The ballot title may be distinct from the title of the law that is the subject of the petition (Utah Code 20A-7-308). seq). California is one of two dozen states that gives voters these checks on elected officials. Reports of contributions and expenditures must be filed no later than the eighth day before the election, the 30th day after an election and the 15th day following the close of each calendar quarter. This is generally the secretary of state, but in Alaska and Utah, the lieutenant governor is the states chief election officer. Geographic distribution: For indirect statutory initiatives, signatures must be collected from at least 44 of 88 counties, equaling 1.5 % of the votes cast for governor in each county in previous election. Circulator requirements: Idaho resident and at least 18 years of age (IC 34-1807). If the petitions are approved and the signatures are valid, the proposal can be voted on. Who can sign the petition: Qualified electors (NDCC 16.1-01-09(2)). Contributions greater than $3,000 that are received after filing the pre-election report must be reported within 24 hours of receipt. 3503.06). Constitution 48, Pt. Geographic requirements based on U.S. House districts, which must be highly equal in population, have been ruled constitutional. Supermajority vote only to change vote requirement. Public review or notice: Public may comment on public and internet posting of measure by attorney general for 30 days and then proponents may amend the measure (Cal.Elec.Code 9002). Art. Withdrawal of petition: The chief petitioners may withdraw at any time before submitting the total number of signatures for verification. Art. Amend. 22-24-414). Final deadline is not less than 120 days before the next general election. 6, 1), Repeat measures: Two years (U.C.A. 19, 1). The same safe and trusted content for explorers of all ages. II, 1g). Conflicting measures: Voters may choose one or reject both. Statutes for petition contents for each state: Every state includes requirements for circulators operating in the state. Skip over the Blank Pages below! 2, 9). Art. RCW 42.17A.205, 42.17A.235, 42.17A.250, 42.17A.260, 42.17A.265. A person also qualifies as a ballot measure committee if 2% or more of its annual revenues, operating expenses or funds are used to make contributions to another ballot measure committee which exceed $10,000 in value (ACA 9-7-402). 14, 3), Which election is a measure on: General election (ILCS Const. Cal.Elec.Code 9005; Cal.Gov.Code 12172. Reports are due 30 days before the election, one week before the election, 105 days after a special election and on February 15 for all contributions and expenditures not already reported. 116.025). 34-1803b). 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). The use of the device gained momentum with the emergence of groups concerned with specific issues such as civil rights, abortion, capital punishment, nuclear power, tax policies, handgun control, and the environment. Petition title and summary creation: Attorney general (ORS 250.065(4)). Get started for free! Art. Ballot measure committees have the following additional reporting requirements: initial disclosure report is due 15 days after the committee begins raising or spending money, with subsequent quarterly reports until the pre-election report is due. Application process information: Not available in statute. The legislature has the option to enact, defeat or amend the measure. c. representative democracy. Sponsors submit full petition to title board for review (CRS 1-40-105). 2, 8). Which election: Biennial general election (Const. St. 32-1405.01; 32-1405.02; 32-1413). Art. For constitutional amendments, generally take effect upon passage. 2, 1). Art. For citation information, please contact the NCSL Elections and Redistricting team. No person shall qualify as a petition circulator who has been convicted of, found guilty of or pled guilty to an offense involving forgery under the laws of this state or an offense under the laws of any other jurisdiction if that offense would be considered forgery under the laws of this state (Mo.Rev.Stat. 19, 3; N.R.S. III, 3 and NDCC 16.1-01-09(2)). Verification: The legislature may authorize generally accepted statistical procedures. Art. art. 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. 19, 3; N.R.S. V, 3; 34 Okl.St.Ann. Const. 116.153). Petitions must be submitted within 90 days of the adjournment of the legislature which passed the law. 48, Init., Pt. 3, 4; MCA 13-27-301; 13-27-202). Who can sign the petition: Registered electors of the state (Const. III, 5(2)). Constitution 48, Init., Pt. Petition title and summary creation: Petition must include a summary of 100 words or less (MCL 168.482). II, 1b; Art. Petitions must be submitted not more than 90 days after the law which is the subject of the petition has become law. (21-A M.R.S.A. There is a filing fee of $2,000, which is refunded if the measure qualifies for the ballot within two years (Const. The Secretary of State's Office is currently operating on an appointment-only basis. 53 7). Withdrawal of petition: May be withdrawn no later than 120 days before the next general election if no less than two-thirds of the petition sponsors file such a request in writing with the secretary of state (SDCL 2-1-2.3). Application process information: Application must be filed by 5 p.m. within five calendar days after the legislative session ends (Utah Code 20A-7-302). Const. Art. Circulator requirements: Name and address must be on petition if paid (F.S.A. II, 1c and 1g). Time period restrictions before placed on the ballot: Submission deadline three months and three weeks prior to election (C.R.S.A. 22-25-101). Art. Const. Ballot title and summary: The secretary of state and the attorney general also jointly make a more descriptive ballot question summary to be sent to voters. Art. Code 9030). Reports of contributions and expenditures must be filed no later than the eight day before the election, the 30th day after an election and the 15th day following the close of each calendar quarter. Art. A yes vote approves the referred act, and a no vote rejects it. 116.100). Alaska: 1959Arizona: 1912Arkansas: 1920California: 1911Colorado: 1910Idaho: Constitutional provision adopted1912, laws specifying mechanics adopted 1933Maine: 1908Maryland: 1915Massachusetts: 1917Michigan: 1908Missouri: 1908Montana: 1906Nebraska: 1912Nevada: 1904New Mexico: 1911North Dakota: 1914Ohio: 1912Oklahoma: 1907Oregon: 1902South Dakota: 1898Utah: 1900Washington 1912Wyoming: 1968, Four states have no restrictions on what sorts of laws can be subjected to the popular referendum: Arkansas, Idaho, Maine and North Dakota. Majority to pass: A majority of votes cast on the measure and not less than 40 % of total votes cast at the election. What is on each petition: There is very little in statute relating to petition contents or format. Application process information: Proponents must submit a statement of the object of the measure and its full text to the secretary of state, along with a sworn list of their addresses and names (Neb. Art. Paid per signature: Cannot be paid based on the number of signatures collected, but can be paid in general as long as disclosing with the secretary of state prior to collecting signatures (NDCC, 16.1-01-12; Initiative and Referendum Institute v. Jaeger, 2001). Repeat measures: More than two elections on the same general matter cannot be held within 12 months (NDCC, 16.1-01-11). Legislature or other government official review: Office of Legislative Research and General Counsel prepares an impartial analysis of the measure, to be included in voter pamphlet. Proponent organization and requirements: Sponsor must file an affidavit that s/he is a registered voter (RCW 29A.72.010). 3519.21; 3519.01; 3519.03), What is on each petition: Full copy of the title and text of the law, room for signatures and information of signers, a signed circulator statement, circulators name and address, name of employer of circulator, summary, attorney generals certification, a notice, and names of at least three of the committee members sponsoring the initiative (OH Const. 4, Pt. Const. 250.036; OR CONST Art. which lies the initiative and referendum-the power of the people to make laws. 130.110; 130.120; 130.029; 130.046; 130.041). Art. The initiative power extends only to laws which the legislature may enact. Art. II, 10(a)). Who creates petitions: Sponsors (Elec. Where to file: Secretary of state and attorney general (ORC 3519.01(B)). A statement must be filed by a ballot issue committee supporting or opposing a measure not more than 35 days after the petition is filed (MCL 169.234). Code 103 and 9602). For direct initiatives, signatures must be submitted by April 15 immediately before the next general election (U.C.A. Where to file: Secretary of the commonwealth (Const. Nevada: The secretary of state will appoint two, three-person committees, one for and one against the measure. III, 6). XVI, 1; Art. Full and correct copy of title and text must be printed on petitions (NRS 32-1403). Tit. C.R.S.A. The mayors of Detroit and Los Angeles were recalled in 1929 and 1938, respectively. XVI, 4). The legislature has four months to pass the bill in amended or unchanged form. Petition for Recall. Const. Allowed to pay another for their signature: Prohibited (A.C.A. Art. 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). Collected in-person: Original ink signatures are required (ORC 3519.051 and 3501.38(B)). Must also meet conditional certification (W.S.1977 22-24-304; 22-24-308). VI, 1 and Utah Code 20A-7-102, Laws passed by a two-thirds vote of the members of each house, Const. Where to file: Secretary of state (NMSA 1-17-8). Nebraska Const. Submission deadline for signatures: Within 90 days after the enactment date of the statute (Const. ), Payment on a per-signature basis prohibited. Conflicting measures: The measure receiving the greatest number of affirmative votes becomes law (Ark. Art. A voter desiring to vote in favor of the law that is the subject of the referendum shall mark the square adjacent to the word "For" (Utah Code 20A-7-309). Time-period restrictions before placed on the ballot: Filed at least four months before election (Ark. 106.191). No statute found; used Term Limits Referendum (Nov. 1996) as a reference. Stat. Application process information: No fee or application prior to circulating. For statutes: If not passed by the legislature within 40 days, it is placed on the next general election's ballot. If legislature amends, it does not go into effect until the original is rejected by the voters (OH Const. V, 1(3)). States with geographic requirements that use entities that are unequal in population, such as counties or even state legislative districts, are more likely to have the requirement challenged in court. Number of signatures required: 5% of total votes cast for all candidates for governor in the last general election (Const. These may be accepted or rejected. Another 3% is required to qualify for the ballot if not enacted by the legislature after four months. 3, 52), Ballot title and summary: Secretary of state, approved by attorney general (V.A.M.S. Majority to pass: Sixty % majority required (F.S.A. 22-24-407. Allowed to pay another for their signature: Prohibited (NDCC, 16.1-01-12). Democracy Definition Examples Cases Processes. Once the lieutenant governor receives the verified packets from the clerks, they count the number of names and declare the proposition sufficient or not (U.C.A. List of the Pros of Referendums. 34-1804, 34-1809). Secretary drafts a summary of 100 words or less, approved by attorney general (Mo.Rev.Stat. 3, 52(c)(ii). Art. Must be a true and impartial statement of the purpose of the measure (MCL 168.482b and 168.22e). If raising more than $5,000 in a year, the entity must register as a ballot question committee. Where to file with: Secretary of state (V.A.M.S. Art. Ballot title and summary: Secretary of the commonwealth drafts a fair, concise summary that appears on petitions and on the ballot (Const. Art. 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). Submission deadline of signatures: Signatures must be filed one year prior to the election (SDCL 2-1-1.2). Proponent financial disclosure requirements: Include but may not be limited to each political committee filing with the secretary of state a statement of organization no later than 10 days after receiving at least $200 in contributions or spending at least $200, and any political committee or individual spending at least $200 must file monthly financial reports with the secretary of state (Miss. Const. Verification: The regular boards of judges, clerks and officers count all of them (I.C. Art. Art. Signatures must be submitted no later than 18 months after the petition form was furnished by the secretary of state, and each signature is only valid for one year. Subject restrictions: Prohibited subject areas include general appropriation laws; laws providing for the preservation of the public peace, health or safety; for the payment of the public debt or interest thereon, or the creation or funding of the same, except as in this constitution otherwise provided; for the maintenance of the public schools or state institutions, and local or special laws (Const. Which election is a measure on: At general elections, except when a special election is ordered by the legislature (V.A.M.S. 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. Where to file with: Secretary of state (OK Const. 4, 1, Pt. III, 4). Repeal or change restrictions: The legislature shall not have the power to repeal a referendum measure passed by a majority of the voters (Const. Thirty percent in Massachusetts (Massachusetts Constitution 48, Init., Pt. Code Ann. Circulator requirements: Age 18 (Neb. Where to file with: Division of Elections (F.S.A. Idaho: Within 20 days after initial petition filing, attorney general reviews and recommends revisions in an advisory capacity. 100.371), Fiscal review: Yes, by the Financial Impact Estimating Conference (F.S.A. Art. Secret ballot. Const. Which election: Next regular general election (Const. Timeline for collecting signatures: Twelve months. Submission deadline for signatures: Within 90 days of the adjournment of the legislature which passed the law (SDCL 2-1-3.1). Code 9010 et. XI, 5 and AS 15.45.410). Art. For constitutional amendment initiatives, 4 % of the resident population (NDCC Const. Fiscal review: The fiscal notes for constitutional amendments and statewide measures proposed by initiative or referendum must be prepared by the secretary of state, upon consultation with the Fiscal Analysis Division of the Legislative Counsel Bureau (N.R.S. Withdrawal of petition: No process specified. For direct initiatives, proponents collect signatures and place the measure directly on the ballot once its certified and verified. 21 1). No. 34-1801a, 34-1804, 34-1809, Illinois: ILCS Const. See Elec. The popular referendum process allows voters to approve or repeal an act of the legislature. Types allowed: Indirect initiative for statutes, direct initiative for constitutional amendments, and popular referendum, Single subject rule: Yes (O.R.C. Timeline for collecting signatures: Must be 180 days from official summary date by attorney general (Cal.Elec.Code 9014). Art. 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. 14, 3 and see Coalition for Political Honesty v. State Board of Elections (1976)). 2; Neb. They represent direct check on democracy as people can exercise their powers to accept or reject a piece of legislation. Art. North Dakota: The secretary of state reviews and if the office deems it insufficient, the committee of petitioners has 20 days to correct it. Art. . In election years, instead of biannual reports, reports are due no later than the second Monday in April, May, September and October, and no later than the Thursday before an election. Fiscal review: The financial estimate committee will estimate costs and consult with the legislative revenue officer (O.R.S. Art. For statutory initiatives, 2% of residential population according to the last federal decennial census. Laws that relate to religion, religious practices or religious institutions; the appointment, qualification, tenure, removal or compensation of judges; the powers, creation or abolition of courts; the operation of a particular town, city or other political division or to particular districts or localities of the commonwealth; or the appropriation of money for the current or ordinary expenses of the commonwealth or for any of its departments, boards, commissions or institutions. 116.320). 3, 53. II, 1c). Circulator requirements: 18 years of age and a US citizen; nonresidents may be circulators but must check a box on the petition disclosing this (MCL 168.544c). Conflicting measures: The measure receiving largest number of affirmative votes is enacted (M.G.L.A. Subject restrictions: Cannot be used on laws necessary for the immediate preservation of the public peace, health or safety, and appropriations for the support and maintenance of the departments of state and state institutions (Const. Withdrawal of petition: May remove no later than 120 days prior to the next general election (SDCL 2-1-2.3). Submission deadline of signatures: For direct initiatives, April 15 immediately before the next general election (U.C.A. XI, 2 and AS 15.45.260). A year after Los Angeles adopted the device, voters in that city recalled a city councilman. After all reviews are complete, secretary of state sends the person who submitted the proposal a sample petition form (MCA 13-27-202). 5, 1; A.C.A. Who creates petitions: Sponsors (RCW 29A.72.100). 15, 273). The increase in any such appropriation for maintaining or aiding any public institution shall only take effect as in the case of other laws, and such increase or any part thereof specified in the petition, may be referred to a vote of the people upon petition (Const. Circulator requirements: Must be at least 18 and an Ohio resident (O.R.C. Initiative. Const. 3, 18, 20). There are critics that disapprove of . Most common are requirements that they be at least 18 years of age, a citizen, a registered voter and/or a resident of the state. 54 53). 4, Pt. Circulator oaths or affidavits: Yes (34 Okl.St.Ann. Must also provide a notarized list of names of proponents and a statement of organization. Art. XLVII , Pt. If 110 % or more, the petition passes. 23-17-49). Study with Quizlet and memorize flashcards containing terms like The initiative, referendum, and recall are examples of a. direct democracy. Considered a committee if individual raises or spends more than $5,000. The secretary of state shall vacate the certification of the official ballot title within three days of receiving notice of the withdrawal (Mo.Rev.Stat. ", Miss. 8). Ballot title and summary: Submitted to Board of Election Commissioners and then certified to the secretary of state (Ark. 130.046). II, 9(b)). 5 1). Which election: Next general election at least 31 days after the measure qualifies or at a special statewide election held prior to that general election; the governor may call a special statewide election for the measure (Const. Code 23-17-60). Office of Legislative Research and General Counsel numbers propositions and proposes a descriptive title summarizing the contents of the measure. And requires full disclosure of campaign staffers (21-A MRSA 1051 et. Who can sign the petition: Qualified voters (M.G.L.A. Const. OK Const. Art. Application process information: Requires 25 or more must signatures as a sponsoring committee and present the complete measure to the secretary of state for approval, one of whom which must be designated as chairman of the sponsoring committee. Who can sign the petition: Electors of the state (OH Const. Like the initiative and referendum, recall originated in Switzerland, where it was made applicable to the entire legislature as well as to individual officials. Proponent organization and requirements: Must obtain certificate of review from attorney general and file petition with secretary of state (I.C. NCSL summarizes the results of the Feb. 21, 2023, special elections in Kentucky, New Hampshire, Virginia and Wisconsin. 8). Canadians, in May 1980, defeated a proposal that would have forced the national government to negotiate sovereignty for the French-speaking province of Quebec. Geographic distribution: From at least 15 of the 29 senate districts, signatures equal to 8% of the number of active voters in the county on January 1 following the last regular general election (Utah Code 20A-7-301(1)). XVI, 3(b)). 5, 1). 19, 3; N.R.S. Art. Timeline for taking effect: The date of the official declaration of the vote thereon by proclamation of the governor, but not later than thirty days after the vote has been canvassed (Const. 6, 22), Other Subject restrictions: No restrictions (See U.C.A. 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 (N.R.S.