IV, pt. History of Initiative and Referendum in California - Ballotpedia Code 9610). Code 9001). 250.015; 250.052). 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. For collection, if the petitions were filed at least 165 days before the election and the signatures are deemed insufficient, they may collect more, and deadline of four months prior to the general election. Oregon requires the election as a whole to have had at least 50 percent voter turnout, but only requires a majority to pass (OR Rev. 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. Petition title and summary creation: Secretary of state and approved by attorney general (NDCC, 16.1-01-07). 4, 1, Pt. 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. 3, 18), Who can sign the petition: Electors (M.R.S.A. If neither receives majority, the one receiving the most votes, if it receives more than one-third of the votes given for or against both, will appear at the next statewide election to be held not less than 60 days after the vote (M.R.S.A. c. majority rules 1953 20A-7-204.1; 20A-7-208; 20A-7-702). Art. Conflicting measures: The measure with the most affirmative votes becomes law (NDCC Const. Time period restrictions before placed on the ballot: See timeline and deadlines. 3, 8), Timeline for taking effect: Thirty days after the election (NDCC Const. 12, 2), Collected in-person: In the presence of the circulator (M.C.L.A. Cal.Const. For statutory initiatives, 7% of votes cast for governor in last election. Should this bill be: Approved. Vote requirement for passage: Majority (Const. The voters eligibility cannot be established or has been challenged. Proponent organization and requirements: Proponents and opponents register with board of elections (10 ILCS 5/28-9). South Dakota: The Legislative Research Council provides written comments to the attorney general (SDCL 12-13-25; 12-13-25.1). 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. 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. Direct democracy occurs when policy questions go directly to the voters for a decision. 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. Const. Withdrawal process of individual signature: Signer or attorney of the signer may remove a signature before official filing (O.R.C. 1-40-106 and 1-40-107). Voters have approved 158, an approval rate of 35.75%. Within three days of making an expenditure or receiving a contribution, a political committee must file a statement of organization and designate a treasurer. 48, Pt. 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. Ballot title and summary: Full text is included if not too long. Timeline for taking effect: 10 days after the official declaration of the vote (Const. 250.137; 250.139; 250.125; 250.067; 250.127). Const. submission of the petitions to the state elections official, who must verify the number of signatures. 901), Proponent organization and requirements: Any organization supervising or managing petition circulation must register with secretary of state (21-A M.R.S.A. Application process information: No fees or application, Where to file with: Secretary of state (M.C.L.A. 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. Legislature may hold public hearings and must hold a committee hearing once 25 percent of signatures are collected (Cal.Gov.Code 12172; 10243; 12172; Cal.Elec.Code 9007; 9034). A groups name must include the title or common name of the measure if the group intends to direct more than 50% of its contributions or expenditures toward a single measure. Analytics cookies help website owners to understand how visitors interact with websites by collecting and reporting information anonymously. Circulator oaths or affidavits: Yes (M.C.L.A. 116.334). Art. 116.334). Recall elections are an electoral device first used by the. Number of signatures required: 5% of the whole number of votes cast for governor in the last election. Constitution 48, Init., Pt. An act that was suspended by a petition and is approved by the people is effective the date the result of the canvass is filed by the secretary of state (MCA 13-27-105(3)). Art. 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)). 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). 1953 20A-7-202; U.C.A. 3, Sec. Const. Art. 19, 3; Nev. Rev. Seventeen states do not provide for any limitation on attempting to repeat a specific measure: Alaska, Arizona, Arkansas, California, Colorado, Florida, Idaho, Illinois, Maine, Michigan, Missouri, Montana, Nevada, Ohio, Oregon, South Dakota and Washington. 5, 1). Circulator oaths or affidavits: Yes (34 Okl.St.Ann. Please refer to the appropriate style manual or other sources if you have any questions. Note that all but two of these statesMaryland and New Mexicoalso have the initiative process. Single subject rule: No statute. Amend. The poor timing of a referendum's voting on election day may mean voters disregard it altogether as their focus is on the election. 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. Most states require that the petition bear a title and/or summary of the proposed measure. 116.332, Const. Two-thirds vote (or majority after seven years). 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. Application process information: Before circulation of an initiative or referendum petition for signatures, a copy shall be submitted to the attorney general who shall prepare a title and summary of the measure as provided by law. A referendum usually asks a question or questions to which all eligible electors must vote either yes or no. 7-9-103). Art. 2, 9; M.C.L.A. And attorney general reviews legality (MCA 13-27-202; 13-27-312; 13-27-402). Must file monthly financial reports with the Ethics Commission. Law 6-103). 8). 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. Art. Geographic distribution: 15% of the total vote cast in the last election in at least of two-thirds of counties (Const. 15, 273), Conflicting measures: Measure with highest number of affirmative votes prevails (MS Const. III, 3). Persons involved in a statewide initiative or referendum process are subject to the provisions of the Nebraska Political Accountability and Disclosure Act. Art. 54 53). 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. 12; 25). Fiscal review: State auditor prepares, and proponents may submit proposed review (V.A.M.S. 116.120). Const. 3, 1; Constitution 48, Init., Pt. 53 7). Petition title and summary creation: Secretary of state drafts a short and concise statement that fairly represents the proposal; approved by the attorney general (NDCC 16.1-01-09). Circulator oaths or affidavits: Official sponsors must sign at least two-thirds of the petitions (DCL 2-1-1.2). Not more than half of signers may be residents of Baltimore City or of one county. Subject restrictions: Such laws as may be necessary for the immediate preservation of the public peace, health or safety, support of the state government and its existing public institutions are not subject to referendum (Const. VI, Subpt. Public hearings are held in each congressional district (Neb. IV, 1). Other states vary when it comes to restrictions, ranging from specific vote thresholds on certain topics to disallowing certain issues. 20. Const. 1953 20A-7-208; 20A-7-702). 3519.01 and 3519.05(C). II, 1(d) and RCW 29A.72.030, Next succeeding general election, unless the legislature orders a special election, Const. One of three authorized people must submit a notice of withdrawal with the secretary of state. 1953 20A-7-203). 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). 3, 4. U.C.A. The secretary of state will also conduct at least one public hearing in each congressional district on each ballot measure (Miss. In 18 states, the application to circulate a popular referendum petition is filed with the chief election officer. Art. Circulator requirements: Must be 18 years old and an Ohio resident (O.R.C. 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. Art. Circulator requirements: Resident of South Dakota who is at least 18 years old (SDCL 12-1-3). 5, 1). 218D.810; 293.267; 295.015; 293.252). In calendar quarters with an election, additional reports are due 10 days before the election and 15 days after the election. 3, 53). Const. Code 18680. III, 52(b) and Mo.Rev.Stat. Proponent financial disclosure requirements: Reports of expenditures and contributions received are required quarterly in non-election years and monthly, March through November, in election years. Secretary of state, in consultation with attorney general, OH Const. Art. 3, 18 and 21-A M.R.S.A. Does the law in question take effect before the referendum vote: If a petition has signatures from 10% of the state's registered voters, it shall suspend the taking effect of such act or part of act (except emergency acts or those for the immediate preservation of the public peace, health, or safety) until the same has been approved by the electors of the state (Const. Art. Number of signatures required: Eight % of the total number of legal voters for statutes. Colorado and Florida require a supermajority to pass a constitutional amendment: 55 percent of voters in Colorado (C.R.S.A. 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. III, 3). Art. After the hearings, the proponents and Governor's Office of Management and Budget may revise (U.C.A. 3501.38). 7-9-104). 273; Miss. States with geographic requirements that use entities that are unequal in population, such as counties or even state legislative districts, are more likely to have the requirement challenged in court. Allowed to pay another for their signature: Prohibited (O.R.S. remainder of that party's candidates is called the (EXAMPLE) What wording was altered in the Constitution? II, 1g; Art. Referendum and initiative | Definition, Forms, History, & Facts The right of candidates to spend their own money on running for office Art. Proponent organization and requirements: Application includes sponsors name, or if an organization, the names and titles of its officers, and an address (ARS 19-111). It receives a list of deceased residents from the Department of Health. 2, 1). Next general election at least four months after filing the signatures. Then they deliver the verified packets to the lieutenant governor. Which activity occurs during the convention period? Arizona: A.R.S. Allowed to pay another for their signature: Prohibited (U.C.A. 2, 8. 34-1804, 34-1809). 32-1401; 32-1405; 32-628; 32-1403). 2, 9; Const. 19-121), Which election is a measure on: Next general election after filing (A.R.S. 295.015). Initiatives and referendums in the United States - Wikipedia 21 1 and A.R.S. Repeal or change restrictions: No veto and only a majority of voters to overturn amendments, not 55 % (C.R.S.A. Art. For amendments, must be submitted for verification by the third Tuesday in June of the general election year. Art. c. donations to a challenger. Art. The same title that was drafted for the petition also appears on the ballot (ORS 250.065). III, 2; Bernbeck v. Gale, 59 F.Supp.3d 949 (2014); 829 F.3d 643, United States Court of Appeals, Eighth Circuit. 8). If the board is unable to verify the genuineness of a signature on a petition using the digitized signature contained in the qualified voter file, the board may cause any doubtful signatures to be checked against the registration records by the clerk of any political subdivision in which the petitions were circulated, to determine the authenticity of the signatures or to verify the registrations (MCL 168.476). a. shirttail effect. III, 4). Must include the language a committee for/against Proposition __ in any reference to the committee required by law. Contributions in excess of $3,000 that are received after filing the pre-election report must be reported within 24 hours of receipt. Under the optional (or facultative) referendum, a popular vote on a law passed by the legislature is required whenever petitioned by a specified number of voters. CONST. Submission deadline of signatures: Must address written petition to the legislature and 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. 168.482; 168.544c). II, 1). Art. The circulator must also register with the secretary of state and complete a training program specified by the secretary (OR Rev. Brexit Meaning and Impact: The Truth About the UK Leaving the EU Verification: The regular boards of judges, clerks and officers count all of them (I.C. Art. Art. Prov., 3). Thirteen states require publication in a newspaper: Arizona, Arkansas, Florida, Illinois, Maine, Michigan, Missouri, Montana, Nebraska, Nevada, Ohio, Oklahoma and Utah. Must also meet conditional certification (W.S.1977 22-24-304; 22-24-308). St. 32-1408). 3, 5). Art. Withdrawal process of individual signature: Can file a request with the county clerk any time before the petition is filed (N.R.S. Proponent organization and requirements: At most, three people are designated as the chief petitioners and state whether circulators will be paid or not (O.R.S. Why is Floridas use of the federal Systematic Alien Verification for Entitlements (SAVE) database controversial? Submission deadline for signatures: 90 days after the final adjournment of the session in which it was passed, except when a recess or adjournment shall be taken temporarily for a longer period than 90 days, in which case such petition shall be filed not later than 90 days after such recess or temporary adjournment (Const. III, 3 and NRS 32-1407). 5, 1), Who can sign the petition: Registered electors who will be eligible to vote on the measure (C.R.S.A.
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