General review of petition: Attorney general may confer with proponents and recommend revisions (Miss. 19, 2), Types allowed: Direct initiative for statutes and constitutional amendments, and popular referendum. Art. II, 1(d)). Majority to pass: Yes, except two-thirds majority is need in the case of laws changing rules regarding the taking of (U.C.A. Verification: The qualified voter file shall be used to determine the validity of petition signatures by verifying the registration of signers and the genuineness of signatures on petitions when the qualified voter file contains digitized signatures. 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). Statewide general election, and 90 days before the first day of the legislative session and the first five measures make it on the ballot. Constitution 48, Pt. 11 5). Petitions are deemed invalid if signatures are gathered in violation (ORC 3501.381). Next general election at least 31 days after the measure qualifies or at a special statewide election held prior to that general election; the governor may call a special statewide election for the measure. N.R.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. Who creates petitions: A voter must print the petitions in the form approved by the secretary of state (21-A MRS 901). Time period restrictions before placed on the ballot: 120 days after the adjournment of the legislative session (W.S.1977 22-24-319). Amend. The guidelines for the format and content of petitions vary by state. 4, 1, Pt. Art. Submission deadline of signatures: 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. Functions of the Initiative, Referendum and Recall - JSTOR 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. 6, 22), Washington (RCWA Const. Const. Art. All of the chief petitioners must sign the form to withdraw. 3, 17(2)). Final deadline is not less than 120 days before the next general election. 19-119). Same must also be reported quarterly on April 15, July 15, Oct. 15 and Jan.15. Art. Geographic distribution: The required signatures must be distributed equally among all of the petition districts (NRS 295.012 and NRS 293.127563). 3, 50 and V.A.M.S. NDCC Const. Who can sign the petition: Electors (Const. Application process information: The person(s) or organization(s) under whose authority the measure is to be referred must deliver to the secretary of state the petition, signed by at least 20 qualified electors of the state (IC 34-1804). For indirect initiatives submitted to the legislature, 4% of the number of active voters in the state on Jan. 1 immediately following the last regular general election. Rponses possible : a. Application process information: Proponents prepare ballot statements and file them (MCA 13-27-202; 13-27-312). Where to file with: Attorney general (O.R.C. A person may not be a circulator who has had a penalty for violation of title 16 (election laws) or title 19 (initiative and referendum laws) in the past five years, has been convicted of treason or a felony and has not been restored to civil rights, or has been convicted of any offense related to fraud, forgery or identity theft (ARS 16-114(D). Considered a committee if individual raises or spends more than $5,000. Art. Who can sign the petition: Electors of the state (OH Const. Where to file with: Secretary of state (OK Const. Arizona (for constitutional amendments, not statutes) (A.R.S. Circulator requirements: Must be 18 years old and an Ohio resident (O.R.C. 19, 2). Unlimited, but if number of filed signatures is deemed insufficient, sponsors have 30 days to collect more. Art. 5, 1; A.C.A. III, 1). Pamphlet contains one-sentence statements describing the effect of a "yes" or "no" vote prepared jointly by the attorney general and the state secretary (M.G.L.A. Information page must contain description of subject and purpose of the petition, identification of sponsors, the required information relating to signatures and the required affidavit. Code Ann. Statewide election or a special election called by the governor, Next regular or general election that occurs 125 days after filing, Const. IV, 1). Ten states allow the legislature to alter or change measures without any time limits or supermajority requirements: Seven states have supermajority requirements for changing a measure (the other states require only a regular majority, although some enforce a time period). Timeline for taking effect: An act rejected by referendum is void 30 days after certification. Art. Verification: Lieutenant governor verifies the total number of signatures and qualification of the signers, and that there are sufficient signers who are resident in three-fourths of the house districts (AS 15.45.160). Const. 2, 24). II, 9). To allow opportunity for referendum petitions, no act passed by the legislature shall be operative for 90 days after the close of the session of the legislature enacting such measure. LXXXI, 4). Where to file: Secretary of state (NMSA 1-17-8). Twelve% of total votes cast in last gubernatorial race for governor, V.A.M.S. Proponent organization and requirements: There may be a legally or generally recognized sponsor of the proposed amendment or question (M.C.L.A. 34, 1, Const. 116.090). Art. Legislature or other government official review: Attorney general prepares explanatory statements. 19, 2; N.R.S. Art. 7-9-107), Legislature or other government official review: No statute, Public review or notice: Notice to be posted in statewide newspaper five months before election at expense of petitioners (Ark. Petition title and summary creation: No separate title, and a simple "statement of the gist" of the measure is included on the petition (34 Okl.St.Ann. Art. A statewide special election may be called for amendments. Circulator oaths or affidavits: Yes (O.R.C. Const. Art. concerning (statement of subject) and voters have filed a sufficient referendum petition on this bill. 3, 18). For amendments, must be submitted for verification by the third Tuesday in June of the general election year. These serve as the ballot title. Art. 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. M.G.L.A. 11 5). Law 6-103). 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. It is argued that the simple existence of the initiative mechanism acts as a check on the activities of the legislature. Art. IV, 1b). 106.08, 106.19). Considered a committee if individual raises or spends more than $5,000. U.C.A. The chief petitioners may withdraw at any time before submitting the total number of signatures for verification. Art. Const. If legislature amends, it does not go into effect until the original is rejected by the voters (OH Const. Which election: First statewide election held more than 180 days after adjournment of the legislative session (Const. The next general election after signature petitions filed, a legislative session has convened and adjourned, and 120 days after the legislative session adjournment. Art. 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). 3519.21). Art. Law 6-202). 116.030). II, 9(c)). Law 13-202). 3, 17(1)). 3, 52). Art. Ballot title and summary: Proponents submit descriptive ballot title that is reviewed by attorney general (34 Okl.St.Ann. XVI, 3(b)). 21). Prior to receiving a contribution or making an expenditure, a campaign must designate a treasurer by filing with the secretary of state. Geographic distribution: 15% of the total vote cast in the last election in at least of two-thirds of counties (Const. 3, 52(b) and Wyo. For constitutional amendments, generally take effect upon passage. III, 3). Submission deadline of signatures: Ninety days from the official set date from the secretary of state (34 Okl.St.Ann. 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). 2, 8), Maine (M.R.S.A. . 5, 5; M.G.L.A. The most common requirements: that they be at least 18 years old, a citizen, a registered voter and/or a resident of the state. Reports of State Question Communications are required if aggregate expenses for a communication made at least 15 days before the election equal to exceed $5,000. OK Const. Number of signatures required: For statute, 8 % of the total votes cast for governor in the last general election. 3, 23). Application process information: Any legal voter of the state may file with the secretary of state a legible copy of the part of such act on which a referendum is desired, an affidavit that the sponsor is a registered voter and a filing fee in an amount to be established by the secretary of state (RCW 29A.72.010). 5, 2; 34 Okl.St.Ann. Stat. Art. Where to file: Secretary of state (Const. Who can sign the petition: Registered voters of the state (Const. Signatures gathered in violation of these requirements are void (ARS 19-101(A)). 5, 6; 34 Okl.St.Ann. Where to file with: Attorney general and secretary of the commonwealth once approved (M.G.L.A. Electronic reports of contributions and expenditures must be filed according to a schedule specified in ORS 260.057. 7-9-111). Thirty percent in Massachusetts (Massachusetts Constitution 48, Init., Pt. Art. Const. Public hearings are held in each congressional district (Neb. Const. III, 4; Neb. The required signatures must be distributed equally among all of the petition districts (NRS 295.012 and NRS 293.127563). Geographic distribution: 5% in each of two-thirds of the congressional districts (Const. 3, 18), Collected in-person: Yes (M.R.S.A. Application process information: State Board of Elections is empowered to adopt regulations specifying procedures for filing and circulating petitions (Elec. Code 9010 et. Types allowed: Indirect initiative for statute, direct initiative for constitutional amendment, and popular referendum, Other subject restrictions: No private or special laws (Const. 3, 52(f)). Allowed to pay another for their signature: Prohibited (ORC 3599.13 and .14). Which election is a measure on: General election (F.S.A. Ten % for amendments (Ark. 2, 19; Amalgamated Transit Union Local 597 v. State of Washington, 11 P.3d 762 [2000]), Arkansas (AR Const. 187; Okl.St.Ann. Three or more registrars must certify the petitions and follow other rules as per administrative regulations 950 CMR 55 (M.G.L.A. Code 9001). II, 1g). 907; Const. Const. 4, Pt. Also requires full disclosure of campaign staffers. 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). II, 9 and MCL 168.471). Amend. The following is not a legal, comprehensive list of every campaign finance law governing the referendum process in each state but is rather a basic summary and starting guide for where to find relevant statutes. Ballot title and summary: The secretary of the state and attorney general (W.S.1977 22-24-317). 3519.01 and 3519.05(C). 22-24-402. Art. Grounds for denial are improper form, insufficient sponsors, or more than 90 days have passed since adjournment of the session (AS 14.45.310). 3, 4; MCA 13-27-301; 13-27-202). 3; 8). Art. Petitions must be submitted not more than 90 days after the end of the session at which the act was passed. Art. See. Art. 168.474a; 168.486; 168.477; 168.3, V.A.M.S. Out-of-state committees that make expenditures supporting or opposing ballot propositions in Washington are required to file reports (RCW 42.17A.250). Oregon Secretary of State Administrative Rules Ballot title and summary: Attorney general. 19, 1). 22-24-407). Select a State with Popular Referenda to Learn More. Circulator requirements: Age 18 or older (Elec. 11 5, Idaho: I.C. Initiative and referendum are powers granted to the electorate by the constitution of several states, and refer to the processes that allow voters to vote directly on certain legislation. Art. Statutes for petition contents for each state are: Individuals who physically gather signatures are referred to as circulators. Art. Art. 903-C). (RCW 29A.72.230). 168.482). Which election: Next statewide or general election, whichever comes first, that is not less than 60 days after the petition is submitted (Const. 1953 20A-7-213). (Elec. A deposit of $100 is required; deposit is refunded if the petition is properly filed and retained if it is not properly filed (AS 15.45.260 and .270). And must be filed four months before election. Allowed to pay another for their signature: Prohibited (NSR 295.300). Stat. Art. The powers defined herein as the "initiative" and "referendum" shall not be used to pass a law 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 (Const. Cure period for insufficient signatures: None. 4, Pt. Art. 116.153). Proponent organization and requirements: Original filing must include the names, addresses and signatures of at least 25 electors as sponsors (Const. Proponent financial disclosure requirements: Prior to receiving a contribution or making an expenditure, a campaign must designate a treasurer by filing with the secretary of state (ORC 3517.10(D)). Art. Where to file: Secretary of state (OR CONST Art. A report is also due no later than the 15th day after the deadline for filing the referendum petition (Mo.Rev.Stat. Art. Must also provide a notarized list of names of proponents and a statement of organization. Art. 1b), Repeal or change restrictions: No veto by the governor (OH Const. In most states, this must be done on or before the date the petition is submitted for verification and is done by filing a form with election officials. The sponsor may file a written notice to withdraw the initiative with the secretary of state. A post-election report is due by Jan. 7. Art. Art. Which is an example of a ballot initiative quizlet The secretary of state shall not accept for filing any initiative or referendum petition which interferes with the legislative prerogative contained in the Constitution of Nebraska that the necessary revenue of the state and its governmental subdivisions shall be raised by taxation in the manner as the legislature may direct (NRS 32-1408). Constitution 48, Pt. Code 9014. Proponent organization and requirements: One designee will serve for official notices and statement of organization (V.A.M.S. * See also: 2011 N.D. Op.Atty.Gen. States decide how the ballot title and summary are created and any requirements for the wording of the measure on the ballot. Submission deadline for signatures: June 1 (Const. 5, 1 and ACA 7-9-119). 3; Const. II, 1d). 2, 9; Const. Timeline for taking effect: 30th day after the election at which it was passed (Const. Direct Democracy in California: History and Functions Verification: Random sample of at least 5 % or at least 4,000 signatures. Fiscal review: Governor's Office of Management and Budget conducts an estimate (U.C.A. Timeline for taking effect: 30 days after the election (Const. Art. Alaska prohibits payment in excess of $1 per signature. Art. Art. Withdrawal process of individual signature: Secretary of state verifies the signatures for total number and from two-thirds of the counties (W.S.1977 22-24-316). To work in today's reality, it will need amendingsomething that lies beyond the power of the Supreme Court." [1] The following states have initiative and/or veto referendum processes at the statewide level: Alaska. Withdrawal of petition: May be withdrawn by any of the people authorized to do so at the time of filing; withdrawal is made via a form prescribed by the secretary of state (NRS 295.026). Most states require proponents of a proposed law to follow guidelines. Art. Petition title and summary creation: Written by sponsors, approved by attorney general (Const. Proponent organization and requirements: Sponsor must file an affidavit that s/he is a registered voter (RCW 29A.72.010). During the 14 days before the election, reports of any communication exceeding $5,000 in the aggregate are due within one business day (Rule 2.109). The secretary of state is directed to prescribe a form for this process (MCA 13-27-301(3)). Timeline for collecting signatures: Once the petition is approved and a serial number is issued, sponsors have until 5 p.m. on the 90th day after the legislature session adjourns. We hope you and your family enjoy the NEW Britannica Kids. Const. Art II, 10 and Elec. St. 32-1408). 6, 10). Who can sign the petition: Registered voters of the state (ACA 7-9-103). Subject restrictions: No law that relates to religion, religious practices or religious institutions; or to the appointment, qualification, tenure, removal or compensation of judges; or to the powers, creation or abolition of courts; or the operation of which is restricted to a particular town, city or other political division or to particular districts or localities of the commonwealth; or that appropriates money for the current or ordinary expenses of the commonwealth or for any of its departments, boards, commissions or institutions shall be the subject of a referendum petition (Const. 5, 11; Art. 19-102), Fiscal review: Prepared by joint legislative budget committee staff (A.R.S. 7-9-104). 3, 1; Constitution 48, Init., Pt. Michigans constitution explicitly grants the legislature the power to amend laws approved by the people by referendum at any time (Const.