Must also meet conditional certification (W.S.1977 22-24-304; 22-24-308). 5, 1). LXXXI, 4). Full and correct copy of title and text must be printed on petitions (NRS 32-1403). Art. 2, 8, 12). Const. In 18 states, the application to circulate a popular referendum petition is filed with the chief election officer. Code 9050). 3, 5; NDCC, 16.1-01-09. Must include the language "a committee for/against Proposition __" in any reference to the committee required by law (Govt. The lieutenant governor has seven calendar days after receiving the application to certify or deny it (AS 15.45.300). 2, 8). Art. Where to file: Secretary of state (Const. 19, 2; N.R.S. Who can sign the petition: Registered voters (Const. Const. 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. Legislature or other government official review: Since the process is an indirect initiative, the legislature has four months to adopt the unchanged constitutional initiative by a majority in each house before the secretary of state submits it to the people. 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. Art. Art. And no signature "collected prior to a November general election at which a governor is elected shall not be filed after the date of that November general election., MS Const. 54 53. 48, Init., Pt. Proponent financial disclosure requirements: Must file a statement of organization within 20 days of becoming a committee (Mo.Rev.Stat. 250.048). Verification: Direct initiatives are turned into the county clerk of the county in which the initiative packet was circulate. Where to file: Secretary of state (Const. The secretary of state employs a representative random sampling using questionnaires, postcards, telephone calls, personal interviews, etc, or any combinations thereof, to determine the validity of the signatures (NDCC, 16.1-01-10). Art. 15, 273; Miss. Attorney general prepares abstract to be posted at polling places. Art. 12, 2; M.C.L.A. Art. Any contribution of $500 or more in the last 13 days before an election is to be reported within 24 hours. 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. Understanding the Ballot Initiative Process - ThoughtCo 1953 20A-7-211). 3501.38; 3519.05). Utah: The governor must decide that two measures are in conflict (U.C.A. This page provides state primary and presidential election dates for 2024 when legislative, congressional, gubernatorial, statewide office and presidential primary contests will be on the ballots in 46 states. Cannot be same as a measure at either of the two preceding biennial state elections. Signatures must be filed one year prior to the election. The requirement states that a petition must garner valid signatures from six of the state's nine congressional districts that equal 5 % (for a statutory proposal) or 8% (for a constitutional proposal) of the votes cast for governor in that district in the last election. Repeal or change restrictions: Majority of legislature may repeal or alter any statute measure (OK Const. Single subject rule: Yes (Const. Welcome to Gila County NCSL summarizes the results of the Feb. 21, 2023, special elections in Kentucky, New Hampshire, Virginia and Wisconsin. 5, 1). Must also provide a notarized list of names of proponents and a statement of organization. Verification: A random sample of 5% of the signatures is verified by county recorders (ARS 19-121.01(B)). Art. 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). M.G.L.A. Art. After translating an article, all tools except font up/font down will be disabled. 21). More than two elections on the same general matter cannot be held within 12 months. Stat. 22-24-412, Within 90 days after the adjournment of the legislative session at which it was passed. XVII, 1; Art. Rponses possible : a. 3, 20), Verification: Certified by the registrar (21-A M.R.S.A. Public review or notice: Public may comment for 15 days on petition once it is approved for circulation, and may attend hearing held by joint committee on legislative research, with comments from that meeting made public, and newspaper publication (V.A.M.S. 8). Art. Const. Code 23-17-3), Which election is a measure on: Statewide general election (MS Const. What is on each petition: Contains a summary of the subject matter, warning to signers and a statement as to paid circulators (Const. Collected in-person: Yes; petition includes language verifying that each person has "personally signed" (RCW 29A.72.130). Stat. Art. Art. Art. V, 1(3) and CRS 1-40-117. II, 1g; O.R.C. Const. Const. Collected in-person: Yes (Elec. The first statewide election held more than 180 days after adjournment of the session during which the act was passed, Regular election (state, congressional or municipal) or a special election called by proper official or when 15% of voters petition for one. Types allowed: Indirect initiative for statute, direct initiative for constitutional amendment, and popular referendum, Other subject restrictions: No private or special laws (Const. It is referred to the attorney general for approval (Mo.Rev.Stat. II, 1d). Law 6-207(c)). Art. 5, 1; C.R.S.A. . Depending on the legislature's action, the proponents may continue to pursue placement on the ballot for a popular vote. 7-9-104; A.C.A. From each of at least 26 Utah state Senate districts, legal signatures equal to 4% for indirect or 8% for direct initiatives of the number of active voters in that district on Jan. 1 immediately following the last regular general election. 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. Const. 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. Can remove an elected representative from office. 22-24-402. Art. The initiative and referendum process enables citizens to bypass their state legislature by placing proposed statutes and, in some states, constitutional amendments on the ballot. 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. Constitution 48, Init., Pt. Art. Chief petitioners must file a statement declaring whether circulators will be paid (ORS 250.045). Ballot title and summary: The same title drafted by the title board in the pre-qualification stage is used on the ballot (CRS 1-40-106); there is not a summary on the ballot (CRS 1-40-115). Final deadline (this is for counties to transmit verified petitions to the secretary of state) is not less than 120 days before the next general election (Const. 1953 20A-7-202; 20A-7-205.5). Secretary of state, revisor of statutes and attorney general, M.G.L.A. Circulator oaths or affidavit required: Yes (AS 15.45.360). General review of petition: None other found. 2; Neb. II, 1b). To re-enable the tools or to convert back to English, click "view original" on the Google Translate toolbar. The secretary of state, in consultation with the attorney general, prepares a condensation, explanations for and against, and concise summaries of the bill's impact on existing related laws (NRS 293.250). Vote requirement for passage: Majority (Utah Code 20A-7-209). 116.334; 116.260). 19-121.01; 19-121.04). Const. 2, 3). VI, Subpt. Code 23-17-37). Proponent organization and requirements: Must file as political committee (F.S.A. It is based on the principle that officeholders are agents of the popular will and should, therefore, be constantly subject to its control. 22-24-410). What is on each petition: Full text of the measure, follow prescribed form, signatures, warning, fiscal impact and a simple statement of the gist of the proposition (OK Const. 21 1). (SDCL 2-1-3). One year after the petition is approved by the secretary of state for collection, and deadline of 120 days before the election it is to be voted upon. And must be filed four months before election. Geographic distribution:For constitutional amendments, signatures must be gathered from 10% of qualified electors in each of two-fifths (40) of the state's 100 legislative districts (MT CONST Art. Does the law in question take effect before the referendum vote: Not automatically, though the law can be suspended with a higher signature threshold and an earlier submission deadline25% of the total vote cast in the last election, including 25% of the votes cast in each of 3/4 of the counties, submitted no later than 90 days after the adjournment of the legislative session (Const. e. laws enacted by the federal government., When Californians themselves originate and pass laws, the process they use is called the a. indirect . Art. See ACA 7-9-126. Art. 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)). 21 1; CV160314-SA), Montana (MT CONST Art. II, 1(d) and RCW 29A.72.030, Next succeeding general election, unless the legislature orders a special election, Const. Fourteen states do not have any process for withdrawal: Alaska, Arizona, Florida, Idaho, Maine, Massachusetts, Michigan, Mississippi, Montana, Nebraska, North Dakota, Utah, Washington and Wyoming. Const. VI, Subpt. 12, 2; M.C.L.A. Const. All 24 citizen initiative states require political organizations supporting or opposing a ballot measurealmost always considered political action committeesto follow state campaign finance laws. Withdrawal process of individual signature: After the petitions are submitted for signature verification, individual signatures may not be removed (ORS 250.025). Timeline for taking effect: Thirty days after the Governor's proclamation of the results (Const. The initiative came into use at Vaud in 1845. The requirement may be waived by a two-thirds vote in each house of the legislature. Paid per signature: May be paid (Ark. Const. Art. General review of petition: None other found. III, 6). Circulator requirements: Must be 18 years old and registered with the secretary of state. Const. Majority to pass: Yes (NDCC Const. Then, select a topic from the column at the left for comprehensive information or select a state in the map for state-specific information. 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). 1(5)). Massachusetts (M.G.L.A. Which election: Next statewide election, unless a special election is called by the legislature of the governor for the express purpose of considering a referendum (Const. It is argued that the simple existence of the initiative mechanism acts as a check on the activities of the legislature. Prepared by the secretary of state, upon consultation with the Fiscal Analysis Division of the Legislative Counsel Bureau. Art. Circulator oaths or affidavits: Yes (NDCC Const. Contributions greater than $3,000 that are received after filing the pre-election report must be reported within 24 hours of receipt. A year after Los Angeles adopted the device, voters in that city recalled a city councilman. Tit. Const. Where to file: secretary of state (Const. Prepared by sponsor, approved by secretary of state. 23-17-17). How to Write an Initiative? Art. Arizona: Const. Stat. 3, 1; Constitution 48, Init., Pt. Const. Number of signatures required: For statutory, 5 % of total vote for governor in the last election in each of two-thirds of the state's congressional districts. XVI, 3). Paid circulators must, prior to circulating petitions, sign a statement certifying they acknowledge that it is a misdemeanor to allow signatures on a petition to be used for any purpose other than qualifying a measure for the ballot (Elec. Who can sign the petition: Qualified voters (Const. Art. Allowed to pay another for their signature: Prohibited (NDCC 16.1-01-12). Legislature or other government official review: The Legislative Research Council also provides written comments to the attorney general (SDCL 12-13-25; 12-13-25.1). a. . If it passes, it becomes law. Tit. Every state requires or offers some type of review in addition to fiscal statements. Constitution 48, Init., Pt. Art. Ballot title and summary: Submitted to Board of Election Commissioners and then certified to the secretary of state (Ark. Referendum is the power to reject or overturn legislative actions taken by the Council. 3, 6; NDCC 16.1-06-09; and NDCC 16.1-01-17). Art. 21 1 and A.R.S. 22-24-407). States with direct initiatives (19): Arizona, Arkansas, California, Colorado, Florida, Idaho, Illinois, Michigan, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, Utah, Washington, States with indirect initiatives (10): Alaska, Maine, Massachusetts, Michigan, Mississippi, Nevada, Ohio, Utah, Washington, Wyoming. St. 32-1408. History of initiative and referendum in the U.S. - Ballotpedia Art. Additional signatures are needed then. Majority to pass: Yes (M.C.L.A. initiative, referendum, and recall - Students - Britannica Kids Laws 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. Initiative, Referendum and Recall Information | Paradise Valley, AZ Allowed to pay another for their signature: Prohibited (Const. Art. Const. For amendments, unless specified otherwise, July 1 following approval (MCA 13-27-105; MT CONST Art. Public review or notice: The attorney general shall provide a 10-day public comment period after the release of draft title and explanation and revise accordingly after the comment period closes. V, 3). Petition for Initiative. Should this bill be: Approved. Art. These may be accepted or rejected. Geographic distribution: 10% of the votes cast in the last general election in each of three-fourths of the counties, or 25% to suspend operation of the act until the operation (Const. Which election: At the next ensuing election held throughout the state for members of the U.S. House of Representatives (Const. 250.105). V, 3 and OK Stat. 19, 2). 295.009; 294A.150; 294A.220). Repeal or change restrictions: May repeal or alter a statute at any time. If statistical sampling shows that the number of valid signatures is between 95-110% of the number required, an examination and verification of signatures is conducted (Elec. Art. MCA 13-27-301; 13-27-202; MT CONST Art. The petition and affidavit are prescribed by the state board of elections and follow administrative rules (SDCL 2-1-1.1; 2-1-1.2; South Dakota Administrative Rules 5:02:08:07). Submission deadline of signatures: For direct constitutional amendments, a timeline beginning on Sept. 1 before the general election it is to be voted upon and ends on the third Tuesday of June of an even-numbered year. Cannot stop emergency laws passed by the legislature or appropriations to support state departments or institutions. Circulator requirements: Non-Arizona residents and paid-resident circulators must register. 2, 3; M.G.L.A. III, 2). Const. Amend. Submission deadline of signatures: For statute initiatives, no later than three months prior to the election the measure is to be voted upon, and must submit to the county officials no sooner than nine months and no later than four weeks prior to the final deadline (MT CONST Art. 5, 1 and ACA 7-9-107). Cure period for insufficient signatures: None specified. Any proposed law can, with sufficient backing, be put on the ballot in an election. Submission deadline for signatures: Within 90 days of the adjournment of the legislature which passed the law (SDCL 2-1-3.1). Art II, 9). For indirect initiative states, this review process involves the legislature and can be quite extensive. Withdrawal of petition: No process specified. The legislative council determines the estimated fiscal impact at least 90 days before the measure is to be voted on. 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. 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. Must include the names, addresses and signatures of at least 25 electors as sponsors and the full text of the measure (Const. All of the chief petitioners must sign the form to withdraw (ORS 250.029). Since the early 1970s, the initiative has increased greatly in popularity. Art. For direct constitutional amendments, a timeline beginning on Sept. 1 before the general election it is to be voted upon and ends on the third Tuesday of June of an even-numbered year. Vote requirement for passage: Majority (Const. 23-17-9), Time period restrictions before placed on the ballot: Ninety days before the first day of the legislative session and the first five measures make it on the ballot (Miss. Circulator oaths or affidavit required: Yes (MCL 168.482 and .544c). 295.0575), Allowed to pay another for their signature: Prohibited (N.R.S. Prov., Pt. The idea of referendums, recall, and initiative was one to give voters greater power over legislation and the lawmakers and politicians who served them. Art. 2, 10; Cal.Elec.Code 9004). A simplified explanation of the initiative process follows. States with geographic requirements using entities that are unequal in population, such as counties or even state legislative districts, are more likely to have the requirement challenged in court (for example, see Montana). 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. 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). Circulator oaths or affidavit required: Yes (Const. 34, 25, Next statewide election unless a special election is called by the legislature or the governor for the express purpose of considering a referendum, Regular election unless otherwise ordered by the legislative assembly, Next regular general election or a special election called by the lieutenant governor, Const. In California (Cal.Const. Three or more registrars must certify the petitions and follow other rules as per administrative regulations 950 CMR 55 (M.G.L.A. 14, 9). The attorney general may approve the title or revise as necessary to comply with the law. Art. 100.371). Political committees must file a statement of organization. 5, 1), Timeline for taking effect: Thirty days after the election unless otherwise specified in the act (Ark. Const. Const. Laws 168.471. Six states (California, Maine, Massachusetts, Nebraska, Ohio and Wyoming) require a certain number of days, ranging from 30 to 180, to pass between the date the petition qualifies and the election. 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). Art. Types allowed: Direct initiative for statute and constitutional amendment, and popular referendum, Single subject rule: Yes (Ne.Rev.St. Circulator oaths or affidavits: Yes (M.C.L.A. 15, 273; Miss. Signatures gathered in violation of these requirements are void (ARS 19-101(A)). 1(3)). What is on each petition: Petition includes original title of the act to be referred and a statement by signers. Five years on any measure that is "substantially the same as that defeated by" the previous measure. If amended, expires or is rejected, it goes onto the ballot. Proponents draft and submit a ballot title in their original filing. XVI, 2). Who creates petitions: Sponsors create the petition. Proponent financial disclosure requirements: In order to receive contributions or make expenditures in excess of $1,500 in a calendar year, must form a committee for political action and register with the secretary of state (NRS 294A.230). Art. General election, while petitions cannot be filed more than 65 days before the deadline. 3, 3; NDCC, 16.1-01-09). 3, 6). Human Rights democracy and rule of law Democracy. Art. Majority to pass: Majority and at least 50% of the total votes cast in the entire election (W.S.1977 22-2-117). 293.252). Withdrawal process of individual signature: Yes, before May 15, signer submits request to county clerk (U.C.A. What is on each petition: Petition must include full and correct title and text of the law (Const. Art. 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. 2, Sec. Verification: Counts total number and then takes 5 % random sample to verify signature accuracy (A.R.S. Art. 3, 4; Art. N.R.S. 2, 1), Ballot title and summary: Attorney general (RCWA 29A.72.050), Time period restrictions before placed on the ballot: No additional statute. Const. 100.371). Art. If passed by legislature, it is subject to the referendum (M.C.L.A. Art. 6, Gen. If more than one-third but less than the full number of the signatures required is submitted by June 1, the time for the law to take effect and the time for the filing of the remaining required signatures is extended to June 30 (Const. Art. If the total signatures meet 90 to 100 % of the requirement, the clerk checks all of the signatures until 100 % is reached. Art. Paid per signature: Yes, and reporting is required (21-A MRS 903-A(5)). Art. If passed by legislature, it is subject to the referendum (M.C.L.A. Repeal or change restrictions: Governor may not veto. Campaign statements must be filed by the 11th day before the election, the 30th day after the election, April 25 and July 25 every year and October 25 in odd-numbered years. Art. Code 9006). Disclosure reports must be filed 60 days before the election, on the 5th and 20th day of each month until the election, the 20th day of November after the election, and the 20th of January each year. Same if an alternate measure is proposed (M.C.L.A. Const. A warning to signers is required (CRS 1-40-110). Application process information: Proponents prepare ballot statements and file them (MCA 13-27-202; 13-27-312). 19-126), Majority to pass: Yes (A.R.S. Fifteen% of total ballots cast in previous general election. IV, pt. 7-9-104), California (Cal.Elec.Code 9001, 9004; Cal.Const. 1(3)). Formal processes vary greatly, such as the requirement of a formal sworn statement in Missouri (V.A.M.S. 19, 3). Number of signatures required: For indirect initiatives submitted to the legislature, 5 % of all votes cast for all candidates for U.S. president at the last general election. Ballot title and summary: The Office of Legislative Research and General Counsel numbers the propositions and proposes a descriptive title summarizing the contents of the measure. Art. Does the law in question take effect before the referendum vote: Operation of the law is suspended when petitions with sufficient signatures to trigger a vote are submitted (Const. XVI, 5(b) and Elec. 19-121), Ballot title and summary: Secretary of state, approved by attorney general (A.R.S. 19-121. 1953, Const. 3519.21; 3519.01; 3519.03), What is on each petition: Full copy of the title and text of the law, room for signatures and information of signers, a signed circulator statement, circulators name and address, name of employer of circulator, summary, attorney generals certification, a notice, and names of at least three of the committee members sponsoring the initiative (OH Const. Direct democracy Simple English the free. States decide how the ballot title and summary are created and any requirements for the wording of the measure on the ballot. Democracy and republican run against each other voters vote for one demarcate representative and one republican representative. Const. 5, 1; C.R.S.A. For statutory initiatives, 7% of votes cast for governor in last election. 1. Art. The initiative process allows citizens to propose a new statute or constitutional amendment.
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