of the whole number of votes cast for governor in the last election. Fiscal review: Prepared by the office of financial management, in consultation with the secretary of state, the attorney general, and any other appropriate state or local agency (RCWA 29A.72.025). Petitions must be submitted not more than 90 days after the end of the session at which the act was passed. Art. II, 1g; O.R.C. 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. II, 9). LXXXI, 4). 7-9-111). 19-121), Ballot title and summary: Secretary of state, approved by attorney general (A.R.S. Art. A simplified explanation of the initiative process follows. Law 6-202). 1(9) and ARS 19-112). Time-period restrictions before placed on the ballot: Filed at least four months before election (Ark. Collected in-person: Yes (NRS 32-630 and -1404). II, 1(c)). Same if an alternate measure is proposed. Const. Rev. XVI, 1), Timeline for taking effect: Thirty days after the election (Ohio Const. 3, 2; NDCC, 16.1-01-17). Const. Q. Const. 19, 2). 15, 273; Miss. Law 13-202). Art. Fiscal statement is included in voter pamphlet as is other information. 295.056). Art. Art. Art. Art. 21. 2, 2; M.G.L.A. Twenty-three states have popular referendum processes. By continuing to use this site, you consent to the terms of our cookie policy, which can be found in our. Paid per signature: The 2017 ban on paying circulators per signature was overturned in May 2022. 11 1 and 5). 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). Attorney general prepares abstract to be posted at polling places (A.C.A. Art. 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. 34-1809). Timeline for taking effect: Thirty days after it is enacted or approved by a majority of the votes cast (OR CONST Art. II, 1c and ORC 3519.21). Committee must create a "top funders sheet" that is included as part of the petition (Elec. 2, 3). Art. Petition title and summary creation: Prepared by sponsor, approved by secretary of state. Timeline for taking effect: An act that is rejected is repealed effective the date the result of the canvass is filed by the secretary of state. Circulator oaths or affidavit required: Yes (MCL 168.482 and .544c). Thirteen states require a simple majority to pass statewide ballot measures: Alaska, Arizona, Arkansas, California, Idaho, Maine, Michigan, Missouri, Montana, North Dakota, Ohio, Oklahoma andSouth Dakota. 904-B), Number of signatures required: Ten % of the total votes cast for governor in the last gubernatorial election (M.R.S.A. III, 1). 3, 6; NDCC 16.1-06-09; and NDCC 16.1-01-17). Proponents of an initiative, referendum, or recall effort must apply for an official petition serial number from the Town Clerk. Ohio ballot board; proponents may suggest title. N.R.S. 116.110). III, 5). Circulator oaths or affidavits: Official sponsors must sign at least two-thirds of the petitions (DCL 2-1-1.2). Which election: Next general election (Const. 3, 50 and V.A.M.S. What is on each petition: Names of 10 original signers in the application and deadline for submission of signatures and follow guidelines of Administrative Rules 950 CMR 48.00 (M.G.L.A. Vote requirement for passage: Majority, provided that the votes cast on the measure shall equal at least one-third of the total votes cast at the election (Const. Recall. Petitions must be submitted not more than 90 days after the final adjournment of the session of the general assembly that passed the bill on which the referendum is demanded. 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). 19, 1 and NRS 295.045). 4. increase the participation of African Americans in the Federal Government. Circulator requirements: US citizen and at least 18 years of age (Wyo. Const. Const. Petition title and summary creation: Lieutenant governor (Const. Proponent financial disclosure requirements: In order to receive contributions or make expenditures in excess of $1,500 in a calendar year, must form a committee for political action and register with the secretary of state (NRS 294A.230). Art. 1953 20A-7-205). Art. 1953 20A-7-211). 5, 1). Art. The title may be different from the legislative title, but in all cases the legislative title shall be sufficient (Const. 14, 3 and 10 ILCS 5/28-9), Collected in-person: Yes (10 ILCS 5/28-3), Withdrawal process of individual signature: By written request before submission of the petition to state board of elections or an officer with whom filing of the petition is required (10 ILCS 5/28-3). 3, 1 and SDCL 2-1-1 and 2-1-5). Steps for an Initiative to become Law Write the text of the proposed law (initiative draft). Filing must include the description of the effect of the measure, the sponsor's name and signature (NRS 295.015). Additional stipulations: In Idaho and Nebraska, the law states that the entire measure might not be superseded and that only conflicting parts of the measure may supersede one another. Then, the legislature rejects or accepts the proposition unchanged. Eight% of votes cast for the office of governor at last regular gubernatorial election prior to submission of the signatures for verification. Code Ann. 5, 1; M.G.L.A. 54 42A, 53; M.G.L.A. Verification: Each signature is physically counted. 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. See also 21-A MRS 904-A, the repealed provision that prohibited payment per signature. There are critics that disapprove of . Const. 1(3) and (7)). Art. 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. What is on each petition: Petition includes original bill number, title and affidavit signed by no more than three proponents file the measure (34 OS 1). Art. Collected in-person: Implied (MCA 13-27-102), Withdrawal process of individual signature: Any time prior to official filing (MCA 13-27-301). 4, Pt. Collected in-person: Yes; petition includes language verifying that each person has "personally signed" (RCW 29A.72.130). 3, 52(e) and Wyo. Ballot title and summary: Proponents submit a suggested popular name, to be approved or disapproved by the secretary of state (NMSA 1-17-9). Timeline for taking effect: For statutes, unless specified otherwise, Oct. 1 following approval. The attorney general may approve the title or revise as necessary to comply with the law (34 OS 8(H) and 9). III, 5(1) and MCA 13-27-202, Const. This deadline pertains to when counties must submit petitions with verified signatures to the secretary of state. Stat. Const. LXXXI, 4). The supervisor is paid 10 cents by the sponsor for every signature checked if they paid circulators (F.S.A. Art. Art. Reports of contributions and expenditures are due on a quarterly basis (Rule 2.103 and 2.122). If the legislature does not enact the proposition, then proponents may collect the additional 5 % of signatures required to get the measure onto the ballot (U.C.A. 22-24-411). Paid per signature: No ban, but must mark this and identify their employer on the affidavit (V.A.M.S. Circulator requirements: At least 18 years old and a qualified elector (34 Okl.St.Ann. No later than six months after the adjournment of the legislature which passed the act. No. 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. III, 52(b) and Mo.Rev.Stat. Arizona: A.R.S. II, 1g and ORC 3519.16(F)). Who can sign the petition: Qualified voters (Const. III, 3, Neb. And attorney general reviews legality (MCA 13-27-202; 13-27-312; 13-27-402). Which election: Next regular or general election subsequent to the 125 days after filing (OH Const. Circulator requirements: Must be 18 years old and an Ohio resident (O.R.C. Const. Number of signatures required: 15% of the total ballots cast in the previous general election (Const. Fiscal statements are the most common type of review, giving estimates and analysis on the likely fiscal impact the proposed measure will have on the state. Proponent financial disclosure requirements: Include but may not be limited to reporting requirements, special provisions for out-of-state contributors, a statement regarding intent to pay circulators, and political committees must register (NDCC, 16.1-08.1-02.4; 16.1-08.1-03.1; 16.1-08.1-03.2). Const. Must be on good quality of paper in form and manner approved by the secretary of state (IC 34-1804). Code 16.1-01-10). Verification: By actual count (as opposed to random sampling), but this is not spelled out in statute. Which election: Next succeeding election at which the question may be voted upon by the voters of the entire state (Const. Advantages. Art. Each page must contain the full text of the measure or an accurate summary approved by the attorney general (Const. Timeline for taking effect: An act rejected by referendum is void 30 days after certification. Does the law in question take effect before the referendum vote: Operation of the law is suspended when petitions with sufficient signatures to trigger a vote are submitted (Const. States with popular referendums (23): Alaska, Arizona, Arkansas, California, Colorado, Idaho, Maine, Maryland, Massachusetts, Michigan, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, Utah, Washington Wyoming. The secretary of state consults with the legislative counsel for any technical suggestions, which will be posted to the secretary's website. Proponents draft and submit a ballot title in their original filing. General review of petition: Secretary of state reviews and processes the petition, along with the attorney general and the Supreme Court (34 Okl.St.Ann. Semiannual statements of contributions and expenditures are due July 31 and January 31 (Govt. Art. Ballot title and summary: The title of the statute or resolution must be set out on the ballot, and the question printed upon the ballot for the information of the voters must be as follows: Shall the statute (setting out its title) be approved? (NRS 295.045). Code 9604). Who creates petitions: Sponsors (CRS 1-40-105). Constitution 48, Init., Pt. Const. Circulator requirements: Resident,18 years old and paid circulators must wear badges (U.C.A. III, 3). Art. The following is not a legal, comprehensive list of every campaign finance law governing the referendum process in each state but is rather a basic summary and starting guide for where to find relevant statutes. Art. During the 14 days before the election, reports of any communication exceeding $5,000 in the aggregate are due within one business day. 23-17-7; 23-17-9; 23-17-15, Proponents, approved or rewritten by attorney general, Proponent, with possibility of being amended by statute, Secretary of state and approved by the attorney general. Ten states do not have a geographic requirement; 14states do. III, 2), Oklahoma (OK Const. 19-121. These are all then submitted to the secretary of state (SDCL 12-13-25.1; 12-13-26). 2). Colorado and Florida require a supermajority to pass a constitutional amendment: 55 percent of voters in Colorado (C.R.S.A. Ballot title and summary: 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. All campaign finance activity must be conducted through a campaign finance entity. After certification for the ballot, the joint committee on legislative research holds a public hearing in Jefferson City to take public comments regarding the measure (V.A.M.S. Art. 5, 57; Art. (21-A M.R.S.A. If any pair do not match, the rest of the signatures on that page must be verified via this comparison (MCA 13-27-303; 13-27-304). 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. 4, 1, Pt. 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). Const. Circulator oaths or affidavit required: Yes (Const. 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. If the legislature does not enact the proposition, then proponents may collect the additional 5% signatures required to get the measure onto the ballot. 12, 2; M.C.L.A. 48, Init., Pt. 3, 52(e) and Wyo. In April 1983, a recall vote to remove San Franciscos mayor Dianne Feinstein from office was overwhelmingly defeated. M.G.L.A. Art. County recorder or justice of the peace. Each county board certifies the signatures for their county, and the secretary of state verifies the second round of petition signatures for indirect statutory initiatives (OH Const. Seven states impose explicit limits for how much time must pass before a measure is re-attempted, ranging from 12 months to five years: M.G.L.A. A warning to signers is required (CRS 1-40-110). Const. Secretary of state drafts ballot language that fairly and accurately explains what a vote for and what a vote against the measure represent; approved by attorney general. Timeline for collecting signatures: May be circulated once the attorney general has drafted a circulating title and summary up to the 90th day after the enactment date of the statute.
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