XI, 2 and AS 15.45.260). Code 18680. 3, 3; NDCC, 16.1-01-09), Collected in-person: Yes (NDCC, 16.1-01-09). Art. A __________ is a media format where candidates meet with ordinary citizens, without the input of What is on each petition: Names of 10 original signers in the application and deadline for submission of signatures and follow guidelines of Administrative Rules 950 CMR 48.00 (M.G.L.A. 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). Signatures in each of one-half of the 27 congressional districts of the state. 1953 20A-7-203 and include notice to signers, date, room for signatures, title of the initiative, the fiscal impact statement, a warning, language about a tax increase if applicable, and signed verification by the circulator (U.C.A. Stat. . On the next general election or a special election if ordered by the legislature. Code 100). The practice of __________ means that district boundaries have been purposefully drawn to unfairly Const. To register as a paid circulator, in the past give years one cannot have been convicted of a crime involving fraud, forgery or identification theft in any state or be subject to a civil penalty due to an election offense. Const. Const. 3503.06). Const. Art. Repeal or change restrictions: Laws approved by the people under the referendum provision of this section may be amended by the legislature at any subsequent session thereof (Const. Withdrawal process of individual signature: May cross out signature on petition prior to submission to clerk or by written statement expressing wish for withdrawal after the petitions are turned in to the clerk (I.C. 4, Pt. Art. There is no federal initiative and referendum process in the U.S. 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. A major factor in John Kennedy's 1960 presidential victory over Richard Nixon was Petitions must be submitted to counties for verification four weeks before this deadline (MCA 13-27-301). Circulator requirements: Must be age 18 or older and resident of Ohio (I.C. 4, Pt. Petition title and summary creation: Secretary of state (Wyo. Art. Timeline for collecting signatures: If the petitions were filed at least 165 days before the election and the signatures are deemed insufficient, they may collect more (O.R.S. Proponent organization and requirements: A person, committee or political party that pays signature gatherers is required to file the same financial disclosures required under Title 13, Chapter 37 (MCA 13-27-112). Washington requires 60 percent approval for laws authorizing gambling or lotteries (Washington Const. Submission deadline of signatures: Filed four months before election, and have been published in newspaper at least 30 days prior (Ark. 13, 1). 4). Other requirements may include a legal warning, a statement that the petition circulator is paid, a summary of the proposed measure, the full text of the measure, the county or district where the signature was collected and more. Repeal or change restrictions: Two-thirds vote required to amend or repeal within seven years of effective date (Const. What is the purpose of the referendum process quizlet? Verification: Submitted to local registrars of each signer two weeks before submission to secretary of state, who establishes regulations to verify. Proponent organization and requirements: None specified. Art. journalists or commentators. The post-World War II constitutions of France and Italy made popular referenda obligatory for constitutional amendments. Art. Collected in-person: Each person must sign "in his own proper handwriting" (NMSA 1-17-1). 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). Must also meet conditional certification (W.S.1977 22-24-304; 22-24-308). 4, Pt. Art. 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. Art. The circulator must also register with the secretary of state and complete a training program specified by the secretary (OR Rev. Art. Const. IV, 1(4)). Amend. They also randomly select signatures on each page and compare them to the electors' signatures in the registration records. Circulator oaths or affidavits: Yes (NDCC Const. Art. 2, 9; Const. Art. 3, 52(f)). 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. Art. Code 102). Also requires full disclosure of campaign staffers. Const. b. four 907; Const. Stat. Const. V, 3). Geographic distribution: No more than one-quarter of signatures may come from a single county (M.G.L.A. 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). Who can sign the petition: Registered voters of the state (Const. Collected in-person: Yes (Elec. 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. 106.03). 3519.21. Art. This site uses different types of cookies. Recall election. 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). Sponsor, approved by secretary of state, reviewed by attorney general, 10 ILCS 5/28-5; 10 ILCS 5/16-6; 5 ILCS 20/2. IV, 1b). 905-A and M.R.S.A. Washington: equal to one-third (Const. The power to make laws in relation to Aboriginal people remained with the States. 12, 2). South Dakota has a unique statute regarding pay: may pay based on hourly wage or salary, express or implied minimum signature requirements for the circulator to meet, may terminate someone's employment if they do not meet "certain productivity requirements," and may pay discretionary bonuses based on reliability, longevity, and productivity. (SDCL 12-13-28). The legislature can provide for a different effective date with a two-thirds vote of the membership of each house (Const. Code 82013). Stat. Art. Proponent organization and requirements: Must follow financial statutes and file with Ethics Commission (A.C.A. For statutory initiatives, 6% of total votes cast for all candidates for governor in last general election. General review of petition: The secretary of state will appoint two, three-person committees, one for and one against the measure. Rev. c. Nominations were controlled by each party's congressional caucus. 19-121), Submission deadline of signatures: Four months before election (A.R.S. 168.471; 168.472). 295.0575), North Dakota (NDCC Const. Since 2020, state policymakers from both parties have confronted the harassment of election workers, including threats of violence, from a variety of angles, including by revising existing statutes and passing stand-alone protections. A post-election report is due by Jan. 7. Geographic requirements based on U.S. House districts, which must be highly equal in population, have been ruled constitutional. 2; Neb. 34, 6.1) and Utah (Utah Code 20A-7-306(3) and -306.3). 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. For indirect, statutory initiatives only: The legislature has 40 days to pass the unchanged initiative. For indirect statutory initiatives, 3 % of the votes cast for governor in the last election to submit to the legislator. Conflicting measures: The measure with the most affirmative votes becomes law (NDCC Const. Repeat measures: May only be attempted once every three years (Ne.Rev.St. Types allowed: Direct and indirect initiatives for statutes, and popular referendum, Single subject rule: Yes (U.C.A. Const. Petition title and summary creation: Petition includes the title of the referred law (SDCL 2-1-3.1). a. butterfly ballot. 23-17-49). Repeal or change restrictions: Two-thirds vote is required to amend or repeal a measure approved by a vote of the people (Cont. 22-24-416). Art. Art. Art. 21 1 and CV160314-SA), Other subject restrictions: If includes expenditures, must also include sufficient increased revenue sources that cannot come from general fund (A.R.S. Art. 48, Init., Pt. Prov., 3. Art. 34-1813). Art. 3, 6; NDCC 16.1-06-09; and NDCC 16.1-01-17). Submission deadline of signatures: For direct initiatives, April 15 immediately before the next general election (U.C.A. Geographic entities based on U.S. House districts, which are required to be highly equal in population, have been ruled to be constitutional (for example, see Nevada). Art. 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.". Registration requirements vary across states. Art. Art. Must include official language from attorney general, the measures full text, and the legislative district from which the signatures were collected (I.C. Circulator requirements: Must be Montana resident (MCA 13-27-102; 1-1-215), Circulator oaths or affidavits: Yes (MCA 13-27-302), Paid per signature: Cannot be paid based on the number of signatures collected but can be paid in general (MCA 13-27-102; 13-27-112). Art. 100.371, 101.161; F.S.A. Repeal or change restrictions: Governor may not veto (MT CONST Art. VI, 1 and Utah Code 20A-7-102, Laws passed by a two-thirds vote of the members of each house, Const. 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. In the indirect process, the proposal is submitted to the legislature. 353), What is on each petition: Fiscal impact statement, summary by secretary of state, name of circulator and statement on right of signer to read summary and fiscal statement before signing, and instructions from secretary of state (21-A MRSA 901, 903). Withdrawal process of individual signature: Signature may be withdrawn not later than 5 p.m. on the date the petition containing the person's signature is filed by signing a statement of intent to withdraw at the secretary of state's office, mailing a signed, notarized statement of intent to the secretary of state or drawing a line through the signature and printed name (ARS 19-113). 34-1807), Circulator oaths or affidavits: Yes (I.C. 250.137; 250.139). Circulator requirements: Must be qualified to register to vote pursuant to 16-101. The wording on the ballot must read: The legislature passed . New Mexico: at least 40% (Const. XVI, 4). Const. 353). II, 9, a law that is the subject of the referendum continues to be effective until the referendum is properly invoked, which occurs when the board of state canvassers makes its official declaration of the sufficiency of the referendum petition (MCL 168.477(2)). 3, 18). A report is also due no later than the 15th day after the deadline for filing the referendum petition. 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. 1953 20A-7-203; 20A-1-307), Circulator oaths or affidavits: Yes (U.C.A. Const. The requirement may be waived by a two-thirds vote in each house of the legislature. Amend. (Elec. 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). Chief petitioners must file a statement declaring whether circulators will be paid (ORS 250.045). IV, 1). Within a state, electoral districts must have roughly equal populations. Withdrawal process of individual signature: Signer or attorney of the signer may remove a signature before official filing (O.R.C. Art. 54 53). Code 23-17-37). May also post in newspaper (21-A M.R.S.A. 4, 1, Pt. 19-121.01; 19-121.04). 250.036; OR CONST Art. Which election: General election (SDCL 2-1-17). Which state requires voters to not wager on an election. 54 42A, 53; M.G.L.A. Art. Although this is not always the case, legislative referenda tend to be less controversial than citizen initiatives, are more often approved by voters than citizen initiatives, and often receive higher vote thresholds. 5, 1), Single subject rule: Yes (Cal.Const. 7-9-103). Fifteen% of those residing 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. 12, 2; M.C.L.A. Scheduling the majority of the primaries and caucuses at the beginning of the primary season. No filing fee is specified (Mo.Rev.Stat. Utah: The governor must decide that two measures are in conflict (U.C.A. Art. 24-22-403). St. 32-628; 32-1546), Paid per signature: No ban, but must state whether the circulator is paid or volunteering on the petition (Neb. Const. 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. II, 1e). 100.371, 106.03; Rule 1S-2.009). Art. 3, 50, 51). See Elec. 22-24-408 and -410). Art. XLVII, Pt. Art. Repeal or change restrictions: No veto and only a majority of voters to overturn amendments, not 55 % (C.R.S.A. N.R.S. Const. 8; 9). Art. If the total signatures meet 90-100% of the requirement, the county clerk(s) check all of the signatures until 100% is reached. Formal processes vary greatly, such as the requirement of a formal sworn statement in Missouri (V.A.M.S. St. 32-630; 32-628). For direct measures, four months from the election (RCWA 29A.72.030). 5, 1; A.C.A. Who creates petitions: Sponsors (Elec. 295.0575). See ACA 7-9-126. The attorney general submits a draft ballot title and the public may submit written comments in regard to it, which the attorney general may use to revise the title (O.R.S. States have statutes covering conflicting or competing measures, the percent of the vote needed to pass a measure, and repeal or change restrictions. 16-119; None other found in 26 Okl.St.Ann). No appropriations or other new revenues not provided for in the measure. Whats it called when you dont participate in politics? Art. 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)). Geographic distribution: 5% in each of two-thirds of the congressional districts (Const. 19, 1). Must be 18 or older and a U.S. citizen (M.C.L.A. Paid per signature: May be paid (Ark. If a state wishes to remove a government official from office and replace the official with another person, the state would use a _________. Where to file: Secretary of state (Const. Colorado and Nevada require a simple majority for statutory measures only. Submission deadline for signatures: No later than 5 p.m. 90 days after the final adjournment of the legislative session (Const. Timeline for collecting signatures: Eighteen months or until April 30 of the year of the next general election, whichever is earlier (I.C. In some states, the legislature or governor may order a special election for a measure. The sponsor may file a written notice to withdraw the initiative with the secretary of state. Colo. Const. Code Ann. It is unclear whether the following language in Nevada applies to popular referenda (provisions for which are included in the relevant article), or only to initiatives: This Article does not permit the proposal of any statute or statutory amendment which makes an appropriation or otherwise requires the expenditure of money, unless such statute or amendment also imposes a sufficient tax, not prohibited by the Constitution, or otherwise constitutionally provides for raising the necessary revenue.. 39. Const. Const. What is on each petition: Petition must include full and correct title and text of the law (Const. General election, and must file by the May before the election the measure is to be voted on. A successful referendum may alter the division of the Constitutional power between Commonwealth and State Parliaments. May only be attempted once every three years. 116.025). Reports of contributions and expenditures are due on the 12th day before an election, the 38th day after an election and the last business day of January and July of every year (ORC 3517.10). 4, 1, Pt. Public notice requirements are found in the following statutes. 34-1802). and the remainder of the required signatures shall be filed not later than the first Wednesday of the following December. After review by legislature, the second 0.5 % of signatures are to be collected between mid-May and July. Art. Full text of the measure must be attached (A.C.A. 116.120). 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. 19, 2; N.R.S. 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). 23-17-47; 23-17-49; 23-17-51; 23-17-53, Missouri: V.A.M.S. 21 1). 48, Init., Pt. Who can sign the petition: Qualified electors (NDCC Const. 6, 1). General review of petition: Upon request, any agency in the executive department shall assist in reviewing and preparing comments on the petition (C.R.S.A. 19, 2; N.R.S. 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). III, 3 and NDCC 16.1-01-09(3)). LXXXI, 4). Circulator requirements: Must be age 18 or older, registered with secretary of state and signed affidavit (A.R.S. Repeal or change restrictions: For statutes, may not be repealed by the legislature within two years of its effective date (Const. Most of these bans have been overturned by the courts. 5, 1; A.C.A. Who can sign the petition: Any qualified voter (AS 15.45.350). Fiscal review: Prepared by legislative council (CRS 1-40-105.5). 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. 1(9) and A.R.S. 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 house eachthe fifth member is appointed by the four previous members. First general election to be held not less than 30 days after the filing ofthe petition. Art. Click here to contact our editorial staff, and click here to report an error. Where to file with: Secretary of state (N.R.S. Signers must be residents in at least three-fourths of the state house districts, and signatures in each house district must equal in number at least 7% of those who voted in the preceding general election, 3% of total votes cast for the office of governor from at least 15 counties. Another 3% is required to qualify for the ballot if not enacted by the legislature after four months. Circulator requirements: US citizen and at least 18 years of age (Wyo. Circulator oaths or affidavit required: Yes (21-A MRS 902 and 903-A). IV, pt. 295.0575), Allowed to pay another for their signature: Prohibited (N.R.S. XLVII, Pt. 1(9) and A.R.S. Art. Repeal or change restrictions: Normal amendment referendum required. Who can sign the petition: Qualified electors and every person who is a qualified voter (Const. 2, 9; Const. 2, 10), the legislature cannot change or alter measures on its own and must resubmit changes to the people unless the original measure passed by voters waived this requirement. Ten % for amendments (Ark. IV, 1(4)). Art. Art. Art. 45. It must be accompanied by a notarized form including the names and addresses of the petition sponsors and the statement of organization provided at 12-27-6 (SDCL 2-1-3.1). The popular referendum was first introduced in the United States by South Dakota in 1898, and first used in 1906 in Oregon, two years after the first initiative was used in 1904, also in Oregon. Art. 5, 2; 34 Okl.St.Ann. d. are the best means for an audience to get the most information about the policy 19, 3). Withdrawal process of individual signature: After the petitions are submitted for signature verification, individual signatures may not be removed (ORS 250.025). Const. And attorney general reviews legality (MCA 13-27-202; 13-27-312; 13-27-402). Rev. Referendum This is power in the hands of the electorate to either accept or reject a proposal to an existing legislation through an election called for this purpose. Pamphlet contains one-sentence statements describing the effect of a yes or no vote prepared jointly by the attorney general and the state secretary. 2, 1). a. proportional representation XVII, 1; Art. 2). Records must be kept of contributions and expenditures. Withdrawal process of individual signature: A registered elector who signs a petition may withdraw his or her signature from the petition by filing a written request for such withdrawal with the secretary of state at any time on or before the day that the petition is filed with the secretary of state (CRS 1-40-109(3)). Legislature or other government official review: Legislature reviews the measure as submitted to it by the proponents. 354, Michigan: M.C.L.A. Art. 250.105). 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. Proponents write title (M.G.L.A. 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. IV, 1(3)). LXXIV, 2 and MGL ch. b. a state legislator. Prepared by the office of financial management, in consultation with the secretary of state, the attorney general, and any other appropriate state or local agency. II, 1b; Art. Art. 3, 52(g) and Wyo. Criminal background check done for paid circulators with additional restrictions. Cannot have had a penalty for violation of title 16 (election laws) or title 19 (initiative and referendum laws) in the past five years, been convicted of treason or a felony and has not been restored to civil rights, or been convicted of any offense related to fraud, forgery or identity theft. Rev. 19-112; 19-121.01).
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