Which election: Biennial general election (Const. Petition title and summary creation: Secretary of state and approved by attorney general (NDCC, 16.1-01-07). Which election: Next statewide or general election, whichever comes first, that is not less than 60 days after the petition is submitted (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. Art. 34-1807), Circulator oaths or affidavits: Yes (I.C. (IC 34-1803B). 5% of the votes cast for governor at the preceding election; 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. 130.110; 130.120; 130.029; 130.046; 130.041). Laws 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. 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. Tit. Limited to matters that can be enacted by legislation, and no measures that interfere with the legislatures ability to direct taxation of necessary revenues. 3, 52(b) and Wyo. XI, 5 and AS 15.45.410). Art. Cure period for insufficient signatures: Upon notice that the petition was improperly filed, sponsors may amend and correct the petition by circulating and filing a supplementary petition within 10 days of the date that notice was given if 90 days have not expired after the adjournment of the legislative session in which the act was passed (AS 15.45.400). And attorney general reviews legality (MCA 13-27-202; 13-27-312; 13-27-402). Art. Art. 4, 5). 116.160; 116.180; 115.245; 116.210; 116.220. Const. V, 1(6)). 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. Seven years (or two-thirds vote prior to seven years), Two years (or two-thirds vote prior to two years). Art. 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. Which election: Biennial regular election (IC 34-1803). 22-24-306 (W.S.1977 22-24-314). Const. Geographic distribution: In each of two-thirds of the congressional districts, and each petition page must only contain signatures from a singular county (V.A.M.S. Art. Art. 101.161). Where to file with: Secretary of state ( 34-1804). Const. Wyoming: Upon request, the legislative service office or any agency in the executive department shall render assistance in reviewing and preparing comments on the proposed bill. 1953 20A-7-202.5). But such enactment may be amended or repealed at any general regular or special election by direct vote of the people thereon (Const. Initiative. II, 1g; O.R.C. Art. 3, 50). Const. Time period restrictions before placed on the ballot: Signatures must be filed one year prior to the election (SDCL 2-1-1.2). To work in today's reality, it will need amendingsomething that lies beyond the power of the Supreme Court." [1] The following states have initiative and/or veto referendum processes at the statewide level: Alaska. Art. Submission deadline of signatures: For direct initiatives, April 15 immediately before the next general election (U.C.A. A statement of 100 words or less by secretary of administration and finance regarding fiscal consequences of the measure. . Circulator oaths or affidavits: Official sponsors must sign at least two-thirds of the petitions (DCL 2-1-1.2). Additional signatures are needed then. 5, 1; A.C.A. Art. Geographic distribution: 3% of total votes cast for the office of governor from at least 15 counties (Const. 48). II, 9). 72.050 and .060). Nonpartisan staff of general assembly prepare summary, analysis and fiscal review (C.R.S.A. 23-17-7; 23-17-9; 23-17-15). Stat. What is on each petition: Petition must include full and correct title and text of the law (Const. 48, Init., Pt. Proponents must file reports of payments made to signature gatherers (IC 67-6612). Const. Utah: The governor must decide that two measures are in conflict (U.C.A. 19, 3; N.R.S. Submission deadline for signatures: Must be submitted before 5 p.m. no later than the earlier of 30 days after the first individual signs the petition or 40 days after the legislative session ends (Utah Code 20A-7-306(1)). Art. Circulator requirements: Registered voter (RCW 29A.72.120 and .130). Who can sign the petition: Any qualified voter (AS 15.45.350). Art. Some states limit the number of sections of code or the constitution that may be altered. If legislature amends, it does not go into effect until the original is rejected by the voters (OH Const. Art. Law 6-203(b)). 54 53). Const. There has been one exception: The case Initiative and Referendum Institute v. Jaeger (2001) in North Dakota upheld the ban on paying per signature. Where to file: Lieutenant governor (Const. Direct democracy is the term we in government use to describe the ability of the voters to take matters into their own hands. Ten% of votes cast in last general election. 905 and 1 M.R.S.A. III, 2). IV, 1(4) and ORS 250.045). Allowed to pay another for their signature: Prohibited (RCW 29A.84.250). Attorney general prepares abstract to be posted at polling places. 32-630; 32-1546), Number of signatures required: For statutory initiatives, 7 % of votes cast for governor in last election. 3501.38). 22-24-402. Circulator oaths or affidavit required: Yes (NRS 32-630 and -1404). 6, 1). Const. Art. None specified for title, and summary "prepared by the person authorized by law. Proponent financial disclosure requirements: Include but may not be limited to no anonymous contribution in excess of $25, disclosure of contributors, corporations and labor organizations are allowed to make contributions and expenditures, following timelines and deadlines apply for filing reports (V.A.M.S. Timeline for taking effect: Thirty days after the election at which it was approved (Const. Proponent financial disclosure requirements: Political committee must file a statement of organization. 116.17). Art. Fiscal review: The chief legislative budget officer prepares a fiscal analysis, the summary of which will appear on the ballot (MS Const. Verification: Random sampling (MCA 13-27-303). 32-1405.01). 54, 53, Drafted by sponsors and approved by board of state canvassers. Const. If petitions are insufficient, sponsors may circulate and file a supplementary petition within 10 days of the date that notice was given if 90 days have not expired after the adjournment of the legislative session at which the act was passed. Petition title and summary creation: Proponents draft (NRS 32-1405). 34, 1, Const. a. . 12, 2). Art. M.G.L.A. For statutory initiatives, must be submitted to be verified before appearing before the legislature on the second Tuesday in November in even-numbered years, or the next day (N.R.S. III, 6). Code Ann. 7-9-103), Geographic distribution: From 15 different counties, with each countys petition having signatures of at least half of the designated %age of electors of the county (Ark. 3, 9; 2011 N.D. Op.Atty.Gen. Proponent organization and requirements: Application must be signed by ten qualified voters (Const. Recall, the device by which voters may remove public officials from office, also originates with the people. Six states do not have a law governing conflicting measures: Florida, Illinois, Montana, Oregon, South Dakota and Wyoming. The decision may take the form of a ballot question, a private survey, or a poll. IV, 1). Code 9604). 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. 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. Must also meet conditional certification (W.S.1977 22-24-304; 22-24-308). 1. guarantee government jobs for the unemployed. For constitutional amendments, 10 % of votes cast for governor in last election (Ne.Rev.St. Const. 4, 1, Pt. Other subject restrictions: If there are insufficient state funds and the measure does not provide a source, it is effective 45 days after next regular legislative session (M.R.S.A. Const. 4, Pt. Which election: General election, or at a special election ordered by the general assembly (Const. Allowed to pay another for their signature: Prohibited; a petition section is invalid if this happens (CRS 1-40-111(3)(IV)). Rule 2.79; Oklahoma Ethics Commission's Guide for Political Action Committees, Oregon: O.R.S. 168.32). 7-9-103). To make it more difficult to place initiatives on the ballot and to ensure initiatives do not represent just the interests of heavily populated areas, some states have created a requirement that signatures be gathered from across the state. Public review or notice: Any voter or group on or before July 20 may file an argument of 500 words or less. Const. Filed within one year of receiving notice that petitions are ready. 24 States may have the direct initiative, the indirect initiative or the choice of either. Who creates petitions: Secretary of state (Wyo. Law 6-202). Const. Proponent financial disclosure requirements: Include but may not be limited to being considered political action committees, following regulations for political advertising, and the filing of contribution and expenditure reports (W.S.1977 22-1-102; 22-24-201; 22-24-306). 34-1813), Repeal or change restrictions: No time limit or majority restrictions for legislature to overturn or alter, Types allowed: Citizen initiative for constitutional amendments. Const. Art. Art. Proponent organization and requirements: A committee of three applicants must be designated to represent the sponsors in all matters pertaining to the petition. 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. Allowed to pay another for their signature: Prohibited (SDCL 12-26-15). For example, Australia defines 'referendum' as a vote to change the constitution and 'plebiscite' as a vote which does not . AB 45; 30). Massachusetts (M.G.L.A. Otherwise, they may submit an alternative measure. For statutes: If not passed by the legislature within 40 days, it is placed on the next general election's ballot. 21 1; A.R.S. Prepared by the secretary of state, upon consultation with the Fiscal Analysis Division of the Legislative Counsel Bureau. Secretary drafts a summary of 100 words or less, approved by attorney general (Mo.Rev.Stat. 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. 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. The second sampling must use a greater number of signatures than the first. Recall. Circulation may begin once the attorney general has drafted a circulating title and summary; petition must be submitted within 90 days after the enactment date of the statute. Michigan: The director of elections, with the approval of the board of canvassers, prepares a statement of designation for the ballot. Const. 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. They represent direct check on democracy as people can exercise their powers to accept or reject a piece of legislation. Time period restrictions before placed on the ballot: Petitions cannot be filed more than 65 days before the deadline. Const. 3519.21. Petition title and summary creation: The title of the act subject to the petition appears on the petition (Utah Code 20A-7-303). 3519.03; 3519.01; 3519.062). Art. Amend. Const. 901 and 1 M.R.S.A. Nine states do not include a process in statute for an individual to withdraw his or her signature. Repeal or change restrictions: Only laws that change vote requirements require a supermajority (OR CONST Art.II, 23; Art. Art. 3, 52(b) and Wyo. 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). Maine: If neither receives a majority, the one receiving the most votes, if it receives more than one-third of the votes given for or against both, will appear at the next statewide election to be held not less than 60 days after the vote (M.R.S.A. If 110 % or more, the petition passes. Petition title and summary creation: Secretary of state provides serial number, and attorney general writes a title posed as a question and summary (Miss. Who can sign the petition: Registered qualified voters (Cal.Elec.Code 105, 9020, 9021), Geographic distribution: None, but may only sign petition circulated in the county of registration (Cal.Elec.Code 9021), Collected in-person: Yes (Cal.Elec.Code 100), Withdrawal process of individual signature: Written request with county election official before petition is filed (Cal.Elec.Code 103, 9602). A statement of organization is required (Govt. 34-1812a, 34-1812b, I.C. Six% of the qualified electors at the time of the last general election in each of at least 18 legislative districts, out of 35 total districts. These include filing reports and designating organization officers. Art. 3, 50; V.A.M.S. Take a minute to check out all the enhancements! Contributions of $1,000 or more must be reported within 48 hours after receipt. Stat. Circulator requirements: Must be 18 years old and registered with the secretary of state. 54 53). Number of signatures required: 10% of the total number of votes cast in the last general election; or 25% to suspend operation of the act until the election (Const. For constitutional amendments, 8 % of total vote for governor in the last election in each of two-thirds of the state's congressional districts (V.A.M.S. III, 5 and 6; NDCC 16.1-01-09(7). Art. Law 6-203(c)). The descriptive title, which is printed below the official title on the ballot, is written by the secretary of state with the approval of the attorney general. What is on each petition: Sponsors create petitions pursuant to guidelines in statute. Proponents then file the measure with the secretary of state (I.C. Law 7-103(c)). Art. 2, 10; N.R.S. Art. III, 3 and MGL ch. Types allowed: Direct initiative for statutes and constitutional amendments and popular referendum, Single subject rule: Yes (V.A.M.S. Geographic distribution: The required signatures must be distributed equally among all of the petition districts (NRS 295.012 and NRS 293.127563). A groups name must include the title or common name of the measure if the group intends to direct more than 50% of its contributions or expenditures toward a single measure. 34-1805), Who can sign the petition: Qualified electors (I.C. These states require that in addition to receiving a majority of the votes cast on the measure, those votes must be equal to or more than a specified percentage of the total votes cast in the election. For direct constitutional amendments, it is nine months and three weeks. II, 1b and 1g; O.R.C. Art. 54, 53). 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. St. 32-1405.01; 32-1405.02; 32-1413, Ohio: OH Const. Paid per signature: May be paid (Ark. 1-40-116). Circulator oaths or affidavit required: Yes (Const. ), Const. Either way, the measure is put before the people (MS Const. L-04, 2011 WL 1130010 (July 5, 2011). Art. Petition title and summary creation: Proponent with attorney general approval (A.C.A. Art. Improved homework resources designed to support a variety of curriculum subjects and standards. 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. Legislature may repeal statute with majority vote (Const. 54, 53). Const. 3, 2; NDCC, 16.1-01-17. No registered sex offender may circulate a petition unless the person is in the employ of and under the immediate supervision of another person and under circumstances which preclude any contact with children. Signers must be residents in at least three-fourths of the state house districts, and signatures in each house district must equal in number at least 7% of those who voted in the preceding general election, 3% of total votes cast for the office of governor from at least 15 counties. 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). 353), What is on each petition: Fiscal impact statement, summary by secretary of state, name of circulator and statement on right of signer to read summary and fiscal statement before signing, and instructions from secretary of state (21-A MRSA 901, 903). A deposit of $100 is required; deposit is refunded if the petition is properly filed and retained if it is not properly filed (AS 15.45.260 and .270). In the U.S., the terms initiative and referendum refer to processes that allow citizens of states to vote on particular pieces of legislation.. Submission deadline of signatures: Ninety days from the official set date from the secretary of state (34 Okl.St.Ann. No amendment may change more than one section, no appropriations, and no local or special laws. Code Ann. Contributions of $1,000 or more must be reported within 48 hours after receipt (IC 67-6607). 2, 4, Pt. 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. 3, 52(g) and Wyo. Art. Circulator oaths or affidavits: Yes (34 Okl.St.Ann. The secretary of state then refers both to the attorney general, who determines the legal sufficiency of the issue, approves the petitioner's ballot statements and determines whether a fiscal note is necessary. 8), South Dakota (SDCL 12-13-25.1; 12-13-26; 2-1-1-1; 2-1-1-2), South Dakota (SDCL 12-13-25.1; 12-13-26), Alaska: AS 15.13.040; 15.13.050; 15.13.065; 15.13.110, Arkansas: A.C.A. Art. Cannot relate to: religion, the judiciary, specific appropriations, local or special legislation, the 18th Amendment of the constitution, anything inconsistent with the Declaration of the Rights of the Inhabitants of the Commonwealth of Massachusetts (M.G.L.A. 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. 1(9) and ARS 19-112). 23-17-47; 23-17-49; 23-17-51; 23-17-53, Missouri: V.A.M.S. Const. 3519.02; 3501.381). 905-A and M.R.S.A. V, 1(3), "The filing of a referendum petition against any item, section, or part of any act shall not delay the remainder of the act from becoming operative.". Legislature or other government official review: Legislature reviews the indirect statutory initiatives. Art. Reports of contributions and expenditures of $500 or more must be made within two days between the 25th day of the month before an election and the day of the election. Const. 2, 1). initiative referendum and recall are examples of quizlet. 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). Art. 168.474a; 168.486; 168.477; 168.32). Art. Public review or notice: The secretary of state also furnishes an information pamphlet with the title, fiscal statement if applicable, its complete text, the form in which it'll appear on the ballot, arguments for and against it, and rebuttal arguments, and will publish notices in newspaper (MCA 13-27-401; 13-27-402; 13-27-410; 13-27-311). Amend. Code Ann. If raising more than $5,000 in a year, the entity must register as a ballot question committee. II, 1a; 1b). Florida: Attorney general can request advisory opinion on the constitutionality of a measure from the state supreme court. Art. IV, pt. 116.100). V, 1(4)(a)). The next regular or general election occurring subsequent to the 125 days after filing signatures. Legislature or other government official review: For indirect statute petitions, the legislature has 40 session days to pass or reject the unchanged or un-amended measure. Application must include act to be referred; statement of approval or rejection; printed name, signature, address and numerical identifier of not less than 100 qualified voters who will serve as sponsors; the designation of a referendum committee consisting of three sponsors who will represent all sponsors and subscribers in matters relating to the referendum. Const. Twenty-four states have the initiative process ( list ). Paid per signature: Yes, and reporting is required (21-A MRS 903-A(5)). Art. 116.180; V.A.M.S. In odd-numbered years, year-end reports are required (SDCL 12-27-22). 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. Missouri: 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. These include filing reports and designating organization officers. Art. This was a highly popular proposal to reduce property taxes in the state by 57 percent. Timeline for taking effect: Thirty days after the official declaration of the vote unless provided otherwise in the measure (Mississippi Const. Some states do not specify a method for verification. Const. Withdrawal process of individual signature: May not remove after official submission of petitions (O.R.S. Five states impose an additional threshold. II, 1c and 1g; ORC 3519.16(F). Const. 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. The ordinance is suspended from becoming effective pending the outcome of the election. Geographic distribution: 5% of the vote cast for governor at the preceding election from at least one-third of total legislative districts (Const. Art. Const. LXXXI, 4). 1-40-113). Constitution 48, Pt. Timeline for taking effect: Thirty days after the election unless otherwise provided in the act. Circulator oaths or affidavit required: Yes (Const. Semiannual statements of contributions and expenditures are due July 31 and January 31. Formal processes vary greatly, such as the requirement of a formal sworn statement in Missouri (V.A.M.S. V, 2). and more. Ballot title and summary: Attorney general (SDCL 12-13-1.1 and -9). M.G.L.A. 116.334). Proponents, but certified by state board of elections and reviewed by attorney general. 116.320). Application process information: Application form will be prescribed by the secretary of state. On the next general election or a special election if ordered by the legislature. In California (Cal.Const. 5, 1), Ballot title and summary: Title board (C.R.S.A. 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. 106.19, 100.371, 120.54, Idaho: I.C. Geographic distribution: None (MCL 168.471 requirement that no more than 15% come from a single congressional district was found unconstitutional in AG opinion 7310, May 2019). Const. Art. Proponent financial disclosure requirements: Must file a statement of organization as a political issues committee no later than seven days after receiving contributions or making expenditures totaling at least $750, and annually by 5 p.m. on January 10 thereafter, unless it has filed a notice of dissolution (Utah Code 20A-11-801).