No statute found; used Term Limits Referendum (Nov. 1996) as a reference. Who creates petitions: Secretary of state creates a sample petition and then the petition is reviewed by the attorney general (V.A.M.S. III, 5). Const. Art. 2, 2; see also M.G.L.A. The details for those states are below: Five states limit the legislatures ability to amend or repeal a law after it has been approved by voters. What is on each petition: The cover of the petition must contain the name and address of the chief petitioners, the measure summary and a statement as to whether circulators are being paid. Massachusetts: Proponents may alter the measure in small ways after legislature reviews it. 14, 3, 10 ILCS 5/28-2), Who creates petitions: Proponents, no statute (see 10 ILCS 5/16-6; 5 ILCS 20/2). All campaign finance activity must be conducted through a campaign finance entity. Art. Art. Const. Art. What Is A Recall, Referendum And Initiative? - ElectionBuddy If includes expenditures, must also include sufficient increased revenue sources that cannot come from general fund. 15, 273; Miss. 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. XI, 3). XVI, 5(b) and Elec. Allowed to pay another for their signature: Prohibited (NSR 295.300). Art. which lies the initiative and referendum-the power of the people to make laws. What is on each petition: Must include the full text of the measure and the title drafted by the attorney general, signers statement and circulator's declaration (RCW 29A.72.100 and .130) . Verification: State Board is empowered to adopt regulations specifying procedures for verifying and counting signatures (Elec. 15, 273). In odd-numbered years, year-end reports are required (SDCL 12-27-22). 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. 19-123), General review of petition: Proponents may submit proposed bill to director of the legislative council for review (A.R.S. 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. Original title of the act that is subject to the referendum is included (A.C.A. 1(3) and (7)). Must file measure's full text and three designated sponsors who are Wyoming voters to act as official sponsors of the campaign. III, 8). Art II, 9). 3, 1). 116.332). Next statewide or general election, whichever comes first that is not less than 60 days after the petition is submitted, At the next ensuing election held throughout the state for members of the U.S. House of Representatives. U.S. History Midterm Review Packet 2022.docx - NAME V, 1(6)). Timeline for taking effect: An act that is rejected is repealed effective the date the result of the canvass is filed by the secretary of state. Timeline for collecting signatures: Signatures may be signed at any time after an act is passed (Const. 23-17-47; 23-17-49; 23-17-51; 23-17-53, Missouri: V.A.M.S. Art. Who can sign the petition: Legal voters (Const. 8). 7-9-104). Who creates petitions: The secretary of state prepares a "signature form (that) includes provisions for identification of the measure; the printed name, signature, and address of the committee member; and notarization of the signature" (NDCC, 16.1-01-07). Proponent organization and requirements: If a committee or person, except the individual submitting the sample sheet, is funding any portion of the drafting or submitting of the sample sheet, the person submitting the sample sheet shall submit a copy of the filed statement of committee organization required under subsection 5 of section130.021 (Mo.Rev.Stat. In California, it is filed with the attorney general, and Ohio requires a second filing with the attorney general in addition to the secretary of state. All 23 popular referendum states require political organizations that support or oppose a ballot measure, often considered political action committees, to follow state campaign finance laws. Ballot title and summary: Lieutenant governor drafts a title which is limited to 25 words and must indicate the general subject area of the act and a "proposition" of not more than 50 words for each section that gives a true and impartial summary of the act being referred (Const. Arkansas. Petition title and summary creation: Proponents (Neb. Repeal or change restrictions: No statute. 12, 2; M.C.L.A. 7-9-104; A.C.A. In other words, it is the ability of the voters to enact or repeal laws, or recall elected officials. II, 9(b)). Application process information: Submit draft and affidavit to attorney general with fee of $2,000, refunded when measure qualifies for the ballot within two years. First 10 signatures must be turned in by the first Wednesday of the September before the assembling of the general court . Next state election, and depending on type, must be submitted by September, then December, and then possibly July (see deadlines and timelines topic). Otherwise, they may submit an alternative measure. A fee of $500 is required; fee is deposited in general fund (Const. The title of the act subject to the petition appears on the petition. Submission deadline of signatures: Signatures must be filed one year prior to the election (SDCL 2-1-1.2). 5, 1). LXXIV, 2 and MGL ch. Most states also include requirements for verifying the authenticity of signatures. 12, 2). Eighteen months or until April 30 of the year of the next general election, whichever is earlier, for collection, and a deadline of May 1 in the year of the election that the initiative will appear on, or 18 months from the date the petitioner receives the official ballot title from the secretary of state, whichever is earlier. 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. But if insufficient funds for the measure, it is effective 45 days after the next convening regular legislative session. Full and correct copy of title and text must be printed on petitions (NRS 32-1403). If paid, must provide required information to secretary of state prior to collecting signatures (A.C.A. Submission deadline for signatures: By midnight (NDCC 16.1-01-09(7)) within 90 days of the date the legislation was signed by the governor and filed with the secretary of state (Const. 11 5, Idaho: I.C. Regular election unless otherwise ordered by Legislative Assembly, and restrictions of four months prior to the general election. Const. Art. M.C.L.A. III, 52(b)). Other subject restrictions: The initiative power extends only to laws which the legislature may enact (M.C.L.A. a. . What is on each petition: There is very little in statute relating to petition contents or format. Art. Must include full text of the measure, a ballot title and a popular name (A.C.A. Art. III, 3 and NDCC 16.1-01-09(3)). 1-40-108. (21-A M.R.S.A. Petitions must be submitted by midnight within 90 days of the date the legislation was signed by the governor and filed with the secretary of state. Who can sign the petition: Registered voters of the state (Const. IV, 1). The ballot initiative process gives California citizens a way to propose laws and constitutional amendments without the support of the Governor or the Legislature. If the legislature enacts the proposal, no further petition takes place and the proposal becomes law. Initiative and referendum Flashcards | Quizlet 19, 3; N.R.S. Time period restrictions before placed on the ballot: Submission deadline three months and three weeks prior to election (C.R.S.A. The requirement may be waived by a two-thirds vote in each house of the legislature. Art. Upon each of the ballots, following the ballot title or text, the words For the referred law and Against the referred law, must appear. Secretary of state drafts ballot language that fairly and accurately explains what a vote for and what a vote against the measure represent; approved by attorney general. 905-A and M.R.S.A. Ban struck down by courts (RCWA 29A.84.280; LIMIT v. Maleng, 1994). Which election: Next regular general election or a special election called by the lieutenant governor (Utah Code 20A-7-301(1)). 34-1804). Paid per signature: Circulators may not receive payment greater than $1 per signature (AS 15.45.340(b)). 48, Pt. Proponent financial disclosure requirements: Must file statement of organization as a PAC upon receiving contributions or making expenditures in any combination of at least $1,000 in connection with an election (ARS 19-905(C)). Art. Conflicting measures: The measure receiving the greatest number of affirmative votes becomes law (Ark. 2, 9; Const. St. 32-1405.01; 32-1405.02; 32-1413, Ohio: OH Const. In Nebraska, the total number of signatures is based upon the total number of registered voters in the state. 15, 273 and Miss. Reports are monthly during election years and annually in nonelection years. Const. General review of petition: None other found. Types allowed: Direct initiative for statutes and constitutional amendments and popular referendum, Single subject rule: Yes (V.A.M.S. Lieutenant governor forwards petitions that are qualified for the ballot to the Office of Legislative Research and General Counsel, which drafts an impartial title of not more than 100 words summarizing the contents of the proposal. Art. Petition title and summary creation: Attorney general certifies submitted title and measure and summary by secretary of state, with attorney general oversight (M.G.L.A. Vote requirement for passage: Majority (Const. Reports of contributions and expenditures must be filed no later than the eighth day before the election, the 30th day after an election and the 15th day following the close of each calendar quarter. Const. A full copy of the measure must be attached. Art. Initiative is a legislative proposal that originates with the people. III, 6). General election, and signatures must be filed one year prior to the election. 14, 9). 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. Circulator requirements: Maine resident who is a registered voter (21-A MRSA 903-A), Circulator oaths or affidavits: Yes (M.R.S.A. Proponent organization and requirements: No later than thirty (30) days after a proposed bill is submitted for certification, the committee of applicants the names of 100 registered voters who will act as sponsors. After translating an article, all tools except font up/font down will be disabled. May only be attempted once every three years. This ensures that measures are not passed by a small minority of voters, either because of a low turnout election or ballot-drop off (where voters only vote partway through a ballot). 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. Ballot title and summary: The same ballot title and popular name that appeared on petitions (drafted by sponsors) is submitted by the secretary of state to the board of canvassers for certification. Art. 34-1821), Number of signatures required: Six % of the qualified electors at the time of the last general election (I.C. Art. Art. But you explicitly may pay based on hourly wage or salary, express or implied minimum signature requirements for the circulator to meet, terminate someone's employment if they do not meet "certain productivity requirements," and pay discretionary bonuses based on reliability, longevity, and productivity (SDCL 12-13-28). Three or more registrars must certify the petitions and follow other rules as per administrative regulations 950 CMR 55 (M.G.L.A. 1-40-106, 1-40-124.5). 901), Massachusetts (M.G.L.A. 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)). IV, 1), Ballot title and summary: Attorney general (O.R.S. Fiscal review: The legislative council determines the estimated fiscal impact at least 90 days before the measure is to be voted on. Art. Const. Any proposed law can, with sufficient backing, be put on the ballot in an election. Vote requirement for passage: Majority (Const. What is an initiative referendum and recall? - Short-Fact Const. Art. Paid per signature: Cannot be paid based on the number of signatures collected, but can be paid in general as long as disclosing with the secretary of state prior to collecting signatures (NDCC, 16.1-01-12; Initiative and Referendum Institute v. Jaeger, 2001). Repeal or change restrictions: The legislature shall not have the power to repeal a referendum measure passed by a majority of the voters (Const. Petition title and summary creation: Prepared by sponsor, approved by secretary of state. Application for Initiative or Referendum Serial Number. Ballot title and summary: Proponents submit a suggested popular name, to be approved or disapproved by the secretary of state (NMSA 1-17-9). Proponent financial disclosure requirements: Must file a statement of organization as a political committee within two weeks of organizing or within two weeks of the date the first contribution or expenditure is expected (RCW 42.17A.205). Verification: Verification method not specified, but "In considering the sufficiency of a referendum petition the burden of proving that all signatures appearing on the page are genuine and that the signers are qualified electors of the county named on the page and are in all respects entitled to sign the petition shall be upon the sponsors of the petition, if it is apparent beyond a reasonable doubt to the secretary of state that twenty percent or more of the signatures on any one page thereof are fictitious, forged or otherwise clouded, or that the challenged petitioners were ineligible to sign the petition, which fact was known or could have been ascertained by the exercise of reasonable diligence on the part of the person soliciting the signatures on that page" (NMSA 1-17-11). 5, 1). Verification: Secretary of state verifies with help of county clerks. 250.065), Time period restrictions before placed on the ballot: Four months prior to the general election (OR CONST Art. Art. Which election: Next statewide or general election, whichever comes first, that is not less than 60 days after the petition is submitted (Const. 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. Proponents submit a suggested popular name, to be approved or disapproved by the secretary of state. Amend. 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). Allowed to pay another for their signature: Prohibited (ORC 3599.13 and .14). 32-1405). Ten states have at least one government official draft or review the petition title and/or summary. Circulator requirements: Idaho resident and at least 18 years of age (IC 34-1807). Art. Ballot measure committees must also provide an initial disclosure report 15 days after the committee begins raising or spending money, with subsequent quarterly reports until the pre-election report is due. VI, Subpt. 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). Timeline for collecting signatures: Time limit for circulation begins with the first signature on a petition and ends 14 days after that. Const. St. 32-1409). Legislature or other government official review: After chance for comment by all legislators, the legislative council prepares an impartial analysis with description, background information and likely effects (A.R.S. Submission deadline of signatures: No later than three months and three weeks before the election and made by 3 p.m. on the day of filing (C.R.S.A. Art. They may also submit their own alternative ballot measure to the people if different but under the same subject area. VI, Subpt. Who creates petitions: Petitioners, approved by secretary of state and attorney general (I.C. 19, 3). Where to file: Secretary of state (Const. Details: Every initiative state requires some form of public notice. Withdrawal process of individual signature: Written statement at secretary of states office, mail a notarized statement to the office, or strike name through on petition (A.R.S. Vote requirement for passage: Majority (MCA 13-27-504). 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. They represent direct check on democracy as people can exercise their powers to accept or reject a piece of legislation. Prepared by the Office of Fiscal and Program Review. Art. Who creates petitions: Created by the petition sponsors and must be approved by the secretary of state prior to circulation (SDCL 2-1-3.1). Art. May only amend structural and procedural subjects contained in Article IV. 116.153). (NMSA 1-17-2) Each signature page is limited to one county and must bear the circulator's certificate and a warning to signers (NMSA 1-17--5); circulators must also present full and correct copy of the law (NMSA 1-17-3). Art. Code 18680. Art. Since the early 1970s, the initiative has increased greatly in popularity. Circulator requirements: Must just be at least 18 years old (N.R.S. Secretary of state must establish by rule and collect filing fees (RCW 43.07.120). answer choices. Const. Const. Art. Art. No appropriations or other new revenues not provided for in the measure. Where to file with: Secretary of state (NDCC Const. Art. Allowed to pay another for their signature: Prohibited (ORS 260.558). The committees select a chair and may prepare arguments and rebuttals, which will be reviewed by the secretary of state for the ballot (N.R.S. Art. Who creates petitions: Sponsors (34 OS 1). Fifteen% of total ballots cast in previous general election. 4, Pt. 2, 9). If the legislature does not enact the statute, another round of signatures is required equaling 0.5% of votes for governor. The requirements for an election with statewide ballot measures vary greatly by state. More than two elections on the same general matter cannot be held within 12 months. 116.180; V.A.M.S. South Dakota: The Legislative Research Council provides written comments to the attorney general (SDCL 12-13-25; 12-13-25.1). Timeline and deadlines for collecting signatures: First 10 signatures must be turned in by the first Wednesday of the September before the assembling of the general court . Timeline for taking effect: Thirty days after the election (Const. Repeal or change restrictions: No veto and only a majority of voters to overturn amendments, not 55 % (C.R.S.A. C.R.S.A. 53 22A; M.G.L.A. Number of signatures required: For statute, 8 % of the total votes cast for governor in the last general election. 4, 1, Pt. Withdrawal process of individual signature: Must do before submitted to secretary of state (NDCC, 16.1-01-09). Allowed to pay another for their signature: Prohibited (A.C.A. Code 102). 100.371). 19, 3; N.R.S. This ensures that measures will not be passed by a small minority of voters, either because of a low turnout or ballot-drop off (where voters only vote partway through a ballot). The ballot title may be distinct from the title of the law that is the subject of the petition (Utah Code 20A-7-308). Number of signatures required: 5% of total votes cast for all candidates for governor in the last general election (Const. 7-9-105), Withdrawal process of individual signature: No statute. For direct initiatives, six months to collect (submit proposed measure within 10 months with deadline to submit four months out from the general election). Subject Matter Excluded From Popular Referendum, Dedications of revenue, appropriations, local or special legislation or laws necessary for the immediate preservation of the public peace, health or safety, 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, Urgency statutes, statutes calling elections or statutes providing for tax levies or appropriations for current expenses of the state, Laws necessary for the immediate preservation of the public peace, health or safety, and appropriations for the support and maintenance of the departments of state and state institutions, Laws making any appropriation for maintaining the state government or for maintaining or aiding any public institution, not exceeding the next previous appropriation for the same purpose, Const. Nebraska: not less than 35% (Const. A list of the initiative, referendum, and recall . Majority to pass: Initiative amendments proposed by the people and their legislative substitutes must receive at least 30 % of the total number of ballots cast in the election and a majority of the voters voting on the measure (Massachusetts Constitution 48, Init., Pt. 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. 1953 20A-7-702; 20A-7-204.1; 20A-7-701-706). initiative referendum and recall are examples of quizlet. III, 3); next general election after the petition is regularly and legally filed with the secretary of state (NRS 32-1411). Who creates petitions: Secretary of state approves the format and printers proof (C.R.S.A. 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. 7-9-114. Paid circulators must file an affidavit with secretary of state indicating they are paid before circulating a petition (MCL 168.482a) NOTE: The affidavit requirement has been declared unconstitutional and nonbinding by AG opinion 7310, May 2019. IV, 1). 2, 3), Michigan (M.C.L.A. Select a State with Popular Referenda to Learn More. 15, 273; Miss. A recall is when a political committee petitions the electors of the state, county, city/town, or district to demand an officer be recalled based on a statement of grounds by the committee. In the U.S., the terms initiative and referendum refer to processes that allow citizens of states to vote on particular pieces of legislation.. Cal.Elec.Code 9014; 9016; Cal.Const. A handful require that each signature be individually verified, including Nebraska (NRS 32-1409), Ohio (ORC 3519.15), Oklahoma (OK Stat. 54, 53, Drafted by sponsors and approved by board of state canvassers. Florida: Attorney general can request advisory opinion on the constitutionality of a measure from the state supreme court. 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. Initiative, Referendum and Recall are three powers reserved to the voters to enable them, by petition, to propose or repeal legislation or to remove an elected official from office.. Pursuant to state law (A.R.S. If the people are dissatisfied with and want to change the actions of government, or if the government wants to get public approval for a given policy, these three devices are available. In Nevada, a constitutional amendment needs only a majority but must be approved in two consecutive elections (N.R.S. Art. 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. Number of signatures required: Ten % of votes cast for all candidates for governor in previous election for statutes. Where to file with: Secretary of states office and attorney general (AR Const. 19, 3; Art. Art. May be withdrawn by any of the people authorized to do so in the original application; withdrawal is made via a form prescribed by the secretary of state. Twelve months for collection, and no signatures may be obtained prior to 24 months before the general elections that it is to be voted upon. Subject restrictions: The power of referendum does not extend to acts making appropriations for state institutions or to meet deficiencies in state funds (Const. Art. States may apply a single-subject rule or other restrictions. Repeal or change restrictions: None (Const. 250.036; OR CONST Art. Who creates petitions: Sponsors (CRS 1-40-105). Legislature or other government official review: No additional review. 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. Which election: Next succeeding general election, except when the legislature shall order a special election (Const. Thirteen states require a simple majority to pass statewide ballot measures: Alaska, Arizona, Arkansas, California, Idaho, Maine, Michigan, Missouri, Montana, North Dakota, Ohio, Oklahoma andSouth Dakota. Art. A requirement for 5% of the registered voters in two-fifths of the counties each was held unconstitutional, but that case was vacated because of an issue of standing. Timeline for taking effect: Thirty days after the election unless otherwise provided in the act. Application process information: No fee or application prior to circulating. Timeline for taking effect: 30 days after the election (Const. III, 3 and MGL ch. Art. Does the law in question take effect before the referendum vote: In some cases, yes. See ACA 7-9-126. LXXXI, 4). Other subject restrictions: Measure provisions cannot be dependent upon meeting certain vote %age. Art. 6). A petition organizer must register with the secretary of state. 3, 24). Art. Stat. Art. Petition title and summary creation: The secretary of state (W.S.1977 22-24-310). Petition sheets will always include space for signatures. Art. Rev. States with popular referendums (23): Alaska, Arizona, Arkansas, California, Colorado, Idaho, Maine, Maryland, Massachusetts, Michigan, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, Utah, Washington Wyoming. Art. Circulator oaths or affidavit required: Yes (Const. II, 10(a)). Ballot title and summary: Full text is included if not too long. Where to file: Secretary of state (Const. V, 3; 34 Okl.St.Ann. St. 32-1405.01; 32-1405.02; 32-1413). Art. 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. Petitions may be signed at any time after an act is passed and must be submitted by June 1. 5, 3; 34 Okl.St.Ann. What is on each petition: Petition must include full and correct title and text of the law (Const.