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Submission deadline for signatures: Ninety days after the law is filed by the governor in the office of the secretary of state (Const. 12, 2). A criminal records check is completed. 116.332, Const. III, 3 and 4). Every state includes requirements for the circulators operating in the state. Only 20 signatures allowed per sheet and each sheet is from one county. Most states require proponents of a proposed law to follow guidelines. Art. Where to file: secretary of state (Const. Submission deadline for signatures: Within 90 days of the adjournment of the legislature which passed the law (SDCL 2-1-3.1). States vary in the way popular referendum questions are posed. Number of signatures required: 10% of the voters who voted in the preceding general election (Const. A statement of organization is required. Rev. Signatures gathered in violation of these requirements are void (ARS 19-101(A)). Time-period restrictions before placed on the ballot: Filed at least four months before election (Ark. 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). Reports are due 30 days before the election, one week before the election, 105 days after a special election and Feb. 15 for all contributions and expenditures not already reported (AS 15.13.110). In calendar quarters with an election, additional reports are due 10 days before the election and 15 days after the election. Circulator oaths or affidavit required: Yes (ORS 250.045(10)). Art. Which election: Next succeeding election at which the question may be voted upon by the voters of the entire state (Const. Art. All 23 popular referendum states require a simple majority to pass a popular referendum. 100.371). Art. 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). Does the law in question take effect before the referendum vote: No (Const. In all other cases, an act that is subject to the referendum remains in effect until it is rejected at an election (MCA 13-27-105(3)). Code 23-17-37), Thirty-five percent in Nebraska (Ne.Rev.St. Nine states require filing an initial number of signatures of sponsors as part of an application to circulate a popular referendum petition. 3, 1). St. 32-1407), Which election is a measure on: Next general election at least four months after filing the signatures (Neb. Furthermore, statutes allowing or requiring paying per signature have been overturned by the courts. Withdrawal of petition: Any time more than 70 days before the election, a majority of the members of the committee that represents the petition may withdraw the petition by providing written notice to the secretary of state (ORC 3519.08). Proponent financial disclosure requirements: Include but are not limited to filing with the secretary of state, written disclaimers when publicizing, limits on contributions, detailed contribution reports, unexpended campaign contributions, and rules promulgated by secretary of state (C.R.S.A. 12, 2; M.C.L.A. III, 8). Verification: Counts total number and then takes 5 % random sample to verify signature accuracy (A.R.S. CONST. 1953 20A-7-201). 2, 8). General guidance as to format and contents can be found at NRS 32-1402. Art. Which election: Next general election (Const. Circulator requirements: Age 18 (Neb. Law 7-103(c). Maine: Secretary of state, along with revisor of statutes, may reject petition application if it does not conform to drafting conventions for statutes. Art. Art. Allowed to pay another for their signature: Prohibited (V.A.M.S. No collection timeline except when collecting the second 3 percent of signatures of votes in last election for governor, the deadline is 90 days, and deadline of 110 days before the election generally. A report is also due no later than the 15th day after the deadline for filing the referendum petition. Const. V, 2). Proponent financial disclosure requirements: Political committee must file a statement of organization. 6% of the qualified electors at the time of the last general election in at least 18 legislative districts. IV, pt. Prepared by sponsor, approved by secretary of state. 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. Proponent organization and requirements: Application must contain the names and addresses of at least five sponsors, certification that each sponsor is a registered voter in Utah and has voted in a regular general election in the last three years, the notarized signature of each sponsor and a copy of the law (Utah Code 20A-7-302). **Residency requirement was struck down by Term Limits Leadership Council v. Clark (1997). Proponent financial disclosure requirements: Include but may not be limited to being covered by the states campaign finance laws, must follow reporting rules, and file statement of organization (RCWA 42.17A.005; 42.17A; 42.17A.205). 7-9-105). II, 1g; O.R.C. Constitution 48, Pt. Withdrawal of petition: Any time before the final submission of signatures, the delegated proponents may write to the secretary of state to withdraw (34 Okl.St.Ann. Which election: Next general election (Const. 2, 9; Const. Art. Art. III, 2), Oklahoma (OK Const. Art. Which election: Regular election (State, congressional, or municipal) or a special election called by proper official or when 15% of voters petition for one (Const. 5, 1; C.R.S.A. Prepared by the office of financial management, in consultation with the secretary of state, the attorney general, and any other appropriate state or local agency. What is on each petition: Form is approved by secretary of state and attorney general and following rules established by secretary of state. 34-1812a, 34-1812b, I.C. The legislature may amend before two years with a two-thirds majority vote in both chambers, and no amendatory law adopted in accordance with this provision shall be subject to referendum (RCWA Const. Legislature or other government official review: The chief petitioner may amend the initiative without having to re-submit if the attorney general reviews the changes and certifies that it does not change it substantially (O.R.S. 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. Which election: Next succeeding general election, except when the legislature shall order a special election (Const. Proponents may withdraw a measure at any time before filing the petition. Does the law in question take effect before the referendum vote: If a referendum petition is filed against a part of a statute, the remainder of the statute shall not be delayed from going into effect (Const., art II, 10(a)). 19-121), Which election is a measure on: Next general election after filing (A.R.S. Fiscal review: State auditor prepares, and proponents may submit proposed review (V.A.M.S. Art. 48, Init., Pt. Const. 902) concisely require the counting and verification of signatures, without detailed guidance. For constitutional amendments, 8% of total votes cast for all candidates for governor in last general election. 1953 20A-7-202.5). After the hearings, the proponents and Governor's Office of Management and Budget may revise (U.C.A. Const. Withdrawal of petition: Chief petitioners may withdraw at any time before submitting the signatures for verification. Paid per signature: Circulators may be paid but not by the signature. Art. Rev. Art. LXXXI, 4). Board of Election commissioners and then certified to the secretary of state. Time period restrictions before placed on the ballot: 125 days must pass after filing petition before election (OH Const. 295.015). Withdrawal process of individual signature: Any signer may withdraw their signature by giving their name, address and contact information to the secretary of state before the petition is filed (Wyo. Contributions of $1,000 or more from a single contributor received during the 21 days prior to the election must be reported. More than two elections on the same general matter cannot be held within 12 months. The citizen initiative process enables citizens to bypass their state legislature by placing proposed statutes and, in some states, constitutional amendments on the ballot. Const. Circulator requirements: Resident of South Dakota who is at least 18 years old (SDCL 12-1-3). Number of signatures required: For statutes, 5 % of the total qualified electors of the state, determined by the number of votes cast for governor in the preceding general election. Signatures must be filed one year prior to the election. 3, 20), Verification: Certified by the registrar (21-A M.R.S.A. 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 (ARS 19-125). 19, 1 and NRS 293.127563). Repeal or change restrictions: Amend or repeal must be approved by voters, unless the original measure permits amendment or repeal without voter approval (Cal.Const. Application process information: Petitioners file a statement containing the object of the petition and the text of the measure with the secretary of state, together with a sworn statement containing the names and street addresses of every person, corporation or association sponsoring the petition (NRS 32-1405). Art. Art. 3; Const. Probably the most celebrated initiative to pass in recent years was Proposition 13 in California. Public review or notice: State board of canvassers holds a public meeting on the amendment or question, make an official announcement 60 days before the election, and publicly post the amendment, including in newspapers and websites (M.C.L.A. Seven states impose explicit limits for how much time must pass before a measure is re-attempted, ranging from 12 months to five years: M.G.L.A. Timeline for taking effect: Takes effect on the 5th day after the secretary of state files the statement of the vote (Const. 1-40-130, 1-40-111), Number of signatures required: Five % of votes cast for secretary of state in last election (C.R.S.A. 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. May be amended or repealed only by three-fourths of each house or by a vote of the electors. Then within 15 days the attorney general provides certificate of review. 14, 11. II, 1c and 1g). Where to file: Attorney general (Elec. Const. Other subject restrictions: Limited to matters that can be enacted by legislation, and no measures that interfere with the legislatures ability to direct taxation of necessary revenues (Nebraska Const. Proponent financial disclosure requirements: A committee must be formed upon the occurrence of any of the following in a calendar year: receiving contributions in excess of $2,000, making independent expenditures totaling $1,000 or more or making contributions totaling $10,000 or more (Govt. Allowed to pay another for their signature: Prohibited; a petition section is invalid if this happens (CRS 1-40-111(3)(IV)). Repeat measures: Two years (MS Const. Art. If they fail, they may be submitted directly to a vote by the public, who may override the action of the legislature. Same if an alternate measure is proposed. Who creates petitions: Secretary of state prepares an official template for the cover sheet and signature sheets for each petition (ORS 250.052). Where to file with: Secretary of state (V.A.M.S. III, 4). XI, 5). 34-1804). 1953, Const. Which election is a measure on: Only regular state, congressional and municipal elections (Ark. Political committees must file reports of contributions and expenditures. A yes vote approves the referred act, and a no vote rejects it. 3, 53). ", Miss. V, 2). Chief petitioners must file a statement declaring whether circulators will be paid (ORS 250.045). Ten % for amendments (Ark. Application process information: Sponsors must submit the measure and a summary of it with a petition signed by 1,000 qualified electors to the secretary of state, and within one day, to the attorney general (ORC 3519.01(B)). For amendments, 10 % of the total votes cast for governor (M.C.L.A. Who creates petitions: Lieutenant governor (U.C.A. What was the purpose of implementing referendum recall and initiative quizlet? 9 23), Application process information: File application with secretary of state, including organization name and officers and other information, summary and text of proposed law, and must also file a statement of its organization (A.R.S. Where to file with: Secretary of state ( 34-1804). Electronic reports of contributions and expenditures must be filed according to a specified schedule. Cal.Elec.Code 9014; 9016; Cal.Const. 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. Const. Art. Art. XVI, 4). (Elec. XLVII , Pt. 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. XVI, 3(b)). Const. Who can sign the petition: Any registered voter of Missouri, but each petition page can contain only signatures from one county (Mo.Rev.Stat. Art. Art. III 5). 72.050 and .060). Semiannual statements of contributions and expenditures are due July 31 and January 31. Code Ann. What is the difference between referendum and initiative. Reports of contributions and expenditures are due on the 21st and seventh days immediately preceding an election and the 10th day of the first full month after an election. There has been one exception: The case Initiative and Referendum Institute v. Jaeger (2001) in North Dakota upheld the ban on paying per signature. 21 1), Timeline for taking effect: Upon proclamation of the governor (A.R.S. Const. 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. Stat. States may limit the subject matter of popular referenda. Allowed to pay another for their signature: Prohibited (Utah Code 20A-7-312(3)). Timeline for collecting signatures: Twelve months. Proponent financial disclosure requirements: Include but may not be limited to statewide ballot question committee must file pre-primary, pre-general, year-end and, if applicable, supplemental report and amendments (SDCL 12-27-22; SDCL 12-27-3). 168.32). Art. 12, 2), Collected in-person: In the presence of the circulator (M.C.L.A. 48, Init., Pt. 116.080).. Circulator oaths or affidavit required: Yes (Mo.Rev. 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). Payment on a per-signature basis prohibited; bonuses based on reliability, longevity and productivity are permitted. Direct democracy Simple English the free. Const. Ballot title and summary: Attorney general after receiving written comments from the Legislative Research Council (SDCL 12-13-25.1). Who creates petitions: Secretary of state (Wyo. Art. Random sample of at least 500 or 5% of the signatures, whichever is greater. 6, 22), Washington (RCWA Const. Public review or notice: At least seven public hearings are held on the propositions before circulation in designated regions. Submission deadline for signatures: Not less than four months prior to the next general election (Const. The legislature can provide for a different effective date with a two-thirds vote of the membership of each house (Const. Types allowed: Citizen initiative for statutes and popular referendum, Other subject restrictions: No restrictions (Const. Timeline for collecting signatures: Within 316 days after the day on which the application is filed,within 30 days after the day on which the first individual signs the initiative packet or the April 15 immediately before the next regular general election immediately after the application is filed (U.C.A. Petition title and summary creation: The proponent writes a description of 200 words or less of the effect the measure would have if approved by voters (NRS 295.009). Circulator requirements: Must be qualified to register to vote pursuant to 16-101. Rarely has a recall effort against a state-level officeholder ever qualified for the ballot. Art. 2, 10). Submission deadline of signatures: Must be 120 days before the election it is to be voted upon (NDCC Const. Art. Ohio ballot board; proponents may suggest title. 3, 4; Art. Proponents write title. 15, 273 and Miss. What is on each petition: Must contain the full, true copy of the proposed measure on it on the backside or attached to it, and follow prescribed form and language, including a warning (Miss. Const. Contributions of $1,000 or more must be reported within 48 hours after receipt (IC 67-6607). Art. General review of petition: Code reviser or assistant code reviser reviews the proposal of the initial petition and recommends revisions or alterations in an advisory capacity only. . II, 1g; O.R.C. II, 1c). Art. Who creates petitions: Sponsors (34 OS 1). 101.161). Art. 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). Submission deadline for signatures: Not more than 60 days after the final adjournment of the session of the state legislature which passed on the bill on which the referendum is demanded (IC 34-1803). 19, 1 and NRS 295.045 and .056. In 2021, Idaho passed SB 1110, which would have required signatures from 6% of the qualified electors at the time of the last general election in all 35 legislative districts, but in August 2021, the Idaho Supreme Court blocked implementation of that law. Art. Contributions in excess of $3,000 that are received after filing the pre-election report must be reported within 24 hours of receipt. 3, 52(c)(ii). And secretary of state will hold public hearings at least 95 days before the election (O.R.S. Art. 1953 20A-7-203). 295.300), Number of signatures required: Ten % of the votes cast in last general election (N.R.S. 3; Const. Who creates petitions: Lieutenant governor provides a copy of the referendum petition and signature sheets; sponsors print additional copies (Utah Code 20A-7-304). Vote requirement for passage: Majority (Const. Does the law in question take effect before the referendum vote: No act, law or bill subject to referendum shall take effect until 90 days after the adjournment of the session at which it was enacted (Const. Submission deadline of signatures: At least 131 days prior to the next general election the measure is to be voted on (Cal.Elec.Code 9016; Cal.Const. Legislature or other government official review: Attorney general aids summary (21-A M.R.S.A. Select a State with Popular Referenda to Learn More. Reports of expenditures and contributions received are required quarterly in nonelection years and monthly, March through November, in election years. The legislature shall not have the power to repeal a referendum measure passed by a majority of the voters. Art. Art. 1-40-108). 11 1 and 5). 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. Art. Art. What is on each petition: Petition is addressed to the secretary of state and must contain for each petitioner a declaration that he is a qualified elector, address and date of signature. States may have the direct initiative, the indirect initiative or the choice of either. 4, Pt. 11 3), Who can sign the petition: Registered voter in the county in which the petition circulates (F.S.A. Art. Const. 34-1804, 34-1809). Director of the Legislative Research Council prepares a fiscal note as requested. 250.125; 250.067; 250.127, Utah: U.C.A. 5 1; 7-9-122), Maine (M.R.S.A. Signatures in each of one-half of the 27 congressional districts of the state. The legislature has four months to pass the bill in amended or unchanged form. 293.252). If paid, must also register with the secretary of state and take training program (O.R.S. 5, 1). 21 1 and A.R.S. The decision may take the form of a ballot question, a private survey, or a poll. Public review or notice: Thirty day comment period, with comments published along with explanatory statement and fiscal review, publicly accessible on internet and in a pamphlet. Geographic distribution: The required signatures must be distributed equally among all of the petition districts (NRS 295.012 and NRS 293.127563). Withdrawal process of individual signature: A signature may be removed by the signer upon written application to the election authority with which the petition will be filed if the application is received by the election authority prior to the filing of that signature, or prior to the filing of that signature by the circulator who attested to that signature or by the sponsor of the petition, if it is concluded that the signature does not satisfy the requirements of this title (Elec. Art. 1953 20A-7-205). 3, 18 and 21-A M.R.S.A. b. actions at New England town meetings. Const. Application process information: Not specified. 4, 1, Pt. 5, 1). 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. Bans on payment-per-signature have met with mixed results in the courts. Political committee must file a statement of organization. Which election is a measure on: General election (I.C. 5, 1), Who can sign the petition: Registered electors who will be eligible to vote on the measure (C.R.S.A. Art. 19, 2). Art. General review of petition: For accuracy and fairness, the attorney general may rewrite arguments for or against prepared by legislature (5 ILCS 20/2). Legislature or other government official review: No additional review. Note: It is unclear whether the following language applies only to initiatives or also to referenda: This Article does not permit the proposal of any statute or statutory amendment which makes an appropriation or otherwise requires the expenditure of money, unless such statute or amendment also imposes a sufficient tax, not prohibited by the Constitution, or otherwise constitutionally provides for raising the necessary revenue., 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. V, 1(3)). Petitions must be submitted by 5 p.m. not more than 90 days after final adjournment of the legislative session at which the bill was passed. II, 9(b)) and eligible registered voters (Elec. Allowed to pay another for their signature: Prohibited (Mo.Rev.Stat. III, 3 and MGL ch. For constitutional amendments, from 44 of 88 counties, signatures from 5 % of the votes cast for governor in each county in previous election (OH Const. Who creates petitions: Sponsors (CRS 1-40-105). 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. 4; Art. 106.03). St. 32-1416). All chief petitioners must sign the form to withdraw (O.R.S. Art. CONST. Repeal or change restrictions: Governor may not veto (MT CONST Art. Const. Submission deadline of signatures: Filed four months before election, and have been published in newspaper at least 30 days prior (Ark. Const. 116.332). 14, 3 and see Coalition for Political Honesty v. State Board of Elections (1976). (Const. 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. Public review or notice: Secretary of state publicizes the measure in newspapers in every county and prepares a pamphlet that is mailed to every mailing address in the state (5 ILCS 20/2). Art. States may apply a single-subject rule or other restrictions. During the 14 days before the election, reports of any communication exceeding $5,000 in the aggregate are due within one business day. III, 5(2)). Constitution 48, Init., Pt. 116.320). After chance for comment by all legislators, the legislative council prepares an impartial analysis with description, background information and likely effects (A.R.S. 34-1812c, Maine: 21-A M.R.S.A. 19-118; 19-121). Art. Art. Britannica does not review the converted text. First, they tend to be much shorteran average of 90 days. Must be projected to be at least 95 % accurate (10 ILCS 5/28-11, 5/28-12, 5/28-13). LXXIV, 2 and M.G.L.A. 3, 17). In April 1983, a recall vote to remove San Franciscos mayor Dianne Feinstein from office was overwhelmingly defeated. XLVII, Pt. 3, 17(1)). Art. Art. Art. Contributions from non-residents 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 (SDCL 12-27-18.2). Code Ann. 2, 8, 12). Office of Legislative Research and General Counsel numbers propositions and proposes a descriptive title summarizing the contents of the measure.

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