Recall. This deadline pertains to when counties must submit petitions with verified signatures to the secretary of state. provided safe working conditions for child laborers. 3, 52(e) and Wyo. Timeline for taking effect: 30 days after the election (Const. 54, 22A, Missouri: Mo.Rev.Stat. Application process information: Text and proposed ballot statements are submitted to secretary of state. V, 1(4)(a)). 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. Timeline for taking effect: Once canvassing of votes is complete (N.R.S. 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. Other subject restrictions: May only amend structural and procedural subjects contained in Article IV (ILCS Const. Paid per signature: Prohibited (MCA 13-27-102). Submission deadline of signatures: For indirect measures, at least 10 days before the regular session that is the session that was 10 months out when the proposed measure was submitted. Const. 3, 5). 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). Verification: Random sample of at least 5 % or at least 4,000 signatures. Signatures must be filed one year prior to the election. Subject restrictions: Laws immediately necessary for the preservation of the public peace, health, or safety, or for the support and maintenance of the departments of the state government and state institutions are not subject to the referendum (Const. 32-1405). 168.471; 168.472. Who can sign the petition: Legal voters, 18 years old, resident (U.C.A. Ballot title and summary: Prepared jointly by the secretary of state and attorney general (IC 34-1810(1)(b)). 21 1), Timeline for taking effect: Upon proclamation of the governor (A.R.S. With the assistance of the secretary of state, the attorney general shall prepare a brief explanatory statement that must fairly describe the intent and content and what a "yes" vote favors and a "no" vote opposes (1 MRS 353). Art. 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). Const. They represent direct check on democracy as people can exercise their powers to accept or reject a piece of legislation. 19-121.01); California (Elections Code 9030); and Colorado (C.R.S. 15, 273). Const. Law 6-205(d)). 168.482). Petitions with an incomplete or modified affidavit are invalid (Const. An act referred to the people that was in effect at the time of the election and is approved by the people remains in effect. 30 seconds. Number of signatures required: 10% of the total vote for governor cast in the last election (Const. Conflicting measures: Measure with greatest number of affirmative votes is enacted, although the entire competing measure might not be superseded (>I.C. 1953 20A-7-203). Rev. Verification: Secretary of state verifies via a random sampling (SDCL 2-1-11; 2-1-15; 2-1-16; SDCL 2-1-17). CONST. These may be accepted or rejected. 23-17-45). Art. 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). Art. Missouri and Nebraska have unique signature requirements. Submission deadline for signatures: Not more than 90 days after the end of the session at which the act was passed (Const. Wording of Ballot Question and Effect of Yes Vote, No statute found; used Referred Act 1 (Nov. 1994) as a reference. Verification: "The Legislature may authorize the Secretary of State and the other public officers to use generally accepted statistical procedures in conducting a preliminary verification of the number of signatures submitted in connection with a referendum petition or an initiative petition, and for this purpose to require petitions to be filed no more than 65 days earlier than is otherwise required by [the constitution]" (Const. Withdrawal process of individual signature: May not remove after official submission of petitions (O.R.S. Ten states have at least one government official draft or review the petition title and/or summary. Art. Must register prior to signature collection and expenditures (On Our Terms '97 PAC v. Secretary of State of Maine (1999) and 21-A MRSA 903-C). 48, Pt. A referendum is a question that appears on a ballot that voters can answer in order to voice their opinion on a particular issue. 2, 8). Twenty-three states have popular referendum processes. Petition title and summary creation: Attorney general (Cal.Const. Art. Art. 18). Seventeen states have a statute in place noting that if two or more conflicting measures are on the same ballot, the measure receiving the most votes passes. 23-17-17). See Const. Circulator requirements: At least 18 years old (Elec. Art. 1953 20A-7-212). No more than one-quarter of signatures may come from a single county, 5% in each of two-thirds of the congressional districts, 5% of the vote cast for governor at the preceding election from at least one-third of legislative districts, Neb. A report is also due no later than the 15th day after the deadline for filing the referendum petition (Mo.Rev.Stat. IV, 1). Two-thirds vote (or majority after seven years). Art. 34-1803b). 22-24-407). 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). Public meetings are also held and posting of amendments (A.R.S. IV, 1(3)). Records must be kept of contributions and expenditures. Legislature or other government official review: 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). 295.015). What is on each petition: Must follow form per statute, include full text of the measure, follow paper requirements, and printing instructions and internet posting requirements (MCA 13-27-201; 13-27-202; 13-27-204; 13-27-207). Const. 100.371). * See also: 2011 N.D. Op.Atty.Gen. 6, 1). Art. Art. Const. IV, 1; O.R.S. Art. Proponent financial disclosure requirements: Must file a statement of organization within 20 days of becoming a committee (Mo.Rev.Stat. Repeat measures: May only be attempted once every three years (Ne.Rev.St. Several states have or had statutory bans on paying circulators either per signature or in general. 250.105). Petition title and summary creation: Attorney general (RCWA 29A.72.060), What is on each petition: Ballot title, summary, warning and full text of the measure (RCWA 29A.72.120; 29A.72.110). 2, 10; N.R.S. Seventeen states have subject matter limitations other than the single-subject rule: Dedicate revenue, repeal appropriations, create courts, define court rules or jurisdictions, or enact local or special legislation. 3, 50; V.A.M.S. Art. Application process information: For statutory indirect initiatives, proponents must file a copy of the text with the secretary of state no earlier than Jan. 1 of the year preceding the year in which a regular session of the legislature is held. Legislature may repeal statute with majority vote (Const. 34-1802). 32-1401; 32-1405; 32-628; 32-1403, Nevada: N.R.S. 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. Recall, the device by which voters may remove public officials from office, also originates with the people. Acts making appropriations for the expense of the state government or a state institution existing at the time of the passage of such act. Recall, the device by which voters may remove public officials from office, also originates with the people. Where to file: secretary of state (Const. 7-9-103). The veto power may be exercised only against entire bills, and it may not be exercised upon sections of bills except in the case of appropriation bills (1963 Alas. Withdrawal process of individual signature: Can file a request with the county clerk any time before the petition is filed (NRS 295.055). 8). 902) concisely require the counting and verification of signatures, without detailed guidance. Probably the most celebrated initiative to pass in recent years was Proposition 13 in California. Who can sign the petition: Legal voters of the state of Oklahoma (34 Okl.St.Ann. III, 5). Next state election, and depending on type, must be submitted by September, then December, and then possibly July (see deadlines and timelines topic). Submission deadline of signatures: Generally 110 days before the election. In 1831 the canton of St. Gall adopted what is called the facultative, or optional, referendum. III, 4), Timeline for taking effect: Ten days (Ne.Rev.St. Cal.Elec.Code 9005; Cal.Gov.Code 12172. 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. 21 1 and CV160314-SA), Other subject restrictions: If includes expenditures, must also include sufficient increased revenue sources that cannot come from general fund (A.R.S. The committees select a chair and may prepare arguments and rebuttals, which will be reviewed by the secretary of state for the ballot. Petition title and summary creation: Attorney general (I.C. Ballot issue committees must file reports of contributions and expenditures on or before the fourth and second Friday immediately preceding a general election and on or before the second Tuesday after a general election. Paid per signature: Prohibited (SDCL 12-13-28). If statistical sampling shows that the number of valid signatures is between 95-110% of the number required, an examination and verification of signatures is conducted (Elec. Art. 3, 17(2)). The title of the act subject to the petition appears on the petition. Art. What was the purpose of implementing referendum recall and initiative quizlet? Number of signatures required: 6% of total votes cast for the office of governor in the last general election (Const. Collected in-person: Yes (Elec. Information on states that restrict payment to circulators are below. 116.332). 901), Where to file with: Secretary of state (M.R.S.A. 3519.22). 116.320). Const. General review of petition: Reviews done by attorney general and legislative services division (MCA 13-27-202). Art. Art. 1953 20A-7-204.1). 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). See Elec. Who creates petitions: Sponsors (RCW 29A.72.100). A statement of organization is required. Const. Art. Const. The title of the statute or resolution that is the subject of the referendum is printed on the ballot. 168.472). 22-24-405). 353, M.G.L.A. Must obtain a petition entity license before circulating petitions or paying circulators. 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). N.R.S. Art. When formed as a ballot question committee, it must file campaign statements and other forms with the Nebraska Accountability and Disclosure Commission, all on a set timeline. Petition title and summary creation: The statement of purpose and implication, which is prepared by the proponent and approved by the attorney general, is the title for both the petition and ballot. 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. Art. Const. Const. II, 1(c)). Art. Art. 21). Number of signatures required: 2% of the residential population according to the last federal decennial census (Const. Art. . What is on each petition: The format of the petition may be submitted to the chief election official of the appropriate election authority, in advance of filing the petition, for a determination of its sufficiency (Elec. Art. Collected in-person: Implied (MCA 13-27-102), Withdrawal process of individual signature: Any time prior to official filing (MCA 13-27-301). 19, 2; N.R.S. A top funders sheet created by sponsors is attached to the petition (Elec. Several states require two officials to write or review the title and/or summary, given their importance to a ballot measure. Art. Art. These include filing reports and designating organization officers. Art. And must be filed four months before election. II, 1b), Types allowed: Direct statutory and constitutional amendment initiatives, and popular referendum, Single subject rule: Yes (OK Const. Prov., Pt. Art. Art. 19-121). Art. Under the optional referendum, a specified number of voters may, by petition, demand a popular vote on a law passed by the legislature (a process similar to the initiative). 250.045; 250.067; 250.035; 250.036; 250.075). M.G.L.A. Art. Art. 15, 273 and Miss. Washington: Code reviser or assistant code reviser reviews the proposal of the initial petition and recommends revisions or alterations in an advisory capacity only. 53 7). 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. 19, 2; N.R.S. 3, 1 and SDCL 2-1-1 and 2-1-5). 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. 902), Timeline for collecting signatures: One year (M.R.S.A. Also, instead of being based on the date of the election, deadlines for filing popular referendum petitions are generally based either on the day the legislature adjourns or on the date the bill that is the subject of the referendum was signed by the governor. Withdrawal of petition: File a letter with secretary of state, signed by designated representatives, no later than 60 days prior to the election (C.R.S.A. Code 9001). And published in newspaper (F.S.A. Rev. Nebraska Const. 48, Init., Pt. Art. Repeal or change restrictions: Two-thirds vote required to amend or repeal, and governor may not veto (Ne.Rev.St. Art. Code reviser issues certificate of review (RCWA 29A.72.020). Petition includes title, brief legislative history of the measure to be referred, full text and secretary of state's certification that the full text is correct (ORC 3519.05(C)). Art. For constitutional amendment initiatives, 4 % of the resident population (NDCC Const. Proponent organization and requirements: The sponsors must delegate a committee of three to five people to represent them, and must file if any signature gatherers will be paid (O.R.C. Const. Vote requirement for passage: Majority (Utah Code 20A-7-209). XVI, 1; O.R.C. 5, 1; M.G.L.A. Art. 116.080).. Circulator oaths or affidavit required: Yes (Mo.Rev. 2). Governor may call a special statewide election for the measure (Cal.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. Constitution 48, Init., Pt. Art. Ballot title and summary: Proponents submit descriptive ballot title that is reviewed by attorney general (34 Okl.St.Ann. Time period restrictions before placed on the ballot: There must be at least 31 days after the measure qualifies before the election (Const. Repeal or change restrictions: None (Const. Secretary of state and approved by attorney general. General review of petition: After the hearings the proponents and Governor's Office of Management and Budget may revise (U.C.A. Code 9001). Allowed to pay another for their signature: Prohibited (Miss. Art. 5, 1; A.C.A. Original geographical requirement found unconstitutional. Code Ann. Collected in-person: Yes, "In their own proper persons only " (Const. 19, 3; N.R.S. Democracy and republican run against each other voters vote for one demarcate representative and one republican representative. Nebraska: not less than 35% (Const. Ballot title and summary: Attorney general after receiving written comments from the Legislative Research Council (SDCL 12-13-25.1). Timeline for collecting signatures: For direct initiatives, six months to collect (submit proposed measure within 10 months with deadline to submit four months out from the general election). Proponent financial disclosure requirements: Registration is required prior to making an expenditure for or against a ballot measure; group name must include the title or common name of the measure if the group intends to make more than 50% of its contributions or expenditures toward a single measure (AS 15.13.050). 116.120). Vote requirement for passage: Majority, but no such law shall be held to be disapproved if the negative vote is less than thirty per cent of the total number of ballots cast at such state election (Const. Const. Petition title and summary creation: Secretary of state (Wyo. Art. By continuing to use this site, you consent to the terms of our cookie policy, which can be found in our. Some things to consider as you begin to review. 295.056. 2, 9). For indirect statutory initiatives, it is roughly 11 months and two weeks. A committee must file a statement of organization within 10 days of its organization; must include a brief statement identifying the substance of each ballot question supported or opposed by the committee. 3; Const. 3, 20), Verification: Certified by the registrar (21-A M.R.S.A. ch. 14, 9; MCA 13-27-503; 13-27-504). Which election is a measure on: Next state election (M.G.L.A. Then the clerks verify the signatures; with a random sample of at least 500 or 5 % of the petition district's signatures. 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: 3% of the whole number of votes cast for governor at the preceding election (Const. Art. Art. 106.191). 2; 21 Okl.St.Ann. 22-24-407. Paid per signature: Yes (CRS 1-40-135(2). For indirect initiative states, this review process involves the legislature and can be quite extensive. L-04, 2011 WL 1130010 (July 5, 2011). V, 2). 4, Pt. 3, 18). In odd-numbered years, year-end reports are required (SDCL 12-27-22). Art. Only one state does not require this type of action: Before a measure is placed on a ballot, states decide which election it will appear on, how the ballot title and summary are created and any time restrictions involved. 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. 12, 2). Const. 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. Who can sign the petition: Registered electors of the state (Const. Who creates petitions: Proponents with advising by attorney general (Cal.Elec.Code 9012), Fiscal review: Prepared by attorney general, department of finance and the legislative analyst office (Cal.Elec.Code 9005; Cal.Gov.Code 12172). 4, Pt. 15, 273). Justices of the peace and county recorders may not circulate petitions (ARS 19-114). Advantages. 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. The secretary of state is directed to prescribe a form for this process (MCA 13-27-301(3)). II, 1g; O.R.C. Art. 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. Who creates petitions: Secretary of state prepares an official template for the cover sheet and signature sheets for each petition (ORS 250.052). Art. II, 1b). 21 1). In calendar quarters with an election, additional reports are due 10 days before the election and 15 days after the election. 106.03). 19-111). 3, 52(c)(i)). Criminal background check done for paid circulators with additional restrictions. Code Ann. III, 3). Timeline for taking effect: Within at least 30 days (I.C. Where to file: Secretary of state (Const. 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. Prior to receiving a contribution or making an expenditure, a campaign must designate a treasurer by filing with the secretary of state. 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. Art. Art. 19, 1). Time period restrictions before placed on the ballot: There must be at least 60 days between submission of the petition and the election (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. Four states require a filing fee in statute. 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. 24). Paid per signature: No ban found. If includes expenditures, must also include sufficient increased revenue sources that cannot come from general fund. Circulator oaths or affidavit required: Yes (Elec. Attorney general after receiving written comments from Legislative Research Council, U.C.A. Art. If a congressional district has 90 to 110 % of the needed valid signatures, every single signature will be verified to discern if it qualifies (V.A.M.S. Proponents may withdraw a measure at any time before filing the petition. 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. Prepared by sponsor, approved by secretary of state. 1953 20A-7-208; 20A-7-702). Const. 3, 4; MCA 13-27-301; 13-27-202). 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. Repeal or change restrictions: None (Const. Rev. Office of Legislative Research and General Counsel numbers propositions and proposes a descriptive title summarizing the contents of the measure. Contributions of $1,000 or more from a single contributor received during the 21 days prior to the election must be reported. Fiscal review: Office of Fiscal and Program Review prepares (1 M.R.S.A. Proponent organization and requirements: When first filing the petition, no more than three primary proponents must be designated (34 Okl.St.Ann. What is on each petition: Full text of the measure, follow prescribed form, signatures, warning, fiscal impact and a simple statement of the gist of the proposition (OK Const. Art. V, 3 and 34 OS 1, 4 and 8). 15, 273). 295.012; 293.069; 304.060; 304.120; Angle v. Miller, 2010, 722 F.Supp.2d 1206). Stat. The legislature has four months to pass the bill in amended or unchanged form. Timeline for taking effect: When approved by a majority of voters (Const. Govt. 1). 19, 3; N.R.S. 7-9-114. 55 1, 6B, 7A, 18C, 18, Mississippi: Miss. Const. XVI, 3(b)). Majority to pass: Yes, except two-thirds majority is need in the case of laws changing rules regarding the taking of (U.C.A. Art. 4, Pt. Number of signatures required: 4% of the votes cast for the office of governor at the last election (Const. Stat. Amend. IV, 1, Pt. Art. Alaska prohibits payment in excess of $1 per signature. For example, Australia defines 'referendum' as a vote to change the constitution and 'plebiscite' as a vote which does not . Withdrawal of petition: Proponents may do so any time before measure qualifies for the ballot, 131 days before the general statewide election (Cal.Elec.Code 9033, 9604). Const. And requires full disclosure of campaign staffers (21-A MRSA 1051 et. Where to file: Secretary of state (MCL 168.471). Constitution 48, Init., Pt. Art. Proponent organization and requirements: Primary sponsors file names with secretary of state, and a principal circulator is listed (Neb. 2; Neb. III, 3 and 4). Other subject restrictions: No amendment may change more than one section, no appropriations, and no local or special laws (MT CONST Art. Art. Const. In the United States, amendments to state constitutions also must be put before the voters for approval. 14, 9). 250.045). 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. Nevada: The secretary of state will appoint two, three-person committees, one for and one against the measure. Geographic entities based on U.S. House districts, which are required to be highly equal in population, have been ruled to be constitutional (for example, see Nevada). Most of these bans have been overturned by the courts. 8). Code 84200.8). II, 9). Indirect initiatives can require two rounds of signature gathering, so timelines and deadlines for these are more complex. 3, 53). Art. Must include a warning about unlawful signing, a circulator affidavit and a notification as to whether the circulator is paid or volunteer. Proponents must turn in sheets each month (O.R.S. Art. Proponent financial disclosure requirements: In order to receive contributions or make expenditures in excess of $1,500 in a calendar year, must form a committee for political action and register with the secretary of state (NRS 294A.230). Every state also includes requirements as to how the authenticity of signatures are verified, and constitutional amendments often require more signatures than statutory changes. Campaign statements must be filed by the 11th day before the election, the 30th day after the election, April 25 and July 25 every year and October 25 in odd-numbered years. Art. Cannot dedicate revenues, make or repeal appropriations, create courts, define the jurisdiction of courts, prescribe court rules, enact local or special legislation, or enact legislation prohibited y the Wyoming constitution. 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. Who can sign the petition: Qualified electors and every person who is a qualified voter (Const. III, 3). 101.161). Code Ann. Amend. Timeline for collecting signatures: Time limit for circulation begins with the first signature on a petition and ends 14 days after that. Same must also be reported quarterly on April 15, July 15, Oct. 15 and Jan.15. Art. 19, 2; N.R.S. 53 22A and M.G.L.A. Art. General election, or at a special election ordered by the general assembly. 1(9) and A.R.S. Vote requirement for passage: Majority (Const. 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. Reports of expenditures and contributions received are required quarterly in nonelection years and monthly, March through November, in election years. Fiscal review: If the measure will have an effect on revenue, expenditures or the fiscal liability of the state, the attorney general orders the budget director to prepare one (MCA 13-27-312). Most state statutes include some type of sampling, such as in the cases of Arizona (A.R.S. IV, pt. Art. 1(6B)). There are two kinds of referenda: obligatory and optional. In some states, the legislature or governor may order a special election for a measure. 1. guarantee government jobs for the unemployed. Successful ballot initiatives can create, change or repeal state and local laws . Of course, in some of the above states, timelines concerning filing, signature gathering and deadlines for signatures and the indirect initiative process may impose limits not otherwise spelled out in statute.