Time period restrictions before placed on the ballot: Certified ballot title is due at least 65 days before the election. Petition title and summary creation: Within 15 days of the issuance of the certificate of review by the attorney general, petitioners file the measure with the secretary of state, who forwards it to the attorney general, who has 10 days to draft a title (IC 34-1809(2)). Const. 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 housethe fifth member is appointed by the four previous members. Number of signatures required: 6% of the total votes cast for the office of governor in the last election (OH Const. The reform movements of the Progressive Era generally focused on . Petitions carried by paid circulators must be filed on a monthly basis. This is because legislators are more likely to introduce certain reforms and measures if the initiative mechanism exists, because it is likely that if they do not, an initiative on the issue will be launched. Any proposed law can, with sufficient backing, be put on the ballot in an election. Time period restrictions before placed on the ballot: Signatures must be filed one year prior to the election (SDCL 2-1-1.2). Circulator oaths or affidavit required: Yes (AS 15.45.360). 19, 2), Ballot title and summary: Secretary of state, in consultation with the attorney general (N.R.S. What is on each petition: Must contain attorney generals unique numeric identifier, title, summary and the proposed measures full text, and follow the form found in the code (Cal.Elec.Code 9008, 9009, 9012). Subject restrictions: Laws providing for tax levies, appropriations for the current expenses of the state government and state institutions and emergency laws necessary for the immediate preservation of the public peace, health or safety (OH Const. Public review or notice: None other found.. Circulator requirements: 18 years-old and US citizen and sworn oath by an official sponsor of the initiative as to the identities of the proposed circulators (W.S.1977 22-24-306). Proponent financial disclosure requirements: Must file a statement of organization as a political issues committee no later than seven days after receiving contributions or making expenditures totaling at least $750, and annually by 5 p.m. on January 10 thereafter, unless it has filed a notice of dissolution (Utah Code 20A-11-801). If both are approved, the one receiving the greatest number of affirmative votes prevails (34 Okl.St.Ann. Where to file with: Lieutenant governor (U.C.A. III, 5(1)). In the early 1900s, the recall, referendum, and initiative provisions 2, Sec. 3. create a unicameral national legislature. CONST. 101.161). Between 90 and 110 %, every signature is verified (C.R.S.A. And many states include some type of public review or notice of proposed measures, as well. If a congressional district has 90 % of the needed valid signatures, the petition fails in that district. Fiscal review: Yes (W.S.1977 22-24-309). For amendments, 10 % of the total qualified electors of the state (MT CONST Art. Stat. Who creates petitions: None defined, although the secretary of state reviews and processes the petition, along with the attorney general and the Supreme Court (34 Okl.St.Ann. The same title that was drafted for the petition also appears on the ballot (ORS 250.065). Which election is a measure on: Next statewide or special election after the legislative session concludes sine die (21-A M.R.S.A. Art. Circulator requirements: Idaho resident and at least 18 years of age (IC 34-1807). Repeat measures: Cannot be same as a measure at either of the two preceding biennial state elections (M.G.L.A. 2, 10; N.R.S. 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. Verification: The regular boards of judges, clerks and officers count all of them (I.C. Board of Election commissioners and then certified to the secretary of state. Time period restrictions before placed on the ballot: None. The use of the device gained momentum with the emergence of groups concerned with specific issues such as civil rights, abortion, capital punishment, nuclear power, tax policies, handgun control, and the environment. They are an effort to ensure that petition signers do not represent just the interests of heavily populated areas. Collected in-person: Original ink signatures are required (ORC 3519.051 and 3501.38(B)). 53 7). Art. 48, Pt. 116.030). In every state, a constitutional amendment requires a vote of approval. Art. If he finds it in proper form, he shall so certify. Ballot title and summary: Attorney general. Biennial regular general election, with submission deadline three months and three weeks prior to election. Const. 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. Ten % for amendments (Ark. Art. A warning to signers is required (CRS 1-40-110). Timeline for taking effect: Effective 90 days after certification (Const. Some states offer no assistance or advice to initiative proponents on the draft of their proposed law. Amend. Const. 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. Circulator requirements: Age 18 or older (Elec. 168.472). Art. Petition bears the title of the bill it seeks to repeal, and the secretary of state drafts the ballot title that appears on the petition. Art. If legislature amends, it does not go into effect until the original is rejected by the voters. Repeat measures: Two years (MS Const. Art. Q. Art. 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. Petition title and summary creation: Secretary of state and approved by attorney general (V.A.M.S. Withdrawal process of individual signature: Any signer may remove their signature at any time before the petition is filed by striking it out on the petition (ORC 3501.38(H)). Const. For amendments, must be submitted for verification by the third Tuesday in June of the general election year. 353, 354). Art. Circulator oaths or affidavit required: Yes (Const. In an example we calculated the variance and standard deviation for Location 1 of Gilotti's Pizzeria restaurants. Another 3% is required to qualify for the ballot if not enacted by the legislature after four months. Therefore, rules restricting the ability to change or repeal measures apply to statutory measures, which are available in 21 states. Withdrawal process of individual signature: By giving written notice to the lieutenant governor before the date the petition is filed (AS 15.45.350). Fifty percent in Wyoming (W.S.1977 22-2-117). Circulator oaths or affidavit required: Yes (RCW 29A.72.030). Which election: 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 (Const. By continuing to use this site, you consent to the terms of our cookie policy, which can be found in our. There is a filing fee of $2,000, which is refunded if the measure qualifies for the ballot within two years (Const. 5, 2; Constitution 48, Init., Pt. Circulator oaths or affidavits: Sponsor signs affidavit, and circulators sign oath (RCWA 29A.72.010; 29A.72.120). Art. Const. For indirect initiatives, about nine months (proposed measure submitted within 10 months of the session it is to be submitted at with a deadline of 10 days before the session) (RCWA 29A.72.030). Which election is a measure on: Biennial regular general election (C.R.S.A. 273; Miss. General election unless the legislature orders a special election. First general election to be held not less than 30 days after the filing ofthe petition. Art. What is on each petition: Petition includes original bill number, title and affidavit signed by no more than three proponents file the measure (34 OS 1). Art. Formal processes vary greatly, such as the requirement of a formal sworn statement in Missouri (V.A.M.S. Cannot be same as a measure at either of the two preceding biennial state elections. Subject restrictions: The referendum shall not be applied to dedications of revenue, appropriations, local or special legislation, or to laws necessary for the immediate preservation of the public peace, health or safety (Const. XVI, 5(b)). Application process information: Application must be filed by 5 p.m. within five calendar days after the legislative session ends (Utah Code 20A-7-302). What Is A Recall, Referendum And Initiative? - ElectionBuddy A legislature committee also reviews the measure by a deadline (N.R.S. Proponent organization and requirements: Not specified. Must also be verified on the back of signature sheets by the person who circulated those sheets by an affidavit along with the signature and title of the officer before whom the oath was made (34 Okl.St.Ann. A person, committee or political party that pays signature gatherers is required to file the same financial disclosures required under Title 13, Chapter 37. 3501.38; 3519.05, Oklahoma: OK Const. Some of these geographic distribution requirements have been found to be unconstitutional, largely on one person, one vote grounds. V, 1(3), "The filing of a referendum petition against any item, section, or part of any act shall not delay the remainder of the act from becoming operative.". 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). Reports of contributions received and expenditures made must be filed at least seven days before any primary, special or general election. 8). Ninety days from the date marking the beginning circulation for collection, as set by the secretary of state after public posting and chance for protest, and a deadline of 90 days from the official set date from the secretary of state. Ten% of total votes cast in previous general election with geographic requirement, Ten% of votes cast for all candidates for governor in previous election for statutes; 15% for amendments, Eight% of the total number of legal voters for statutes; 10% for amendments, Five% of votes cast for governor in last election for statutes or ; 8% for amendments, Five% of votes cast for secretary of state in last election, Eight% of total votes cast statewide in last presidential election, Six% of qualified electors at the time of the last general election, Eight% of votes cast for governor in last gubernatorial election, Ten% of total votes cast for governor in last gubernatorial election, M.G.L.A. Ballot title and summary: The secretary of state and the attorney general also jointly make a more descriptive ballot question summary to be sent to voters. 116.025). Art. Withdrawal process of individual signature: The person must file a sworn statement with the secretary of state any time before the petition is filed (V.A.M.S. Additional reports are due on the third Wednesday in January of each year the committee continues in existence. 3, 50, 51). Submission deadline for signatures: Ninety days after the law is filed by the governor in the office of the secretary of state (Const. What is on each petition: A fair, concise summary of the proposed measure must appear at the top, along with the names and residences of the first 10 signers (Const. The filing of a referendum petition against any item, section, or part of any measure shall not prevent the remainder of such measure from becoming operative. Petitions must be filed by 5 p.m. on the 90th day after the applicable legislative session adjourns sine die. 3, 18 and 21-A M.R.S.A. What is on each petition: Must follow prescribed form and include the provisions for identification of the measure, space for the printed name, space for the signature, address of the committee member, notarization of the signature and affidavit (NDCC, 16.1-01-07; 16.1-01-09). Whats the difference between initiative and referendum? III, 52(a) and Mo.Rev.Stat. 295.0575), Allowed to pay another for their signature: Prohibited (N.R.S. 7-9-104; A.C.A. Art. Art. Art. 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). 3, 2; NDCC, 16.1-01-17. Prov., Pt. Only regular state, congressional and municipal elections, and filed at least four months before election. Art. A referendum (plural: referendums or referenda) is a direct vote by the electorate on a proposal, law, or political issue. The Progressive Era Pt. 1 Flashcards | Quizlet A filing fee of $500 accompanies the application (W.S.1977 22-24-302; 22-24-303). 3, 52). Verification: Submitted to local registrars of each signer two weeks before submission to secretary of state, who establishes regulations to verify. 5, 1; C.R.S.A. Updated on June 03, 2021. 250.048). 12; 25. 7-9-404). If petition is insufficient, sponsors have 30 days to solicit and obtain additional signatures, submit proof to show that rejected signatures are valid or make the petition more definite and certain. Sponsor, approved by secretary of state, reviewed by attorney general, 10 ILCS 5/28-5; 10 ILCS 5/16-6; 5 ILCS 20/2. 15, Sec. Verification: Secretary of state verifies via a random sampling (SDCL 2-1-11; 2-1-15; 2-1-16; SDCL 2-1-17). The ballot initiative, a form of direct democracy, is the process through which citizens exercise the power to place measures otherwise considered by state legislatures or local governments on statewide and local ballots for a public vote. Verification: A random sample of 5% of the signatures is verified by county recorders (ARS 19-121.01(B)). Submission deadline for signatures: Within 90 days after the enactment date of the statute (Const. Application process information: Not available in statute. 55 1, 6B, 7A, 18C, 18, Mississippi: Miss. Art. Types Allowed: Indirect initiative for statutes, and popular referendum. Regular election unless otherwise ordered by Legislative Assembly, and restrictions of four months prior to the general election. Arkansas. Weve been busy, working hard to bring you new features and an updated design. 21 1). Code 9607). 1-40-108. Art. Code 9014). Petition title and summary creation: Attorney general (RCW 29A.72.060). June 22, 2022; a la carte wedding flowers chicago; . 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). Allowed to pay another for their signature: Prohibited (RCW 29A.84.250). 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. 3, 50; Art. 24 States may have the direct initiative, the indirect initiative or the choice of either. Which election is a measure on: General election (N.R.S. For constitutional amendments, signatures must be gathered from at least 2% of the total registered electors in each state senate district.*. 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. Referendum: Definition, Rationale and Criticism for UPSC Polity - BYJUS Verification: Counts total number and then takes 5 % random sample to verify signature accuracy (A.R.S. 3517.01, .08, .10, .11, 12, .13, .20, .092, .093, .102, .105; O.H.R. The chief petitioners must notify the secretary of state that at least one person will be paid, and it will say this on the petitions. Proponent financial disclosure requirements: Include but are not limited to being a ballot question committee is treated as a type of political committee, filing electronic campaign finance reports, where a committee can spend, and unlimited contributions to a ballot question committee (M.G.L.A. Two states require circulators to attend a training: Twenty-two states require circulators or proponents to sign affidavits or other sworn statements as to the accuracy or authenticity of the petitions: Several of these states require such information to be included on the signature petition sheets. 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. Geographic distribution: 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 (Neb. 19, 2; American Civil Liberties Union of Nevada v. Loma (2006); N.R.S. Which election is a measure on: General election (F.S.A. Verification: Secretary of state verifies with help of county clerks. Art. Const. Art. No more than one-quarter of signatures may come from a single county. 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). XI, 5). Withdrawal of petition: Any person who submits a sample sheet to or files an initiative petition with the secretary of state may withdraw the petition upon written notice to the secretary of state. Art. 116.130). Geographic distribution: 3% of total votes cast for the office of governor from at least 15 counties (Const. Const. Const. Random sample of at least 500 or 5% of the signatures, whichever is greater. Circulator oaths or affidavit required: Yes (Const. Who creates petitions: Proponents can produce them but must follow form (RCWA 29A.72.100). Art. In 1921 the voters of North Dakota removed from office the governor, attorney general, and commissioner of agriculture. which lies the initiative and referendum-the power of the people to make laws. 3, 50 and V.A.M.S. Art. 250.125; 250.067; 250.127, Utah: U.C.A. Art. Collected in-person: The circulator must witness each signature (OR Rev. Code Ann. Considered a committee if individual raises or spends more than $5,000. Allowed to pay another for their signature: Not specified. Circulator requirements: According to secretary of state's. Timeline for taking effect: Thirty days after it is enacted or approved by a majority of the votes cast (OR CONST Art. Who can sign the petition: Voters who register on or before the date the petition is required to be filed (NRS 32-1404).. Timeline for taking effect: Upon approval by the voters (Const. 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. 3, 2). 3519.03; 3519.01; 3519.062). 53 22A; M.G.L.A. V, 3 and 34 OS 1, 4 and 8). Recall, the device by which voters may remove public officials from office, also originates with the people. III, 52(a) and Mo.Rev.Stat. 22-24-407). Repeat measures: May only be attempted once every three years (Ne.Rev.St. 3, 4; Art. IV, 1(4)). Repeat measures: 5 years on any measure that is "substantially the same as that defeated by" the previous measure (W.S.1977 22-24-301). Outer page of petition pamphlet includes warning to signers. Geographic distribution: Yes, signed by qualified voters equal in number to 15% of those resident in at least two-thirds of the counties of the state, as determined by those who voted in the preceding general election in that county (Const. Where to file: Secretary of state (Const. Stat. 2, 8). Application process information: Petition must be presented to secretary of state for approval as to form. Office of the Legislative Fiscal Analyst conducts an estimate and description of funding sources. Probably the most celebrated initiative to pass in recent years was Proposition 13 in California. 3, 52(e) and Wyo. Types allowed: Direction and indirect initiatives for statutes, and popular referendum, Single subject rule: Yes (RCWA Const. PDF The Law Of Direct Democracy By Henry S Noyes Art. II, 9 and MCL 168.471). 1953 20A-1-201; 20A-1-203; 20A-7-206). Art. 3, 3; NRS 32-1402 and -1403, Nevada: Const. Majority to pass: Yes (Ark. Legislature may amend initiative after two years. Law 7-105. Art. And must be filed four months before election. Verification: County officials conduct raw count, and then a random sample is taken of 500 signatures or 3 % of each countys total for accuracy. Proponent financial disclosure requirements: There is a principal circulator whose information is publicly available upon request (NRS 32-1406). For statutes: If not passed by the legislature within 40 days, it is placed on the next general election's ballot. Art. Art. provided safe working conditions for child laborers. Each county board certifies the signatures for their county, and the secretary of state verifies the second round of petition signatures for indirect statutory initiatives (OH Const. Art. Must be 18 or older and a U.S. citizen (M.C.L.A. Art. Art. III, 8). Const. 3, 50; V.A.M.S. Art. Art. Art. 250.062). 7-9-104; A.C.A. Art. Paid per signature: May be paid but not on number of petitions circulated or signatures obtained. Other subject restrictions: No amendment may change more than one section, no appropriations, and no local or special laws (MT CONST Art. Recall. Cannot relate to: religion, the judiciary, specific appropriations, local or special legislation, the 18th amendment of the constitution, anything inconsistent with the Declaration of the Rights of the Inhabitants of the Commonwealth of Massachusetts. 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. Const. Who creates petitions: Lieutenant governor (Const. Const. Next succeeding election at which the question may be voted upon by the voters of the entire state. To account for double-signing, the secretary will apply at least an 8 % duplication rate to the first sampling. Initiative, referendum, and recall are three means by which the people may bring their will to bear directly on the legislative process and the machinery of government. Ballot title and summary: Attorney general (Elec. Prov., Pt. Art. Geographic distribution: The required signatures must be distributed equally among all of the petition districts (NRS 295.012 and NRS 293.127563). There are two kinds of referenda: obligatory and optional. Amend. 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). Art. Art. 1953 20A-7-202; U.C.A. Where to file with: Secretary of state (V.A.M.S. III, 3). Art. Laws necessary for the immediate preservation of the public peace, health or safety, Acts that become effective earlier than 90 days after the end of the session, Such laws as may be necessary for the immediate preservation of the public peace, health or safety, or laws necessary for the support of the state government and its existing public institutions, Const. Art. 3, 5). Circulator oaths or affidavit required: Yes (Elec. Number of signatures required: 6% of the qualified electors at the time of the last general election (IC 34-1805). Legislature or other government official review: Legislature reviews the indirect statutory initiatives. We hope you and your family enjoy the NEW Britannica Kids. Director of elections, with approval of the state board of canvassers, drafts a statement of purpose of not more than 100 words for the ballot. 2, 8), Conflicting measures: Measure receiving more affirmative votes is enacted (Cal.Const. Some states have what's called an indirect initiative process. Proponent financial disclosure requirements: 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 (MCL 169.224). Circulator oaths or affidavit required: Yes (ORS 250.045(10)). 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. These are all then submitted to the secretary of state (SDCL 12-13-25.1; 12-13-26). V, 3 and OK Stat. 2015.5), Circulator oaths or affidavits: Yes (Cal.Elec.Code 104, 9022, 9610), Paid per signature: Yes, but signed oath if paid (Cal.Elec.Code 101, 9610), Allowed to pay another for their signature: Prohibited (Cal.Elec.Code 18603). St. 32-628), Circulator oaths or affidavits: Yes (Neb. Timeline for taking effect: Goes into effect once the supreme court finishes canvassing the votes (N.R.S. Other subject restrictions: Must contain only subjects that are related or mutually dependent. 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. Does the law in question take effect before the referendum vote: The sections of a law subject to a referendum do not. 2, 9). 5, 1). 3, 8), Timeline for taking effect: Thirty days after the election (NDCC Const.