Contributions from nonresidents 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. Timeline for collecting signatures: Unlimited, but if number of filed signatures is deemed insufficient, sponsors have 30 days to collect more (A.C.A. 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. 19, 1 and NRS 293.127563). Who creates petitions: Secretary of state (ORC 3519.05(C)). Electronic reports of contributions and expenditures must be filed according to a schedule specified in ORS 260.057. The attorney general may determine an act of the legislature is the same as a proposed law and will remove it from appearing on the ballot (W.S.1977 22-24-304; 22-24-319). 14, 3), Majority to pass: Three-fifths of those voting on the amendment itself or a majority of those voting in the election (ILCS Const. For initiated state statutesorveto referendums, signatures must be gathered from 5% of qualified electors in each of one-third (34) of the state's 100 legislative districts (MT CONST Art. 34-1812c). 2, 3; Amend. Allowable uses of funds by ballot measure committees are specified at Elec. Must file monthly financial reports with the Ethics Commission. 14, 11). 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. Cure period for insufficient signatures: If a petition is insufficient but has at least 75% of the required signatures in total and in each of at least 15 counties, secretary of state must permit at least 30 days to gather additional signatures (Const. To share with more than one person, separate addresses with a comma. 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. What is on each petition: The format follows statute guidelines, must be notarized, must have specific language including legal warning, ballot title and abstract from fiscal impact statement (CRS 1-40-110, 1-40-105.5). 295.056). 905-A and M.R.S.A. 116.100). 218D.810; 293.267; 295.015; 293.252). Public review or notice: The attorney general shall provide a 10-day public comment period after the release of draft title and explanation and revise accordingly after the comment period closes. 8). Petition title and summary creation: Proponents draft (NRS 32-1405). Types allowed: Direct initiative for statute and constitutional amendment, and popular referendum, Single subject rule: Yes (Ne.Rev.St. 11 1 and 5). Out-of-state committees that make expenditures supporting or opposing ballot propositions in Washington are required to file reports (RCW 42.17A.250). But these devices, like the recall, are legal only in certain states and municipalities, not at the national level. III, 5). Timeline for taking effect: For indirect initiatives, 60 days after the adjournment of the legislative session that passed it. Art. Circulator requirements: Age 18 (Neb. Circulator requirements: Must be 18 or older, registered with the secretary of state, and cannot have been convicted or pled guilty to forgery crimes (V.A.M.S. Art. Stat. Sponsor or group who receives contributions or spends over $500 for the passage or defeat of the referendum must file a statement of organization as a ballot question committee. Art. Paid per signature: May be paid (Ark. To schedule an appointment to file an Application for a Serial Number, please contact our office at ballotmeasure@azsos.gov. Art. 4, Pt. Art. Art. 116.030 and .050; includes warning to signers, bill number and title, circulator's affidavit, and full text of the measure. Rule 2.36; Okl.St.Ann. The secretary of state, in consultation with the attorney general, prepares a condensation, explanations for and against, and concise summaries of the bill's impact on existing related laws (NRS 293.250). 5, 1). 1953, Const. V, 3 and OK Stat. Const. II, 1g; O.R.C. Ballot title and summary: Secretary of state drafts ballot language statements that fairly and accurately explain what a vote for and what a vote against the measure represent, approved by attorney general (Mo.Rev.Stat. 168.32). Petition title and summary creation: Attorney general drafts ballot titles and certifies statements (O.R.S. The states vary in the number and the baseline used to determine the number of signatures required. 2, 8, 12). Verification: Random sampling (SDCL 2-1-16). 14, 3 and 10 ILCS 5/28-9), Collected in-person: Yes (10 ILCS 5/28-3), Withdrawal process of individual signature: By written request before submission of the petition to state board of elections or an officer with whom filing of the petition is required (10 ILCS 5/28-3). Art. 48, Pt. N.R.S. Must include the language "a committee for/against Proposition __" in any reference to the committee required by law (Govt. Note that all but two of these statesMaryland and New Mexicoalso have the initiative process. Code Ann. Proponent financial disclosure requirements: Include but may not be limited to organizations supporting or opposing ballot measures considered political action committees and can be considered an unlimited committee, unlimited contributions to unlimited committees, and filing statements of organization and when contributions are made of greater than $1,000 (34 Okl.St.Ann. Several states require two officials to write or review the title and/or summary, given the importance of these items for a ballot measure. Proponent organization and requirements: The cover of an initiative or referendum petition shall designate the name and residence address of not more than three persons as chief petitioners (ORS 250.045(6)). 293.252). Withdrawal process of individual signature: May not remove after official submission of petitions (O.R.S. Art. Circulator requirements: Legal voter (RCWA 29A.72.120). Some states do not specify a method for verification. Art. Circulator requirements: Idaho resident and at least 18 years of age (IC 34-1807). Acts making appropriations for state institutions or to meet deficiencies in state funds, Laws necessary for the immediate preservation of the public peace, health or safety, and laws making appropriations for the current expenses of the state government, for the maintenance of state institutions and for the support of public schools. 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. 3, 2; NDCC, 16.1-01-17). Art. Allowed to pay another for their signature: May not use "any fraudulent means, method, trick, device or artifice to obtain signatures on a petition" (A.R.S. II, 9(b)) and eligible registered voters (Elec. Persons involved in a statewide initiative or referendum process are subject to the provisions of the Nebraska Political Accountability and Disclosure Act. Art. 3, 17(2)). In Arkansas and Maryland, the application is filed with the state election board. ", Miss. 19, 2; N.R.S. Application process information: Submit filing fee and a petition signed by 1,000 voters to the attorney general, with a summary and complete copy of the measure. The attorney general may determine an act of the legislature is the same as a proposed law and will remove it from appearing on the ballot (W.S.1977 22-24-304; 22-24-319). Secretary of state, in consultation with attorney general, OH Const. A petition for direct initiative that is approved by the secretary of state and submitted to the legislature must be afforded a public hearing conducted by the joint standing committee that has jurisdiction over the subject matter. 3, 4; MCA 13-27-301; 13-27-202). Where to file: Secretary of the commonwealth (Const. Verification: Sampling method that must include at least 10 % of signatures or more than 5,010 signatures, whichever is greater. In the indirect initiative process, a proposed initiative is referred to the legislature after proponents have gathered the required number of signatures. Who can sign the petition: Legal, registered voters (V.A.M.S. Art. Other subject restrictions: Amendments that propose a tax or fee not in place in November 1994 require a two-thirds vote to pass (F.S.A. Who can sign the petition: Electors (O.R.S. Ballot title and summary: Prepared jointly by the secretary of state and attorney general (IC 34-1810(1)(b)). General election, and signatures must be verified no later than Feb. 1 of the year of the general election. For an act passed less than 45 days before June 1, the first third of the required number of signatures must be submitted within 30 days of the acts passage, and the time for filing the additional required signatures is extended another 30 days. Allowed to pay another for their signature: Prohibited (NDCC, 16.1-01-12). Const. If a petition is insufficient, a period of 20 days is allowed for correction. The first statewide general, special, special runoff, or primary election after the petition has been filed, a legislative session has convened and adjourned, and a period of 120 days has expired since the adjournment of the legislative session. This practice was first adopted by the state of Connecticut in 1818, and by the 20th century it had become the prevailing way of changing constitutions. Art. The reform movements of the Progressive Era generally focused on . Op. Proponent financial disclosure requirements: Include but may not be limited to regulations on contributions, deadlines for filing reports, airing electioneering advertisements, statements, political communications, solicitation from certain groups and expenditures (O.R.C. 22-24-414). 2. stimulate democratic reforms such as the initiative and the referendum. Where to file: State Board of Election Commissioners (Const. IV, 1(4)). All states require proponents of a popular referendum to follow guidelines. VI, Subpt. 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). LXXXI, 4). Proponent organization and requirements: None specified. In calendar quarters with an election, additional reports are due 10 days before the election and 15 days after the election. Circulator oaths or affidavits: Yes (NDCC Const. Collected in-person: Yes (Elec. The ballot initiative, a form of direct democracy, is the process through which citizens exercise the power to place measures otherwise considered by state legislatures or local governments on statewide and local ballots for a public vote. Proponent financial disclosure requirements: Within three days of making an expenditure or receiving a contribution, a political committee must file a statement of organization and designated a treasurer (ORS 260.035). Other subject restrictions: No amendment may change more than one section, no appropriations, and no local or special laws (MT CONST Art. 5, 1; M.G.L.A. 250.045). Amend. 23-17-9), Time period restrictions before placed on the ballot: Ninety days before the first day of the legislative session and the first five measures make it on the ballot (Miss. RCW 42.17A.205, 42.17A.235, 42.17A.250, 42.17A.260, 42.17A.265. Other types of review might include recommendations on wording. 353, M.G.L.A. A statewide special election may be called for amendments. Cure period for insufficient signatures: There is a 15-day cure period after a statement of insufficiency is issued by the secretary of state, and proponents may deliver additional signatures during this time (CRS 1-40-117). Verification: For each signature, county clerk verifies if the person is a registered voter (Utah Code 20A-7-306(3) and -306.3). Timeline for collecting signatures: Eighten months. Circulator requirements: Signed statement if paid and 18 years old (Cal.Elec.Code 104, 9022, 9610; Code.Civ.Proc. 3. create a unicameral national legislature. If passed by legislature, it is subject to the referendum (M.C.L.A. Signatures must be filed with the secretary of state by the 50th day of the first regular session or by the 25th day of the second regular session. 3, 53. Art. Proponent organization and requirements: Application must be signed by ten qualified voters (Const. 100.371), Fiscal review: Yes, by the Financial Impact Estimating Conference (F.S.A. Timeline for taking effect: Within at least 30 days (I.C. Art. 295.009). Art. 21-A M.R.S.A. Amend. 116.120). Weve been busy, working hard to bring you new features and an updated design. Every state also includes requirements as to how the authenticity of signatures are verified, and constitutional amendments often require more signatures than statutory changes. V, 1(3)). Ohio: Reviewed by attorney general and Ohio ballot board, which also writes pro or con statements if not supplied. Const. Const. 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. Allowed to pay another for their signature: Prohibited (Utah Code 20A-7-312(3)). Proponent financial disclosure requirements: There is a principal circulator whose information is publicly available upon request (NRS 32-1406). St. 32-1405). MCA 13-27-301; 13-27-202; MT CONST Art. Art. Ethics Commission rules 2.79, 2.80, 2.103, 2.109, 2.122. Reports of contributions and expenditures are due on the 12th day before an election, the 38th day after an election and the last business day of January and July of every year (ORC 3517.10). There is another kind of referendum, called the plebiscite (from a Latin term meaning decree of the people), whereby questions or issues are submitted to the vote of the people. 19, 2; American Civil Liberties Union of Nevada v. Loma [2006]; N.R.S. 5, 1), Repeal or change restrictions: No veto by governor, and two-thirds vote by legislature may amend or repeal (Ark. Who can sign the petition: Qualified electors (NDCC 16.1-01-09(2)). 1953, Const. Number of signatures required: For statutory, 5 % of total vote for governor in the last election in each of two-thirds of the state's congressional districts. Sometimes initiatives are first submitted to a legislature. The attorney general submits a draft ballot title and the public may submit written comments in regard to it, which the attorney general may use to revise the title (O.R.S. . Art. III, 6). Additional signatures are needed then. Submission deadline for signatures: Not less than four months prior to the next general election (Const. A warning to signers is required (CRS 1-40-110). 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. e. laws enacted by the federal government., When Californians themselves originate and pass laws, the process they use is called the a. indirect . If the total signatures meet 90-100% of the requirement, the county clerk(s) check all of the signatures until 100% is reached. Who creates petitions: Secretary of state creates a sample petition and then the petition is reviewed by the attorney general (V.A.M.S. Art. Fiscal review: Prepared by the office of budget and management and the tax commissioner if involves taxes or expenditures (O.R.C. Final deadline (this is for counties to transmit verified petitions to the secretary of state) is not less than 120 days before the next general election (Const. Const. Const. Art. For statutory initiatives, 2% of residential population according to the last federal decennial census. Art. 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. Improved homework resources designed to support a variety of curriculum subjects and standards. Petition title and summary creation: Secretary of state, official committee that filed and approved by attorney general (O.R.C. States may apply a single-subject rule or other restrictions. The title of the bill being referred is included on the petition, and a simple statement of the gist of the measure is printed at the top of the petition (authorship is not specified). Petitions must be submitted not more than 90 days after the end of the session at which the act was passed. XVI, 4 and Elec. Art. Art. 12, 2). II, 9). An amendment requires at least one-fourth of members support to get onto the ballot. Art. Art. Amend. Application process information: A petition requesting a referendum and suspension of the law must be signed by ten qualified voters and filed not more than 30 days after the law that is the subject of the petition has become law (Const. For constitutional amendment initiatives, 4% of resident population. Seventeen states have at least one government official draft or review the petition title and/or summary, while proponents draft this language in nine states. 19, 1 and NRS 295.045 and .056. 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. 7-9-104), California (Cal.Elec.Code 9001, 9004; Cal.Const. 23-17-17; 23-17-19). Massachusetts, Ohio and Utah use this sort of process. Timeline for collecting signatures: If the petitions were filed at least 165 days before the election and the signatures are deemed insufficient, they may collect more (O.R.S. Types allowed: Indirect initiative for statutes, direct initiative for constitutional amendments and popular referendum. IV, 1). Proponent organization and requirements: Proponents and opponents register with board of elections (10 ILCS 5/28-9). 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). For statute, 8% of total votes cast for governor in last general election. Timeline for collecting signatures: Must be 180 days from official summary date by attorney general (Cal.Elec.Code 9014). Stat. 3; Const. 3519.04). 1953 20A-7-212). Each state has a unique way of handling the timeline and deadline for signature gathering. 23-17-57; Term Limits Leadership Council v. Clark, 1997). If the legislature does not enact the statute, another round of signatures is required equaling 0.5 % of votes for governor (M.G.L.A. Allowed to pay another for their signature: Prohibited (RCW 29A.84.250). Art. Which election: Next regular or general election subsequent to the 125 days after filing (OH Const. 250.105). Art. Where to file: Secretary of state (Const. Art. Where to file with: Secretary of state (OK Const. Circulator requirements: Must be age 18 or older and resident of Ohio (I.C. For constitutional amendments, signatures must be gathered from 10% of qualified electors in each of two-fifths (40) of the state's 100 legislative districts. 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. Law 7-103(c)). By this means, an act of the legislature can be overturned in a kind of popular veto. Advantages. Random sample of at least 500 or 5% of the signatures, whichever is greater. Mississippi: Attorney general may confer with proponents and may recommend revisions. Withdrawal process of individual signature: After the petitions are submitted for signature verification, individual signatures may not be removed (ORS 250.025). 23-17-1), Proponent organization and requirements: Statement of organization if operating financially (Miss. And must be filed four months before election. 13, 1). Which election is a measure on: General election (SDCL 2-1-17). Additional statements for ballot measure committees are due April 30 and Oct. 31 (Govt. II, 1g; Art. XVI, 1), Timeline for taking effect: Thirty days after the election (Ohio Const. Circulator requirements: Must be an elector and must be 18 or older (NDCC Const. No county recorder or justice of the peace may circulate, and no circulator banned pursuant to 19-119.01 ((A.R.S. Art. Of the 24 states, 18 allow initiatives to propose constitutional amendments and 21 states allow initiatives to . III, 3, Const. 3, 20 and 21-A MRSA 901). Who can sign the petition: Electors (Const. If the legislature rejects the measure, the legislature may propose an alternative measure (with the approval of the governor), and it will appear on the ballot along with the original initiative. 7-9-404; 405; 406; 407; 408; 409). 116.334; 116.260). 2, 24). Which election: Next succeeding election at which the question may be voted upon by the voters of the entire state (Const. Timeline for taking effect: Thirty days after the election unless otherwise provided in the act. Wyoming: in excess of 50% (Const. Referendum is a decision for the general assembly to put a bill on the ballot. 3519.05; 3501.38; OH Const. In the United States, during the 1982 congressional elections, there were successful, nonbinding plebiscites in several states and municipalities on the issue of a nuclear weapon freeze. Who can sign the petition: Any qualified voter (AS 15.45.350). Which election is a measure on: The next regular or general election occurring subsequent to the 125 days after filing signatures (OH Const. 24 States may have the direct initiative, the indirect initiative or the choice of either. Art. Random sample process must require the random selection and verification of 500 signatures or 5% of the total signatures on the petition, whichever number is greater, to determine what percentage of the random sample is composed of signatures that are authorized by law to be counted. Art. Direct democracy Simple English the free. 15, 273), Who can sign the petition: Qualified electors (MS Const. 3517.01, .08, .10, .11, 12, .13, .20, .092, .093, .102, .105; O.H.R. c. representative democracy. Art. Art. 19-101(A), Maryland: Const. 48, Pt. Const. Subject restrictions: May not be used for laws necessary for the immediate preservation of the public peace, health or safety, and laws making appropriations for the current expenses of the state government, for the maintenance of state institutions and for the support of public schools (Const. Massachusetts: at least 30% (Const. For indirect initiatives, about nine months (proposed measure submitted within 10 months of the session it is to be submitted at with a deadline of 10 days before the session). XI, 3 and AS 15.45.320(5)). 116.030). Repeal or change restrictions: None (Const. 3, 8). NDCC Const. Const. III, 1). Public review or notice: None other found.. Circulator requirements: 18 years-old and US citizen and sworn oath by an official sponsor of the initiative as to the identities of the proposed circulators (W.S.1977 22-24-306). Art. There is a filing fee of $2,000, which is refunded if the measure qualifies for the ballot within two years (Const. Art. Where to file: secretary of state (Const. Proponents of an initiative, referendum, or recall effort must apply for an official petition serial number from the Town Clerk. In the others, the measure goes directly to the ballot after it is submitted to the legislature. The legislature can provide for a different effective date with a two-thirds vote of the membership of each house (Const. 2, 10), Timeline for taking effect: Day after the election unless otherwise specified (Cal.Const. 54 42A, 53; M.G.L.A. 5, 1). 23-17-7; 23-17-9; 23-17-15, Proponents, approved or rewritten by attorney general, Proponent, with possibility of being amended by statute, Secretary of state and approved by the attorney general. What is on each petition: Petition must include title of the act, and if only a portion of the act is sought to be referred, the number of the section or sections or portion of sections of the act designating such portion (Const. Either way, the measure is put before the people (MS Const. provided safe working conditions for child laborers. 3, 50; V.A.M.S. Petitions are deemed invalid if signatures are gathered in violation (ORC 3501.381). Art. CONST. Proponents, but certified by state board of elections and reviewed by attorney general. Legislature or other government official review: Secretary of state writes arguments for and against the measure with information provided by proponents and opponents (Neb.Rev.St. States include a range of requirements for petition 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 statement abstract, affidavit of circulator, circulator information, rights of the potential signer, names of proponents or proponent organization, statement of the proponent organization and deadline for signatures. II, 1g; Art. 3, 5). The official title of the bill that is subject to the referendum appears on the ballot. Proponent organization and requirements: A person, committee or political party that pays signature gatherers is required to file the same financial disclosures required under Title 13, Chapter 37 (MCA 13-27-112). 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.
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