May be withdrawn by any of the people authorized to do so in the original application; withdrawal is made via a form prescribed by the secretary of state. Art. OK Const. 168.472). Code 102). LXXXI, 4). For direct initiatives, signatures must be submitted by Feb. 15 immediately before the next general election. 32-1405.01). Timeline for taking effect: Becomes effective 30 days after the day it is approved by a majority of votes (Const. Allowed to pay another for their signature: Prohibited (SDCL 12-26-15). Cure period for insufficient signatures: If signatures are determined to be insufficient, an additional 10 days is allowed to gather additional signatures (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. 14, 3), Which election is a measure on: General election (ILCS Const. The board may certify them, or if it finds they are misleading or confusing, may refuse to certify them. 5, 1). Who can sign the petition: Legal voters (Const. 4, 2; Constitution 48, Init., Pt. 4, Pt. Timeline for collecting signatures: Signatures may be collected as soon as petition is approved and must be submitted to counties four weeks prior to the deadline (MCA 13-27-301). 7-9-107). See ACA 7-9-126. Successful ballot initiatives can create, change or repeal state and local laws . Art. (21-A M.R.S.A. Types allowed: Direct citizen initiative for statutes and amendments and popular referendum, Single subject rule: Yes (C.R.S.A. One of three authorized people must submit a notice of withdrawal with the secretary of state. 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. Stat. 168.482; 168.544c). Stat. 23-17-5). XLVII, Pt. What is on each petition: Must follow prescribed form and include the full text of the measure, a legal warning, an affidavit, the maximum number of signatures, paper and font, spacing, and if the circulator is paid (Neb.Rev.St. Circulator requirements: US citizen and at least 18 years old (CRS 1-40-112). Collected in-person: Yes, In-person (21-A MRS 902). Must include a warning about unlawful signing, a circulator affidavit and a notification as to whether the circulator is paid or volunteer. Art. Art. Const. II, 9 and Mich. Comp. 48, Init., Pt. Governor may call a special statewide election for the measure. Petitions always include a title and/or summary of the proposed measure, although who writes this information varies. 2, 9; M.C.L.A. Types allowed: Indirect initiative for statutes, direct initiative for constitutional amendments and popular referendum. Who creates petitions: Secretary of state (N.R.S. II, 1b; O.R.C. II, 1(b)). 15, Sec. Art. II, 1g). St. 32-1409). Submission deadline for signatures: Not less than four months prior to the next general election (Const. Art. Several states require two officials to write or review the title and/or summary, given their importance to a ballot measure. Art. Art. 21-A, ch. Submission deadline of signatures: For statute initiatives, no later than three months prior to the election the measure is to be voted upon, and must submit to the county officials no sooner than nine months and no later than four weeks prior to the final deadline (MT CONST Art. Code 9001). Massachusetts: Proponents may alter the measure in small ways after legislature reviews it. 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. What is on each petition: Must be in substantially the same form as initiative petitions, containing a title, a warning and the full text of the act (IC 34-1801A). Same if an alternate measure is proposed (M.C.L.A. Reports of contributions received, and expenditures made must be filed at least seven days before any primary, special or general election (Wyo. Const. Art. Code Ann. 116.115). Signatures are valid for two years, but a petition can circulate indefinitely, and filed at least 30 days before Feb. 1 of the year of the general election that the measure is to be voted upon. Art. Circulator oaths or affidavit required: Yes (21-A MRS 902 and 903-A). 19, 3; Art. Vote requirement for passage: Majority (IC 34-1803). 3, 17(2)). For amendments, 10 % of the total votes cast for governor (M.C.L.A. 4, 3; Constitution 48, Init., Pt. Const. 3, 3; NDCC, 16.1-01-09), Collected in-person: Yes (NDCC, 16.1-01-09). Cal.Const. Vote requirement for passage: Majority (Const. Timeline for taking effect: Effective upon the governor's proclamation of the vote (Const. 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. . Sample petition prepared by secretary of state must include the text of the measure, a statement of purpose and implication, and yes-no statements, as prepared by the petitioner (MCA 13-27-202 and -205). North Dakota: The secretary of state reviews and if the office deems it insufficient, the committee of petitioners has 20 days to correct it. Reports of contributions and expenditures are due by the 15th of every April and October. Circulator oaths or affidavit required: Yes (Const. II, 1g; O.R.C. Arkansas: Exact petition copy filed with secretary of state (A.C.A. 48, Init., Pt. Proponents may suggest title (OH Const. None specified for title, and summary "prepared by the person authorized by law. Art. 3, 52(c) and Wyo. A statement of organization is required. Art. Art. Art. The statement may not be submitted electronically (Utah Code 20A-7-305). II, 1(b) and RCW 29A.72.150). Timeline for collecting signatures: Petitions carried by paid circulators must be filed on a monthly basis (ORS 250.105). In three states (Massachusetts, Ohio and Utah), proponents must gather additional signatures to place the measure on the ballot; in the others, it automatically goes to the ballot. Where to file with: Secretary of state (N.R.S. South Dakota: The Legislative Research Council provides written comments to the attorney general (SDCL 12-13-25; 12-13-25.1). Art. Code Ann. 3519.16. There are two kinds of referenda: obligatory and optional. 1953 20A-7-201). Art. June 22, 2022; a la carte wedding flowers chicago; . Three or more registrars must certify the petitions and follow other rules as per administrative regulations 950 CMR 55 (M.G.L.A. XVI, 1; O.R.C. Const. Attorney general certifies submitted title and measure and summary by secretary of state, with attorney general oversight. Const. 11 3). This ensures that measures will not be passed by a small minority of voters, either because of a low turnout or ballot-drop off (where voters only vote partway through a ballot). Cannot start collecting more than two years before the election (ILCS Const. 3519.04). Art. XI, 5 and AS 15.45.410). Who can sign the petition: Registered voters (Const. Massachusetts (M.G.L.A. Petition title and summary creation: The proponent writes a description of 200 words or less of the effect the measure would have if approved by voters (NRS 295.009). Art. Let's break down each to understand . Paid per signature: No ban, but must state employer if paid (O.R.C. XLVII , Pt. 15, 273). And attorney general reviews legality (MCA 13-27-202; 13-27-312; 13-27-402). Some of the states also require signatures to be gathered from across the state, although some of these requirements have been found to be unconstitutional. 2, 1), Ballot title and summary: Attorney general (RCWA 29A.72.050), Time period restrictions before placed on the ballot: No additional statute. A committee must be formed upon the occurrence of any of the following in a calendar year: receiving $2,000 or more in contributions, , making independent expenditures totaling $1,000 or more or making contributions totaling $10,000 or more. 116.110). 3, 50, 51). Const. II, 1g; O.R.C. Const. Therefore, rules restricting the ability to change or repeal measures apply to statutory measures, which are available in 21 states. Const. 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. Timeline for taking effect: For statutes, 10 days after the date of the official declaration of the vote, and for amendments, 45 days after election (M.C.L.A. Art. Prov., Pt. St. 32-628; 32-1546), Paid per signature: No ban, but must state whether the circulator is paid or volunteering on the petition (Neb. Timeline for taking effect: Upon approval by the voters (Const. 19, 2), Who can sign the petition: Registered voters (N.R.S. Art. 23-17-1; 23-17-3). Petition sheets will always include space for signatures. Collected in-person: Yes (Utah Code 20A-7-303(3)). Prepared by attorney general, department of finance and the legislative analyst office. Recall. 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. Art. . Art. 1(5)). 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. Petition title and summary creation: Secretary of state (21-A MRS 901(4)). III, 52(a)). Timeline for collecting signatures: One year, but proponents must submit to the county officials no sooner than nine months and no later than four weeks prior to the final deadline (MCA 13-27-301; 13-27-202). 218D.810; 293.267). Art. Ten% of votes cast in last general election. Maine: Secretary of state, along with revisor of statutes, may reject petition application if it does not conform to drafting conventions for statutes. 3, 1 and SDCL 2-1-1 and 2-1-5). Timeline and deadlines for collecting signatures: First 10 signatures must be turned in by the first Wednesday of the September before the assembling of the general court . 12, 2). XVI, 1; Art. Rev. Who can sign the petition: Qualified electors (A.R.S. Number of signatures required: Not more than 5 % of the qualified electors, based on the total number of votes cast for governor at the last preceding gubernatorial elections (Const. Art. Regular election unless otherwise ordered by Legislative Assembly, and restrictions of four months prior to the general election. Geographic distribution: 3% of total votes cast for the office of governor from at least 15 counties (Const. Art. Application process information: Before circulation of an initiative or referendum petition for signatures, a copy shall be submitted to the attorney general who shall prepare a title and summary of the measure as provided by law. The chief petitioners may withdraw at any time before submitting the total number of signatures for verification. Const. Art. II, 1g and ORC 3519.16(F)). Some states have what's called an indirect initiative process. 1-40-111), Paid per signature: Allowed but must obtain license and training (CRS 1-40-135), Allowed to pay another for their signature: Prohibited (C.R.S.A. Art. 34-1809). IV, pt. 19, 2; N.R.S. Who creates petitions: Sponsors create the petition. Fifteen % for amendments (A.R.S. 1(9) and A.R.S. States include a range of requirements for petition format and contents including legal warnings, serial numbers provided by officials, notarization, date of the election the measure is to be voted upon, the measures full text, summary, the district or county where the signature was gathered, if the circulator is paid, fiscal analysis, affidavit of circulator, circulator information, rights of the potential signer, names of proponents or proponent organization and deadline for signatures. 3, 18 and 21-A M.R.S.A. Law 6-205(d)). 5, 11; Art. III, 1). Art. 8). Art. Number of signatures required: 5% of total votes cast for all candidates for secretary of state at the last general election (Const. sought government regulation of child labor. 5, 1). Ark. States decide how the ballot title and summary are created and any requirements for the wording of the measure on the ballot. Allowed to pay another for their signature: Prohibited; a petition section is invalid if this happens (CRS 1-40-111(3)(IV)). Who can sign the petition: Registered electors (Const. In some states, the legislature or governor may order a special election for a measure. Art. Majority to pass: Yes, except in the case of authorizing gambling or lottery, which requires 60 % to pass (RCWA Const. For constitutional amendments, from 44 of 88 counties, signatures from 5% of the votes cast for governor in each county in the previous election. Public review or notice: Secretary of state publicizes the measure in newspapers in every county and prepares a pamphlet that is mailed to every mailing address in the state (5 ILCS 20/2). Withdrawal process of individual signature: Any person who alleges they signed as a result of fraud, coercion, or being intentional misleading as to the substance or effect of the petition, may withdraw their signature by filing an affidavit with the secretary of state any time before the secretary of state has accepted and filed the petition (Miss. 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. What is on each petition: Must include title and complete text must be attached (MCA 13-27-201). 1953 20A-7-702; 20A-7-204.1; 20A-7-701-706). Art. Rev. Board of Election commissioners and then certified to the secretary of state. Arguments for and against are prepared by committees with members appointed first by the secretary of state, the senate's presiding office, and the house's presiding officer. Verification: The circuit clerk of each county in which the petition was circulated will verify the name of every qualified voter who signed the petition (Miss. 3, 52(b) and Wyo. Repeal or change restrictions: Normal amendment referendum required. Art. Contributions in excess of $1,000 from a single contributor received during the 21 days prior to the election must be reported (RCW 42.17A.265). Many cities and about one fourth of the states have incorporated it into their charters or constitutions. 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. Some states also include signatures to be gathered from across the state, although some of these requirements have been found to be unconstitutional. Art. Circulator oaths or affidavits: Yes (34 Okl.St.Ann. For direct constitutional amendments, it is nine months and three weeks. Art. Proponent financial disclosure requirements: Statement of organization must be filed not later than 15 days after the committee made or received contributions or paid expenses in excess of $500; if such activity occurs within 30 days of an election, statement must be filed within 48 hours (SDCL 12-27-3). Twenty-four states have the initiative process ( list ). Art. 5, 1; M.G.L.A. Number of signatures required: 5% of the votes cast for governor at the preceding election (Const. 116.320). V 1). 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. Michigans constitution explicitly grants the legislature the power to amend laws approved by the people by referendum at any time (Const. Petition title and summary creation: Proponents submit a suggested popular name, to be approved or disapproved by the secretary of state (NMSA 1-17-9). XVI, 1), Timeline for taking effect: Thirty days after the election (Ohio Const. 3519.22. 19-111; 19-124). The secretary of state employs a representative random sampling using questionnaires, postcards, telephone calls, personal interviews, etc, or any combinations thereof, to determine the validity of the signatures (NDCC, 16.1-01-10). Statewide election or a special election called by the governor, Next regular or general election that occurs 125 days after filing, Const. Art. Between 90 and 110 %, every signature is verified (C.R.S.A. 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. Designated representatives must, within 10 days of filing a completed petition, file a report containing information about paid circulators and any other expenditures made in relation to circulating petitions (CRS 1-40-121). Timeline for collecting signatures: Not more than 24 months (A.R.S. XVI, 5(b). Govt. Art. Get started for free! Proponent financial disclosure requirements: Include but may not be limited to filing about the use of paid circulators and filing reports (MCA 13-27-112; 13-27-113). Const. 1953, Const. Art. Const. 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. Timeline for collecting signatures: One year after the petition is approved by the secretary of state (NDCC, 16.1-01-09). Art. Taken together, they are called the politics of direct action. The following 11 states use a statistical sampling method to determine if petitions have enough valid signatures: Eleven of the popular referendum states specify a procedure by which a person may withdraw their signature from a petition. 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. Both the initiative and the referendum originated in Switzerland in the first half of the 19th century. V, 1(6)). 7-9-111. Several states have or had statutory bans on paying circulators either per signature or in general. The legislature has the option to enact, defeat or amend the measure. Art. If a petition is insufficient, a period of 20 days is allowed for correction. 250.015; 250.052). 116.030 and .050, Nebraska: Const. Must also be verified on the back of signature sheets by the person who circulated those sheets by an affidavit along with the signature and title of the officer before whom the oath was made (34 Okl.St.Ann. 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). II, 1g; O.R.C. Const. Repeal or change restrictions: None (Const. Collected in-person: Yes (W.S.1977 22-24-312). Stat. 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 house eachthe fifth member is appointed by the four previous members. Const. Circulator oaths or affidavit required: Yes (ORS 250.045(10)). 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. 14, 3 and see Coalition for Political Honesty v. State Board of Elections (1976)). Timeline for taking effect: July 1 after the official canvass (SDCL 2-1-12). 1953 20A-7-202.5). 7-9-104). Types allowed: Direct initiative for statutes and constitutional amendments and popular referendum, Single subject rule: Yes (V.A.M.S. Proponent organization and requirements: Lists of circulators and notaries who notarized the petition sections must be filed with the secretary of state. Attorney general, after receiving written comments from the Legislative Research Council. 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). Art. Where to file with: Secretary of state (OK Const. Circulator requirements: Must be qualified to register to vote pursuant to 16-101. Fiscal review: The chief legislative budget officer prepares a fiscal analysis, the summary of which will appear on the ballot (MS Const. First, the county clerks do a simple tally and the secretary of state totals these. Art. 5, 6; 34 Okl.St.Ann. II, 1b and 1g; O.R.C. Art. This is a device, used mostly in the United States at the state and local level, whereby voters may remove a public official from office before the expiration of his or her term. A legislature committee also reviews the measure by a deadline (N.R.S. II, 9(b) and Elec. Seven states (Alaska, Arkansas, Colorado, New Mexico, North Dakota, Ohio and Oregon) allow sponsors extra time to gather additional signatures if the petitions submitted are insufficient. 19, 2; American Civil Liberties Union of Nevada v. Loma [2006]; N.R.S. Number of signatures required: For indirect initiatives submitted to the legislature, 5 % of all votes cast for all candidates for U.S. president at the last general election. Art. Art. Proponent financial disclosure requirements: All campaign finance activity must be conducted through a campaign finance entity. Ballot title and summary: The secretary of the state and attorney general (W.S.1977 22-24-317). 3519.01; 3519.02; 3513.10). Next statewide or special election after the legislative session concludes sine die, and 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. Const. Art. 1953 20A-7-206; 20A-7-206.3; 20A-7-207). Where to file with: Legislative council and office of legislative legal services first, and then the secretary of state (C.R.S.A. Cure period for insufficient signatures: If petition is insufficient, sponsors have 30 days to solicit and obtain additional signatures, submit proof to show that rejected signatures are valid, or make the petition more definite and certain (NMSA 1-17-12). The legislature shall not have the power to repeal a referendum measure passed by a majority of the voters. 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. Art II, 10 and Elec. 34-1802). Utah requires 60 percent approval for laws that alter hunting and fishing (See Utah Const. Circulator oaths or affidavit required: Yes (Const. 2, Sec. 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. This database contains information on state processes, including subject matter, petitions, circulator requirements, signature requirements and more. Time period restrictions before placed on the ballot: None. Political committees must file reports of contributions and expenditures. Must file monthly financial reports with the Ethics Commission. 3, 1; Art. St. 32-1408. 5, 1), and 60 percent of voters in Florida (F.S.A. Art. II, 1(d)). Majority to pass: Yes (Ark. VI, Subpt. Time period restrictions before placed on the ballot: To be voted on at the next regular or general election subsequent to 125 days after the supplementary petition is filed (OH Const. Circulator oaths or affidavit required: Yes (Const. The legislature may submit a competing measure to the ballot (M.G.L.A. Repeal or change restrictions: No veto by governor. Art. Which election: Statewide or a special election called by the governor (Const. Proponent organization and requirements: Each proponent must certify that s/he is a US citizen, at least 18 years old, and a resident of California, and must provide public contact information (Const. 2, 8. hired children as a source of cheap labor. 34-1804, 34-1809). Circulator oaths or affidavit required: Yes (NMSA 1-17-5 and -6). Allowed to pay another for their signature: Prohibited (ORS 260.558). Petitions must be filed by 5 p.m. on the 90th day after the applicable legislative session adjourns sine die. Who creates petitions: Unclear who actually creates the petition, but it must be created according to a form prescribed by the secretary of state (NDCC 16.1-01-09). Art. 23-17-41). Number of signatures required: 5% of votes cast for all candidates for governor at the last gubernatorial election (Const. Who creates petitions: Sponsors (Elec. Where to file: Attorney general (Elec. If statute petition is passed by the legislature, then it is subject to the referendum. III, 5 and 6; NDCC 16.1-01-09(7). Art. Types allowed: Direct and indirect initiatives for statutes, and popular referendum, Single subject rule: Yes (U.C.A. 168.471 and M.C.L.A. Circulator oaths or affidavits: Yes (V.A.M.S. art. 4). Vote requirement for passage: Majority (Const. Full and correct copy of title and text must be printed on petitions (NRS 32-1403). Depending on the legislature's action, the proponents may continue to pursue placement on the ballot for a popular vote. Indirect initiatives can require two rounds of signature gathering, so timelines and deadlines for these are more complex. Study with Quizlet and memorize flashcards containing terms like During the gold rush, white miners used nativism and racism to justify their violence against Native populations. 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.