Contributions from non-residents 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 (SDCL 12-27-18.2). 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. Submission deadline for signatures: Not less than four months prior to the next general election (Const. Timeline for taking effect: Thirty days after governor proclaims election results, which happens within 10 days after the vote has been canvassed and determined. Repeat measures: 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 (OK Const. A post-election report is due by Jan. 7. Some things to consider as you begin to review. 354, Michigan: M.C.L.A. 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). Stat. N.R.S. Petition title and summary creation: Secretary of state and approved by attorney general (NDCC, 16.1-01-07). Const. Fiscal review: The chief legislative budget officer prepares a fiscal analysis, the summary of which will appear on the ballot (MS Const. Ninety days from the date marking the beginning circulation for collection, as set by the secretary of state after public posting and chance for protest, and a deadline of 90 days from the official set date from the secretary of state. Washington: Code reviser or assistant code reviser reviews the proposal of the initial petition and recommends revisions or alterations in an advisory capacity only. Pamphlet contains one-sentence statements describing the effect of a yes or no vote prepared jointly by the attorney general and the state secretary. Verification: By actual count (as opposed to random sampling), but this is not spelled out in statute. Circulator requirements: At least 18 years old and a qualified elector (34 Okl.St.Ann. Reports are monthly during election years and annually in nonelection years. Art. Petition title and summary creation: Petition must include a summary of 100 words or less (MCL 168.482). Who creates petitions: Secretary of state (Wyo. Office of Legislative Research and General Counsel numbers propositions and proposes a descriptive title summarizing the contents of the measure. 2, 1). 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). Subject restrictions: None (Const. III, 8). Where to file with: Secretary of state (MCA 13-27-202). Attorney general drafts summary for ballot (A.C.A. 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. II, 9(c)). Conflicting measures: Measure with the most affirmative votes prevails (OH Const. 1953 20A-7-205; 20A-2-105). They also randomly select signatures on each page and compare them to the electors' signatures in the registration records. 1-40-123), Majority to pass: Amendments require 55 % (C.R.S.A. 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. Art. Updated on June 03, 2021. Bans on payment-per-signature have met with mixed results in the courts. Statewide general election, and 90 days before the first day of the legislative session and the first five measures make it on the ballot. II, 1(d) and RCW 29A.72.030, Next succeeding general election, unless the legislature orders a special election, Const. XLVII, Pt. Art. 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. 1953 20A-7-201). 2, 1). Two-thirds vote (or majority after seven years). Law 7-103(c). Constitution 48, Pt. N.R.S. Art. 54 53). Secretary of state and approved by attorney general. Art. Four states require measures to pass with a majority of voters, but the measures must also have been voted upon by a certain percentage of the total number of voters who voted in that election. 250.025), Collected in-person: Yes (O.R.S. For constitutional amendment initiatives, 4 % of the resident population (NDCC Const. V, 3 and OK Stat. Art. 19-123 and A.R.S. III, 5(1) and MCA 13-27-301. Proponent financial disclosure requirements: Political committee must have a treasurer before receiving contributions or making expenditures (IC 67-6603). II, 1c). 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). Art. Code 82013, 84101, 84107, 84200, 84200.8, 84202.3 and Elec. Art. Unclear; the statute describing the titling process by the attorney general specifically mentions initiative measures and constitutional initiatives but does not mention popular referenda. See. U.C.A. Art. 3, 4; Art. Const. In 1911, California voters approved the constitutional processes of initiative, referendum, and recall. Reports of contributions and expenditures are due on the 21st and seventh days immediately preceding an election and the 10th day of the first full month after an election. St. 32-1405.01; 32-1405.02; 32-1413). Who creates petitions: The secretary of state prepares a "signature form (that) includes provisions for identification of the measure; the printed name, signature, and address of the committee member; and notarization of the signature" (NDCC, 16.1-01-07). Proponents must file reports of payments made to signature gatherers. A yes vote approves the referred act, and a no vote rejects it. 5, 1). They represent direct check on democracy as people can exercise their powers to accept or reject a piece of legislation. Secretary of state and attorney general jointly make a more descriptive ballot question summary to be sent to voters. Art. Allowed to pay another for their signature: Prohibited (NRS 32-630 and -1404). The initiative and referendum process enables citizens to bypass their state legislature by placing proposed statutes and, in some states, constitutional amendments on the ballot. Art. 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. Art. Const. Allowed to pay another for their signature: Prohibited (21-A MRS 904-B). If 110 % or more, the petition passes. 295.009, Ohio: Const. The requirements for an election with statewide ballot measures vary by state. Paid per signature: Yes, "No law shall be passed to prohibit any person or persons from giving or receiving compensation for circulating petitions." Proponents then file the measure with the secretary of state (I.C. XVI, 1; O.R.C. Art. If a petition is declared insufficient but has at least 75% of the required signatures in total and in at least 15 counties, sponsors may have an additional 30 days to gather more signatures. Petition title and summary creation: Title board, comprised of secretary of state, attorney general and director of the office of legislative legal services (C.R.S.A. 1-40-134). Art. 19, 2), Who can sign the petition: Registered voters (N.R.S. Timeline for taking effect: 30 days after the election (Const. Application process information: The person(s) or organization(s) under whose authority the measure is to be referred must deliver to the secretary of state the petition, signed by at least 20 qualified electors of the state (IC 34-1804). The secretary of state submits the title to the attorney general for approval when signed petitions are timely filed for verification. 3, 2; NDCC, 16.1-01-17). Types allowed: Direct initiative for statute and constitutional amendment, and popular referendum, Single subject rule: Yes (Ne.Rev.St. 5, 11; MACo v. The State of Montana, MT 267 [2017]), Nebraska (Ne.Rev.St. Three% of votes cast for governor at preceding biennial state election to submit to the legislature. 8). 34-1809). Records must be kept of contributions and expenditures. Art. Art. A filing fee of $500 accompanies the application (W.S.1977 22-24-302; 22-24-303). General election, and must file by the May before the election the measure is to be voted on. Otherwise, they may submit an alternative measure. 34-1809), Time period restrictions before placed on the ballot: Must file by the May before the election the measure is to be voted on (I.C. What is on each petition: Petition is addressed to the secretary of state and must contain for each petitioner a declaration that he is a qualified elector, address and date of signature. Code 13-309). Submission deadline of signatures: Have 120 days before election for amendments, and 160 days before election and not less than 10 days before legislative session for statutes (M.C.L.A. 15% of the votes cast for governor in the preceding election in a majority of legislative districts is required to suspend operation of an act pending the election (Const. Political committees must file reports of contributions and expenditures. Next general election held at least 131 days after signatures are certified. Art. (SDCL 2-1-3). Law 7-103(c)). Legislature or other government official review: Nonpartisan staff of general assembly prepare summary, analysis and fiscal review (C.R.S.A. 3, 18), Who can sign the petition: Electors (M.R.S.A. Nine states require filing an initial number of signatures of sponsors as part of an application to circulate a popular referendum petition. 48, Init., Pt. Art. Withdrawal process of individual signature: May cross out signature on petition prior to submission to clerk or by written statement expressing wish for withdrawal after the petitions are turned in to the clerk (I.C. Art. Art. 19-102), Who creates petitions: Secretary of state (A.R.S. 1-40-105). Groups must file reports detailing contributions received in excess of $100 in the aggregate and all contributions and expenditures made by the group (AS 15.13.040(b)). In Nebraska, the total number of signatures is based upon the total number of registered voters in the state. 106.08, 106.19). 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. Petition title and summary creation: Attorney general (RCWA 29A.72.060), What is on each petition: Ballot title, summary, warning and full text of the measure (RCWA 29A.72.120; 29A.72.110). 4, 1, Pt. Nebraska Const. Ballot title and summary: The official title of the bill that is subject to the referendum appears on the ballot. Each state has a unique way of handling the timeline and deadline for signature gathering. 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. Wording of Ballot Question and Effect of Yes Vote, No statute found; used Referred Act 1 (Nov. 1994) as a reference. 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). If such activity occurs within 30 days of an election, a statement must be filed within 48 hours. 3, 4; Art. V, 3). 905-A; M.R.S.A. The full title and text of the measure must be attached to each signature sheet (Const. Const. Submission deadline for signatures: No later than 5 p.m. 90 days after the final adjournment of the legislative session (Const. 19, 3; Art. (Elec. Art. Must file quarterly reports. States have rules in place to govern what legislatures or governors can do to citizen initiatives once they pass. Const. Amend. M.C.L.A. 295.056. Art. The supervisor is paid 10 cents by the sponsor for every signature checked if they paid circulators (F.S.A. First general election to be held not less than 30 days after the filing ofthe petition. Art. 7-9-111. 4, Pt. 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. Code Ann. Art. Art. Who can sign the petition: Registered voters (Const. A year after Los Angeles adopted the device, voters in that city recalled a city councilman. 187; Okl.St.Ann. The required signatures must be distributed equally among all of the petition districts (NRS 295.012 and NRS 293.127563). Cannot in the last five years have been convicted of a crime involving fraud, forgery or identification theft or subject to a civil penalty due to an election offense. 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). Art. 15, 273; Miss. Who can sign the petition: Registered electors of the state (M.C.L.A. Art. Const. Arizona: Proponents may submit proposed bill to the director of the legislative council for review. Fifteen states follow a single-subject rule: Nine states do not have a single-subject rule: Arkansas, Idaho, Illinois, Maine, Massachusetts, Michigan, Mississippi, North Dakota and South Dakota. If amended, expires or is rejected, it goes onto the ballot. They may also submit their own alternative ballot measure to the people if it is different but under the same subject area. Persons involved in a statewide initiative or referendum process are subject to the provisions of the Nebraska Political Accountability and Disclosure Act. The word, 'referendum' is often used for both legislative referrals and initiatives. Lieutenant governor forwards petitions that are qualified for the ballot to the Office of Legislative Research and General Counsel, which drafts an impartial title of not more than 100 words summarizing the contents of the proposal. Art. If a referendum is filed against an emergency measure, it remains in effect until it is voted on by the people (Const. 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. 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. 250.125; 250.067; 250.127). 116.334). Disclosure of advertisements is required (ARS 19-925). 168.471; 168.472). And no measure that names an individual to hold office or names private corporation to perform any function (Cal.Const. 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. 901, 906; 1 M.R.S.A. Art. In April 1983, a recall vote to remove San Franciscos mayor Dianne Feinstein from office was overwhelmingly defeated. III, 3); next general election after the petition is regularly and legally filed with the secretary of state (NRS 32-1411). Another 10 states allow petition sponsors to draft the title and/or summary, in some cases with approval by a state official. 14, 3), Types allowed: Indirect citizen initiative for statutes and popular referendum. Any person who pays or receives compensation to circulate a referendum petition must file a statement to that effect with the secretary of state before circulation begins. 15, 273). Art. Six months to turn in signatures once petitions have been titled and certified for circulation, and filed no later than three months and three weeks before the election and made by 3 p.m. on the day of filing. Circulators may not receive payment greater than $1 per signature. Withdrawal of petition: May be withdrawn by any of the people authorized to do so at the time of filing; withdrawal is made via a form prescribed by the secretary of state (NRS 295.026). A statement of organization is required (Govt. III, 6). II, 1(b)). III, 3). Withdrawal process of individual signature: The person must file a sworn statement with the secretary of state any time before the petition is filed (V.A.M.S. Code Ann. Single subject rule: No statute. 53 7. 22-24-410). 353, 354). For indirect statute petitions, the legislature has 40 session days to pass or reject the unchanged or unamended measure. 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. II, 1c). Petition title and summary creation: Written by sponsors, approved by attorney general (Const. Art. We hope you and your family enjoy the NEW Britannica Kids. Timeline for collecting signatures: For direct initiatives, six months to collect (submit proposed measure within 10 months with deadline to submit four months out from the general election). Art. Amending or diverting funds from a referendum measure requires a three-fourths vote of the members of each house of the legislature, and the amendment must further the purposes of the measure (Const. Most states require proponents of a proposed law to follow guidelines. Art. Code reviser issues certificate of review (RCWA 29A.72.020; 29A.32.040; 29A.32.060). Time period restrictions before placed on the ballot: None. d. laws enacted by state legislatures. 67-6602, 67-6607). Amend. After all reviews are complete, secretary of state sends the person who submitted the proposal a sample petition form (MCA 13-27-202). Art. 1953, Const. Direct democracy Simple English the free. 3, 4. 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)). To register as a paid circulator, in the past give years one cannot have been convicted of a crime involving fraud, forgery or identification theft in any state or be subject to a civil penalty due to an election offense. 250.045). Repeal or change restrictions: Cannot veto, and legislature may not repeal. Const. Where to file: Secretary of state (Const. 100.371). Every state also includes requirements as to how the authenticity of signatures are verified, and constitutional amendments often require more signatures than statutory changes. Popular Referendum Overview. II, 1g). 168.471; 168.472). Time period restrictions before placed on the ballot: 180 days must pass after adjournment of the legislature and the election (Const.
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